Drepturile Omului (Jun 2022)
Coordonate juridice ale libertății de exprimare evidențiate în cauza Bumbeș împotriva României
Abstract
Recognising the stakes of respecting freedom of expression and freedom of assembly and association in strengthening the democratic climate in European countries, in the case Bumbeș vs. Romania the European Court of Human Rights builds the legal demonstration of the interrelationship between the two freedoms: the right to freedom of expression is analysed in correlation with the possibility of restricting the right to freedom of assembly and association as provided by article 11, paragraph 2, of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Accepting the legal intersection of the two freedoms, the Court assesses the factual elements of the case by taking into account the legal and jurisprudential requirements for the exercise of freedom of expression, examining in particular the aspect referring to the necessity and proportionality of the interference of the national authorities with the applicant's exercise of the right to protest peacefully against the Government's decision to authorise, in the absence of public debate, the draft law on the exploitation of metals in Roșia Montană. The main argument on which is based the Court's decision is that the applicant's failure to comply with the requirement of prior notification of a protest must not be observed by the national authorities in purely formal terms, since such reasoning would lead to results contrary to guaranteeing the right to an opinion in a democratic society.
