TITLE

Limits of the freedom of expression imposed by the protection of rights and freedoms of other persons - a critical survey of the case-law of Romanian Constitutional Court

AUTHOR(S)
RĂDULEŢU, Sebastian
PUB. DATE
March 2013
SOURCE
Pandectele Române;2013, Issue 3, p143
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
This article analyzes some solutions given by Constitutional Court of Romania to the tension between the freedom of expression and other fundamental rights. It argues that the constitutional jurisdiction does not apply a real control of proportionality in this type of cases although the article 53 of the Constitution of Romania imposes such a method. Moreover, the article criticizes the interpretation given by this body to the European Convention on Human Rights which is sometimes different of that of the Court of Strasbourg. Finally, it pleads for a tougher jurisprudential protection of the freedom of expression by the control of proportionality.
ACCESSION #
85961925

 

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