Open AccessRomania: derogation from the European Convention on Human Rights – freedom of expression during public emergency
Author(s) -
Mónika Márton
Publication year - 2021
Publication title -
toruńskie studia polsko-włoskie
Language(s) - English
Resource type - Journals
eISSN - 2391-7865
pISSN - 2083-1986
DOI - 10.12775/tsp-w.2020.003
Subject(s) - derogation , human rights , convention , political science , margin of appreciation , law , state of emergency , fundamental rights , international human rights law , state (computer science) , law and economics , sociology , computer science , politics , algorithm
A pandemic can provide a textbook example for the restrictions of fundamental rights and freedoms. Romania has decided to derogate from the application of the European Convention on Human Rights during the state of emergency caused by the COVID-19 pandemic. The questions discussed in this paper are whether the derogation of Romania fulfils the criteria established by the case-law of the European Court of Human Rights. If the answer is affirmative: does it have any effect on the inherent limitations on the freedom of expression as stated in art. 10 of ECHR?