PRESENT STATUS OF FREEDOM OF EXPRESSION UNDER THE NEW ROMANIAN LEGAL ORDER

Carmen Moldovan ()
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Carmen Moldovan: Alexandru Ioan Cuza University, Faculty of Law, carmen.moldovan@uaic.ro, Iasi, Romania,

Journal of Public Administration, Finance and Law, 2015, vol. s2, issue Special issue 2, 150-156

Abstract: Freedom of expression constitutes a sine qua non element of a democratic society and of the European legal order. The European Convention on Human Rights and its interpretation by the European Court of Human Rights is considered as jus communis for the Member States who, directly or indirectly, must comply with the principles stated in its case law. Over the recent years, an intense debate took place in Romania concerning the imperious need to decriminalize libel and slander, which were deemed an exaggerate interference in the exercise of freedom of expression. The main argument of this point of view was that the case law of the European Court of Human Rights imposes such an obligation for the Member States. The New Criminal Code entered into force in 2014 and decriminalized libel and slander. The present article aims to analyze if there are substantial changes in the Romanian legal framework of freedom of expression, if the changes were necessary under the influence of the European Court of Human Rights case law and to identify the restrictions that may be imposed o its exercise.

Keywords: Freedom of expression; national interferences; legal status; limits (search for similar items in EconPapers)
Date: 2015
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Persistent link: https://EconPapers.repec.org/RePEc:aic:jopafl:y:2015:v:s2:p:150-156

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