The European Court of Human Rights has found a Romanian judge’s freedom of expression rights were breached when he was sanctioned by the country’s judicial watchdog over two Facebook messages.
Vasilică-Cristi Danileţ brought a case at the ECtHR against Romania claiming a violation of Article 10 rights on account of a finding made against him by the National Judicial and Legal Service Commission.
Danileţ, now retired, was a judge at Cluj county court known ‘for his active participation in debates on democracy, the rule of law and the justice system’. In January 2019, he posted two messages on his Facebook page, where he had some 50,000 followers. His first post, the ECtHR judgment said, was ‘in the context of the extension of the army chief of staff’s term of office by a presidential decree of 28 December 2018’. The second message included a comment and hyperlink to a news story which featured an interview with a prosecutor. Both expressed personal opinions.
Danilet unsuccessfully appealed his disciplinary sanction – a two-month 5% pay cut – before going to Strasbourg.