LIBERTATEA DE EXPRIMARE ŞI LIMITELE EI ÎN CONTEXTUL CONFLICTULUI DINTRE VALORILE JURIDICE

Abstract

In this paper I present and analyse the principle of freedom of expression and its limits in the context of its conflict with other juridical values. I will argue that there are national and international juridical norms which govern fundamental freedoms and rights and that they mention the conflict, but without providing some unequivocal criteria for an authentic resolution. Hence, I believe that we have to investigate if there are any standards or principles we could use in order to establish in a non-problematic manner which juridical values must prevail in a particular context. Consequently, I will analyse a set of principles selected from the judicial practice of CEDO and I will explain that they are not sufficient for providing a unique and universally accepted solution of the conflict. However, in the last two sections of the article I will argue that the judicial practice of CEDO could be understood as a valuable tradition (in Karl Popper’s sense) in the effort of resolving this conflict.