Disciplinary sanction of non-promotion of a judge for harsh articles against the President of the Supreme Court. Accusations without proof. No violation of the right to freedom of expression
Panioglu v. Romania 08.12.2020 (app. no. 33794/14)
Judges and freedom of expression. Official sanctions against a judge, in particular concerning promotion, due to an article she had written in the press.
The applicant wrote an article in the press entitled “Nothing about how a Comrade Prosecutor has become president of all the judges”. In it she harshly criticized the activities of the President of the Court of Cassation during the period of the oppressive communist regime, whenever she worked as a Prosecutor. She wondered how the “Comrade Prosecutor” had acted to “uproot the enemies of the socialist class” and to “chase” women who had had an abortion. . She spoke of the “dungeons” and “poverty” under the regime and the prosecutors “somewhere above in an untouchable shining world … All these
comrades, usurpers of Christ and His Law, sternly guard[ing] the communist prison”. She spoke about living in grinding poverty while “the Comrade Prosecutor ha[d] also floated above”.