Publication details

Omezení svobody projevu soudců a jeho morální zdůvodnění v judikatuře ESLP a NSS

Title in English Limits of judicial freedom of speech and their moral justification in case law of European Court of Human Rights and of Supreme Administrative Court


Year of publication 2021
Type Article in Periodical
Magazine / Source Právník
MU Faculty or unit

Faculty of Law

Web Open access časopisu
Keywords judicial freedom of speech; judicial ethics; deontological ethics; consequentialism; moral arguments; disciplinary offence; impartiality; criticising of judiciary; public confidence in judicial system
Description Freedom of speech enjoys protection and judicial freedom of speech is not an exception. However, judges are limited in their speeches by legal and ethical requirements posed on judicial office, by contrast to other people in society. It is not always clear what those requirements really mean, how the ethical requirements differ from the legal ones and what censequences are connected with certain speeches. Judges thus often face a difficult task not to breach limits of their freedom of speech, unless they know what guideline to follow in controversial situations. This article therefor analyses three judicial decisions (of European Court of Human Rights and of Supreme Administrative Court) in which courts dealt with judicial speech that were not in compliance with legal or ethical norms. In the first case, the judge failed to appear as impartial due to his speech. In the second case, the judge became a target of justified public criticism, and in the third case, the judge committed a disciplinary offence. Courts used moral arguments (deontological and consequentialistic) in their decisions to justify their statements concerning faults of those three judges. By revealing these moral arguments in each judicial decision, the article points out how the courts reflect upon requirements posed on judiciary. It also shows a guideline which can be followed be judges when they try not to breach any norm.
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