Abstract

Abstract This Article argues that to protect public debate, which is vital for democratic societies, it is crucial for courts in EU Member States to apply the freedom of expression standards established by the European Court of Human Rights (ECtHR) when adjudicating cases, particularly in the context of Strategic Lawsuits Against Public Participation (SLAPPs). The Article examines whether the obligation to protect the freedom of expression extends to the non-enforcement of judgments that could have a chilling effect on public debate, and explores the legal implications within the framework of the EU’s mutual recognition regime. By analyzing the Real Madrid v. Le Monde case, the Article highlights the importance of safeguarding free speech and public debate, praising the European Court of Justice (ECJ) for providing clear guidance on when non-enforcement is necessary to prevent the suppression of the public debate. The Article concludes by emphasizing the evolving role of the ECJ in balancing mutual trust among Member States with the protection of fundamental rights, especially in light of the EU’s ongoing integration and its potential accession to the ECtHR.

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.