Dreptul la liberă exprimare al funcţionarilor publici în contextul art. 10 din Convenţia Europeană a Drepturilor Omului
The Right to Free Expression of Civil Servants in the Context of art. 10 of the European Convention on Human Rights

Summary/Abstract: Civil servant forms a distinct category within the staff working in the public sector. They have a reserve obligation that imposes several limitations on them in the exercise of fundamental civil rights. The right to freedom of expression is a right whose limitation is justified by both the public and private interests. The public interest mainly concerns the image of the public authority or institution as well as of the entire body of civil servants. The private interest concerns the right of persons interacting with civil servants to dignity, image and protection of personal data. The limitations imposed by the special law must be consistent with the standards imposed by the Constitution and the international acts that Romania has signed. These limitations must be regulated only by law; they must be justified by defending values more important than free expression; they must be necessary in a democratic society, proportionate to the situation that led to the establishment of the fence and not harm the very existence of law.

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