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European Observer on fundamental right's respect

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Case Law 25138/07 (20/02/2007)

Type: Judgment

Authority: National Courts: Supreme Courts (Italy) - Corte di Cassazione

Date: 02/20/2007

Subject: The Court, taking the cue from a case of libel, states important principles on freedom of the press. The Court first of all reasserts the fundamental role of freedom of press in the democratic debate; secondly, it states that the right to criticism against judiciary authorities, although subject to strict limits deriving from the obligation to self restraint, which prevents magistrates from reacting to declarations directed against them, can be exercised against also with respect to judicial authorities, as well as against any other person or institution. Finally, it is interesting to underline that the Court reaches such conclusions not only in the light of articles 21 of the Constitution and 10 of the ECHR, but also in consideration of principles recently stated by the European Court of Human Rights (case Kobenter and Standard vs Austria of 2 November 2006).

Parties: G. Colombo c/ V. Feltri

Original language: Italian

Classification: Freedoms - Art. 10 Freedom of thought

Text download Italian