1st Edition

Freedom of Expression of Judges European and National Perspectives

Edited By Federica Casarosa, Mohor Fajdiga, Madalina Moraru Copyright 2025
192 Pages
by Routledge

192 Pages
by Routledge

192 Pages
by Routledge

This book addresses the impact of developments surrounding the freedom of expression of judges by building on the experience of judges themselves, legal practitioners and academics across Europe. Like everybody, judges enjoy freedom of expression. However, historically, there have been starker limitations to the free speech of judges compared to ordinary citizens, the rationale being to safeguard... Read more

PART 1 Judicial free speech standards emerging from the European courts jurisprudence and other horizontal issues

1 Should judicial voices be heard? Judicial interactions between national and European courts reframing freedom of expression as a tool to protect the European rule of law

FEDERICA CASAROSA, MOHOR FAJDIGA, AND MADALINA MORARU

2 The freedom of expression of judges in Europe: an analysis of the case law under Article 10 of the European Convention of Human Rights: The rule of law in the leading role

SIETSKE DIJKSTRA

3 Chilling effect or no chilling effect: To be or not to be for freedom of expression of judges before the European Court of Human Rights

MOHOR FAJDIGA

4 What standards should be applied to judges exercising freedom of expression on social networks?

PIERPAOLO GORI AND ORESTE POLLICINO

PART 2 Lessons for Europe: National perspectives on freedom of expression of judges

5 All quiet in the judiciary: Low voice of Hungarian judges and the role of European courts

GABOR HALMAI AND AGNES KOVACS

6 Speech is silver. Is silence golden?

RALUCA BERCEA

7 Judges’ presence on Twitter in times of constitutional breakdown in Poland

JAROSŁAW GWIZDAK

8 Working as a judge or being a judge: On the specific features of freedom of expression of the judiciary in Italy

FEDERICA CASAROSA

PART 3 Epilogue

9 (Personal) reflections on (legal) developments concerning freedom of expression of judges

BOŠTJAN ZALAR

Biography

Federica Casarosa, Research Affiliate at Sant’Anna School of Advanced Studies, Pisa, and part-time Professor at the European University Institute, Florence.

Mohor Fajdiga, Teaching Assistant and PhD candidate at the Faculty of Law, University of Ljubljana.

Madalina Moraru, Associate Professor of EU Law, Department of Political Science, University of Bologna, and part-time Associate Professor at the European University Institute, Florence.