Judge Penalized for Prematurely Disclosing Dissenting Opinion Reasons: Disproportionate Interference with Freedom of Expression

25-07-2023 

Sofía Medina Sánchez 

International Justice and Human Rights Researcher 

Global Human Rights Defence 

On the 18th of July 2023, the European Court of Human Rights (ECtHR) held that there had been a violation of the applicant’s freedom of expression (Article 10 of the European Convention of Human Rights) in the case of Manole v. the Republic of Moldova. 

The case concerned the dismissal from her duties as judge of the applicant for informing the press of the reasons of her dissenting opinion before the full text of the Court of Appeal’s decision had been published. The Strasbourg court recognised that judges hold a duty of discretion requiring them not to reveal the reasons for their decisions before they are made available to the public. Nevertheless, in examining the proportionality of an interference with the freedom of expression, the procedural safeguards and the nature and severity of the penalty imposed shall be analysed. 

The Court expressed concerns regarding the procedural safeguards, particularly the discretion granted to the National Judicial and Legal Service Commission (CSM) in determining the administrative procedure for the applicant's case. It also highlighted that the Supreme Court had not addressed the appellant's appeal regarding non-compliance with Law no. 947/1996 on the CSM, which referred to the disciplinary procedure for possible administrative sanctions related to breaching the prohibition on disclosing information and included procedural safeguards.

Regarding the imposed sanction, the Court noted that dismissal was the only available option at that time, resulting in a severe penalty that abruptly ended the applicant's 18-year successful career. The Court concluded that the Moldovan domestic authorities did not adhere to the applicable standards derived from the Court's case-law on Article 10 of the Convention and that the imposed sanction was not necessary in a democratic society.

Sources and further reading: 

Case of Manole v. the Republic of Moldova (Application no. 26360/19), Judgement, Second Section, 18th July 2023: https://hudoc.echr.coe.int/#{%22itemid%22:[%22001-225882%22]}

Press Release issued by the Registrar to the Court, ECHR 231 (2023) 18 July 2023: https://hudoc.echr.coe.int/eng-press#{%22itemid%22:[%22003-7085775-9583164%22]}