Review of ECHR decisions for 09/04/2025

Here’s a detailed analysis of the ECHR decision in Backović v. Serbia:

1. Essence of the decision (3-5 sentences):
The case concerns the imposition of a fine on a lawyer for contempt of court due to statements made in his written objection to a court’s decision. The lawyer accused judges of abuse of office and made statements that belittled the court and questioned the judge’s professional capacities. The Court found no violation of Article 10 (freedom of expression), ruling that the interference with the lawyer’s freedom of expression was justified and necessary in a democratic society to maintain the authority of the judiciary.

2. Structure and main provisions:
– The case examines whether imposing a fine for contempt of court violates freedom of expression
– The Court analyzed three key aspects:
* Whether the interference was prescribed by law
* Whether it pursued a legitimate aim
* Whether it was necessary in a democratic society
– The Court found that:
* The interference had legal basis in Serbian law
* It pursued the legitimate aim of maintaining judicial authority
* The fine was proportionate and the reasons for its imposition were relevant and sufficient
– The decision includes a dissenting opinion arguing that the lawyer’s comments didn’t cross permissible criticism boundaries

3. Most important provisions for use:
– The Court established that lawyers have special duties when addressing courts, with their freedom of expression being more limited than for ordinary parties
– A clear distinction must be made between criticism and insult – if the sole intent is to insult, sanctions don’t violate Article 10
– Factors to consider when assessing proportionality:
* Fairness of proceedings
* Procedural guarantees
* Nature and severity of penalties
– The Court emphasized that domestic authorities are better placed to understand and appreciate expressions in their national context
– The decision confirms that protecting courts from gravely damaging and unfounded attacks is legitimate, especially since criticized judges cannot reply due to their duty of discretion

The decision provides important guidance on balancing lawyers’ freedom of expression with the need to maintain judicial authority and dignity.

Here’s a detailed analysis of the European Court of Human Rights decision in Green v. United Kingdom:

1. Essence of the decision in 3-5 sentences:
The case concerns a Member of Parliament’s use of parliamentary privilege to disclose the identity of Philip Green, who was subject to an interim privacy injunction. The Court found no violation of Article 8 (right to private life), ruling that the UK Parliament’s system of parliamentary privilege, which lacks extensive controls on MPs revealing confidential information, did not exceed the state’s margin of appreciation. The Court emphasized that it’s primarily for national parliaments to assess the need to restrict their Members’ conduct, though it advised the UK to regularly review the need for appropriate controls given the serious impact of disclosing information subject to privacy injunctions.

2. Structure and main provisions:
– The decision examines whether the UK had a positive obligation under Article 8 to implement ex ante and ex post controls to prevent MPs from revealing information subject to privacy injunctions
– The Court analyzed the balance between Article 8 (right to private life) and Article 10 (freedom of expression) rights
– The decision reviews parliamentary privilege systems across Council of Europe member states
– The Court found that parliamentary privilege in most member states provides absolute protection for statements made in parliament
– The ruling maintains existing jurisprudence on parliamentary privilege while acknowledging the need for ongoing review

3. Most important provisions for use:
– The Court confirms that parliamentary privilege remains a matter primarily for national parliaments to regulate
– States have a wide margin of appreciation in regulating parliamentary immunity
– The Court will not assess the value of parliamentary speech or its contribution to “meaningful debate”
– Parliamentary privilege that protects statements made in parliament is compatible with the Convention, even when it impacts individual rights
– States should regularly review the need for controls on parliamentary privilege when it affects privacy injunctions
– The Court emphasizes the importance of maintaining separation of powers between legislature and judiciary

The decision is significant as it upholds parliamentary privilege while acknowledging the need to balance it against individual rights and the rule of law.