Just as the contracting parties of the European Convention can limit the right to freedom of expression in some situations, they can also take positive measures to protect this right in other situations. The European Court has issued several decisions and judgments on the right to access information held by public authorities. The right to freedom of information prohibits the government from restricting anyone from receiving information from anyone else. In some cases, the Court found denying access to the requested information would violate the right to private and family life. Accordingly, Article 8 of the Convention imposes a positive…
Author: 2j4ck
Certain social factors, including the media and other persons reporting in the public interest, enjoy the legal protection of Article 10 due to the importance of protecting democracy. In some cases, the Court had to deal with the limitation of the rights from Article 10 due to the specific position of some persons. In one case in the Netherlands, the Court had to assess the legality of banning the publication and discrimination of newspapers prepared by soldiers, in which they criticized senior officers. The imposition of a penalty, i.e., a ban on the publication of newspapers, was necessary to prevent…
The European Convention, Article 10, allows members to restrict freedom of expression to protect a higher interest. There are cases when speech does not enjoy protection under Article 10 of the Convention. Expression falling within the scope of Article 17 does not enjoy the protection of Article 10. The European Court of Human Rights applied Article 17 in the context of racist speech that undermines the fundamental values of the Convention. A typical example of this is Pavel Ivanov v. Russia, who was criminally convicted for publishing articles in which Jews were presented as the source of evil in Russia.…
According to international regulations, the right to a personal opinion is absolute – “regardless of borders”. The European Convention plays a crucial role in regulating freedom of expression, allowing for exceptions and the possibility of restrictions on the “realization of these freedoms”. The European Court, in the case of Kozakov v. Russia, accepted the fine imposed on him for defamation. However, it also stated that the apology, as a form of satisfaction, is a disputed concept and not necessarily required. The right to freedom of expression also includes the right not to express an opinion. The European Commission for Human…
In terms of gender impact, which is determined in such a way that women and men in any institution or corporation will be included in the assessment processes of the same, it is necessary to do gender statistics that represent the specification of data for women/girls compared to men/boys – specification. The gender equality index conducted by Monstat in Montenegro for 2023 is 59.3, an increase of 4.3 index points compared to the Index from 2019. In the EU-27, the Gender Equality Index is 68.6. Compared to the EU-27, Montenegro records a lower index value of 9.3 index points. The…
As the topic of gender equality becomes increasingly current, we will try to explain the role of institutions in realizing this right. In the process of achieving gender equality, the state administration aims to establish gender equality at all levels, provide professional support for the preparation of local action plans for the establishment of gender equality, monitor the application of international documents and conventions, adopt global standards in the field of gender equality, encourage activities on gender education equality, these are all measures that are needed by institutions that contribute to the equality of women and men, especially concerning the…
As promised when we founded our media, we do not deal with political topics and political trade in Montenegro. However, with sport, which has made the nation happy many times and recently brought many disappointments, we want and have the right to do so. In the first years after the independence of Montenegro, the Montenegrin national team and individuals achieved desirable results. Let’s remember the water polo team, then the women’s handball team, the promotion of basketball players to the “A” division, Ivan Strugar, Marija Vuković and many others. Only football did not work for us at all. There were…
Article 10 of the European Convention protects individuals and legal entities. Protection applies not only to the content of the expression but also to the means through which that content is disseminated. The first case in which the Court established a violation of the right to freedom of expression was “Sunday Times”, i.e. the publisher of this magazine as a legal entity and several journalists as individuals. The Court stated that any restriction related to the means of information transmission infringes on the right to receive and provide information. The Court’s jurisprudence has protected various forms of communication, including oral,…
Freedom of expression is one of the fundamental human rights and, according to the Convention, it is interpreted in such a way that everyone has freedom of expression, that this right includes freedom of opinion and the freedom to receive and transmit information and ideas without the interference of public authorities and regardless of borders. Restrictions and requirements that states may apply to this definition include seeking licenses for radio, television, and film companies. The Human Rights Court treats freedom of expression as one of the fundamental human rights and as a prerequisite for democracy and the realization of other…
AMENDMENT IX Judicial Council: 1) elects and dismisses the president of the Supreme Court; 2) elects and dismisses the president of the Judicial Council; 3) Submits an annual report to the Assembly on the work of the Judicial Council and the overall situation in the judiciary; 4) elects and dismisses the judge, court president and lay judge; 5) considers the report on the work of the court, petitions and complaints about the work of the court and takes positions on them; 6) determines the termination of the judicial function; 7) determine the number of judges and lay judges; 8) proposes…