Freedom of Expression in the View of Community Law

Human Rights.

Even if freedom of expression is one of the most disputed topics in the last few years, it’s also true that a democratic society cannot be conceived without respecting this fundamental right. Its regulation was in hands of the doctrine but also of the legal practice and the recent international bodies have given sustained attention through the European Convention on Human Rights:  the Treaty of Establishment of a Constitution for Europe; the Constitutions of the democratic countries and of Romania, the special laws: the Civil Code, the Criminal Code or the Press Law No. 9/1996 but also the article 30 of the Constitution. Freedom of speech does not include the excess of journalists too, that is why there are also limits  in the disclosures made under this right that has to provide legitimate interest, the pronouncement of a court, the right of a sanctioned journalist to appeal to a higher court.

Ion Țuțuianu

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