IDEAS home Printed from https://ideas.repec.org/a/aic/jopafl/y2015vs2p150-156.html
   My bibliography  Save this article

Present Status Of Freedom Of Expression Under The New Romanian Legal Order

Author

Listed:
  • Carmen MOLDOVAN

    (Alexandru Ioan Cuza University, Faculty of Law, carmen.moldovan@uaic.ro, Iasi, Romania,)

Abstract

Freedom of expression constitutes a sine qua non element of a democratic society and of the European legal order. The European Convention on Human Rights and its interpretation by the European Court of Human Rights is considered as jus communis for the Member States who, directly or indirectly, must comply with the principles stated in its case law. Over the recent years, an intense debate took place in Romania concerning the imperious need to decriminalize libel and slander, which were deemed an exaggerate interference in the exercise of freedom of expression. The main argument of this point of view was that the case law of the European Court of Human Rights imposes such an obligation for the Member States. The New Criminal Code entered into force in 2014 and decriminalized libel and slander. The present article aims to analyze if there are substantial changes in the Romanian legal framework of freedom of expression, if the changes were necessary under the influence of the European Court of Human Rights case law and to identify the restrictions that may be imposed o its exercise.

Suggested Citation

  • Carmen MOLDOVAN, 2015. "Present Status Of Freedom Of Expression Under The New Romanian Legal Order," Journal of Public Administration, Finance and Law, Alexandru Ioan Cuza University, Faculty of Economics and Business Administration, vol. 0(Special i), pages 150-156, September.
    • Handle: RePEc:aic:jopafl:y:2015:v:s2:p:150-156
    as

    Download full text from publisher

    File URL: http://www.jopafl.com/uploads/special-issue-2-2015/PRESENT_STATUS_OF_FREEDOM_OF_EXPRESSION_UNDER_THE_NEW_ROMANIAN_LEGAL_ORDER.pdf
    Download Restriction: no
    ---><---

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:aic:jopafl:y:2015:v:s2:p:150-156. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sireteanu Napoleon-Alexandru (email available below). General contact details of provider: https://edirc.repec.org/data/feaicro.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.