Freedom of expression and association
01 January 1991
Freedom of expression and association
bacdoc September=1992
Ezelin v France (26.4.91) Series A, Vol 202
European Court of Human Rights
Facts
A lawyer was disciplined by his professional association because
he had taken part in, and not dissociated himself from, a public
and unrestrained demonstration in which protests were made
against judicial decisions. He also refused to give evidence to
an investigating judge.
Decision
The court held that this was a breach of article 11 (freedom of
association). The pursuit of a just balance between the
restrictions contained in article 11(2) and the expression of
opinion by persons assembled on the streets must not result in
lawyers being discouraged, by fear of disciplinary sanctions,
from making clear their beliefs on such occasions.
Comment
This is of some importance for all lawyers who are politically
active. The court has taken a liberal view in this case,
particularly given that the restrictions on the freedom of
association in article 11(2) are very wide-ranging and allow
limitations that are `necessary in a democratic society in the
interests of national security or public safety, for the
prevention of disorder or crime, for the protection of health or
morals or for the protection of the rights and freedoms of
others'.
The court also decided that, even though the restriction placed
on the freedom of expression contained in article 10(2) includes
those necessary `for maintaining the authority and impartiality
of the judiciary', the freedom to criticise the judiciary was of
importance and to be preserved.
EC Europe Law Civil liberties
Legal Action, John Wadham (legal officer Liberty)