A former ECDO judge intervenes in the scandal of the complaint filed by the CSM against Oana Georghiu. “Political expression may include terms that 'shock'”
Iulia Motoc, judge at the International Criminal Court and former ECHR judge, reacted on Monday to the CSM's decision to file a criminal complaint against Deputy Prime Minister Oana Gheorghiu, stating that political discourse is the foundation of a democratic society and that it includes terms that “shocks or offends”.
Iulia Moțoc is a former ECHR judge and current ICC judge PHOTO Facebook
“Because I was an ECHR judge for almost ten years, I have the duty to clarify certain aspects related to the freedom of expression of politicians, considering that all cases can potentially reach the ECHR”Iulia Motoc, a judge at the International Criminal Court, wrote on Facebook on Monday evening.
According to the former ECHR judge, first of all, “the consistent jurisprudence of the Court holds that political discourse is the foundation of a democratic society.”
She then spoke of the wide margin of acceptable criticism, stating that “politicians, by the nature of their public office, implicitly accept to be subject to a higher level of scrutiny and criticism. The limits of acceptable criticism are considerably wider for public figures than for private citizens.”
“The Court has repeatedly held that political expression can include terms that 'shock, offend or disturb'. Hyperbolic, polemical or satirical language, even that perceived as exaggerated or intemperate, is protected by Article 10, provided it does not degenerate into unlawful speech”she also wrote, referring to tolerance for incisive language.
She also referred to the importance of public interest debate, stating that “protection is greatest when the speech concerns matters of general interest, governance, transparency or potential conflicts of interest.”
This also explained the fact that, according to jurisprudence (the Féret and Le Pen cases), “speech that incites racial hatred, discrimination, xenophobia does not enjoy protection.”
“These demonstrations are considered contrary to democratic principles”Iulia Motoc also transmitted.
The claims come after the Superior Council of Magistracy filed a criminal complaint against Deputy Prime Minister Oana Gheorghiu and condemned her statements made in a televised interview, in which “the independence of the judiciary and the status of magistrates were violated in an irresponsible and populist way.”
“The statements deliberately formulated in a note characterized by an emotional vector, with reference to funds allocated for minors affected by serious pathologies, and the comparison between their situation and the financial guarantees of judicial independence cannot be simple personal opinions when they come from a representative of the executive power. Such allegations represent attacks on a constitutional power, which fuels a dangerous discourse that incites hatred and discrimination, intended to antagonize society against the professional body of magistrates”the CSM transmitted.
