Europe’s human rights court on Monday ruled against Romania for punishing a judge over his social media posts which were critical of the judiciary.
The European Human Rights Court ruled that Romania had violated former Judge Cristi Danileț’s freedom of expression in a landmark ruling that upheld judges’ free speech rights.
The former judge was sanctioned by the Supreme Court of Magistrates, headed at the time by current High Court Judge, Lia Savonea over two Facebook posts.
The court rejected the Romanian Government’s arguments and confirmed that the sanction imposed on Cristi Danileț was disproportionate. The Monday ruling is final.
“This case is not about one person, but about the limits within which a magistrate can speak when the rule of law is under pressure. It is a discussion about the standards of freedom of expression in the public space, important for all magistrates,” said lawyer Nicoleta Popescu, who represented Danileț.
The ruling came after five days of protests in Romania following a damning investigation on the state of justice in Romania, which alleged that the judiciary was captured by an interest group of magistrates allied with politicians which journalists called a situation system “of unprecedented gravity”.
Separately, the European court established in Danilet’s case that, although magistrates are subject to a general duty of reserve, they have the right to express themselves publicly, including on social media on issues of general interest, such as the functioning of justice and the rule of law.
Danileț welcomed the decision and emphasized its importance beyond the personal case: “Asking magistrates to remain silent when discussing the rule of law is a dangerous recipe for democracy. I thank my lawyers for their work and all those who supported me for their courage. This decision is important for all magistrates in Romania and in the Council of Europe member states.”
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