Abstract:

Public officials, in accordance with the rules of the statutory law they follow, in this context, in accordance with the duty of loyalty and secret storage and the duty of neutrality they impose against those who benefit from the public service, may be subject to an additional set of restrictions in the use of freedom of expression different from other individuals. However, the guarantees provided for in Article 10 of the European Convention on Human Rights and the restriction regime provided for in Article 10 shall also apply in respect of the freedom of expression of public officials. Therefore, in order that administrative procedures that interfere with the freedom of expression of public officials may be considered lawful, these procedures – among others – must be established in a democratic society in accordance with the conditions of necessity. In this framework, the study will examine the interpretation and application of Article 10 of the European Convention on Human Rights and, in particular, the conditions of necessity in the democratic society provided for in this article by the European Court of Human Rights in terms of the interventions of public officials towards freedom of expression. Following the recent decisions of public officials concerning freedom of expression, the question is whether the Council’s approach to the issue is in accordance with the requirements of the European Convention on Human Rights.

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