Naslov
Judgments of the European Court of Human Rights against the Republic of Croatia for violating the right to freedom of expression

Autori
Zekić Eberhard, Nefreteta

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, pregledni

Knjiga
3rd Interdisciplinary Doctoral Conference 2014 - Conference book

Urednik/ci
Schaub, Anita ; Szabó, István

Izdavač
Pécsi Tudományegyetem Doktorandusz Önkormányzat

Grad
Pečuh

Godina
2015

Raspon stranica
425-438

ISBN
978-963-642-741-2

Ključne riječi
human rights, freedom of expression, the Republic of Croatia, The European Court of Human Right

Sažetak
In September 2013 the European Court of Human Rights issued a judgment confirming that Croatia has violated the right to freedom of expression, guaranteed by the European Convention for the protection of human rights and fundamental freedoms in Article 10. In case Stojanovic v. Croatia, the ECHR has proved that a violation of freedom of expression occurred because of an unfounded conviction for defamation. This judgment was pronounced by the Municipal Court in Zagreb, ordering Stojanovic to pay compensation of damages for defamation. Arguable defamation had been said against former health minister in one newspaper edition. This judgment became legally effective in February this year, and it is interesting in the context of the fact that this is the first verdict on the issue of Article 10 in which the Republic of Croatia was found responsible for the violation of freedom of expression. At the same time, according to the report of Reporters Without Borders from 2014 among 180 countries for press freedom, the Republic of Croatia is ranked 64th. This report compares all current requests of the ECHR in which Croatia is accused of violating Article 10 of the Convention, as well as the ratio of these types of requests in relation to those associated with other articles of the Convention. The paper statistically presents the number of requests from Croatia to the ECHR from which it is possible to draw a general hypothesis about the issues that the ECHR commonly encounters in relation to the Republic of Croatia. In 2012 The Republic of Croatia was on the third place by the number of requests forwarded by the judicial authorities of the ECHR in relation to its population. Since 1998 the ECHR considered seven claims against Croatia in the context of Article 10. This paper will review these cases in detail, as well as the reasons why in two requests the conclusion was that there had been no violation of Article 10, while the remaining five claims the ECHR declared inadmissible. Methods that were used for this paper are mainly based on researching written materials on related matters, concrete judgments, but also statistical data and comparison method. The author in her work examines whether indeed Croatia extremely rarely violates the article on freedom of expression, based on previous judgments of the ECHR, or Croatian citizens very rarely use the legal instrument of the ECHR in the case of this deviations. The number of claims against Croatia in the past four years have increased more than three times, so it is very likely to assume that in the future the Republic of Croatia will have to deal with the increasing number of complaints for violation of Article 10. The number of request will certainly grow in proportion with the democratic maturation of the entire nation, especially if Croatia remains in the lower part of the scale in terms of freedom of the media

Izvorni jezik
Engleski

Znanstvena područja
Informacijske i komunikacijske znanosti, Interdisciplinarne društvene znanosti

POVEZANOST RADA