Restrictions on the right to freedom of expression of members of the armed forces and the law enforcement bodies in the case-law of the European Court of Human Rights

Fejes, Erik (2025) Restrictions on the right to freedom of expression of members of the armed forces and the law enforcement bodies in the case-law of the European Court of Human Rights. Magyar Katonai Jogi és Hadijogi Társaság, Budapest. ISBN 9786156248121

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Abstract

Article 10(1) of the European Convention on Human Rights states that everyone has the right to freedom of expression. This means, on the subjective side, that anyone can freely express their opinion, position, criticism, feelings, ideas and the data they know, while on the objective side, it imposes an obligation on the state to provide the conditions for the development and functioning of democratic public opinion as a fundamental political institution. Freedom of expression is, of course, enjoyed by members of the armed forces, such as soldiers, police officers, gendarmes, border guards, finance officers, coastguards and members of penitentiary organisations, just like anyone else, but the armed forces and the law enforcement bodies can only fulfil their purpose if there are legal provisions in place and enforced that guarantee the maintenance of discipline and the order of service and hierarchy, ensuring effective operation. The European Court of Human Rights has, on several occasions, examined the compatibility of these requirements with the right to freedom of expression, and has made a number of important findings of principle. In my paper, I seek to answer the questions – by examining and analysing the relevant cases – as to which aspects the court considers relevant in relation to the restriction of the right to freedom of expression of these special subjects, and to what extent these aspects fit into the general framework of restrictions on the exercise of the fundamental right.

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