Iulia Motoc, judge at the ICC and former judge at the ECHR, draws attention to the fact that political speech is protected, but incitement to hatred is not, the comments being a reaction to the statements of Deputy Prime Minister Oana Gheorghiu about the pensions of magistrates.
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Iulia Motoc, judge at the International Criminal Court and former judge at the European Court of Human Rights, stated that political speech is fundamental for a democratic society and may include terms that can offend. She emphasized that protection is maximal for speeches addressing public interest issues, but does not apply in cases of incitement to hatred or discrimination. Her statements come in the context of a criminal complaint filed by the Superior Council of Magistracy against Deputy Prime Minister Oana Gheorghiu, who commented on judges' pensions, suggesting that they are privileges that affect the public budget. Gheorghiu stated that the money for service pensions is taken from other areas, such as education and health, and highlighted the need for an open discussion about these privileges. Motoc reminded that, although political speech must be protected, it cannot exceed the acceptable limits of democratic debate.
Sources
Fost judecător CEDO: Jurisprudenţa constantă a Curţii statuează că discursul politic constituie fundamentul unei societăţi democratice / Exprimarea politică poate include termeni care ”şochează, ofensează sau deranjează”
Fost judecător CEDO: Discursul politic este fundamentul unei democrații. Poate include termeni care „şochează sau deranjează”
„Discursul politic poate include termeni care șochează, ofensează sau deranjează” / Fostă judecătoare CEDO explică principiile privind libertatea de exprimare, în contextul acuzațiilor CSM împotriva Oanei Gheorghiu
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