B. v. DENMARKDISSENTING OPINION OF MR. ERMACORA

Doc ref: • ECHR ID:

Document date: July 16, 1987

Doc ref: • ECHR ID:

Document date: July 16, 1987

Cited paragraphs only

DISSENTING OPINION OF MR. ERMACORA

I do not think that the punishment imposed on the applicant

for publishing an article questioning the impartiality of lay members

of a court amounts to a violation of Article 10 of the Convention.

The punishment is, in my view, justified under the second paragraph of

Article 10 in that it was necessary for maintaining the authority and

impartiality of the judiciary. I base my opinion on an interpretation

of the judgment of the Court of Human Rights in the case of Lingens v.

Austria (Eur. Court H.R., Lingens judgment of 8 July 1986, Series A

No. 103). In this case the Court stated that politicians must sustain

more criticism than others. In the present case, however, it was not

the honour of politicians which was at stake, but the authority and

impartiality of the judiciary. In this respect the judiciary must

enjoy a protection which in my opinion needs another legal approach

than in case of protection of the rights of others as set out in the

Lingens case.

&SAPPENDIX I&-

HISTORY OF PROCEEDINGS

Date Item

22 March 1985 Introduction of the application

29 April 1985 Registration of the application

Examination of admissibility

9 October 1985 Commissions deliberations and decision to

invite the Government to submit observations

on the admissibility and merits of the

application

20 December 1985 Submission of Government's observations

4 April 1986 Submission of applicant's observations

17 July 1986 Commission's deliberations and decision

to declare the application partly admissible

Examination on the merits

11 October 1986 Consideration of the state of proceedings

10 February 1987 Submission of Government's additional

obersations on the merits

7 March 1987 Consideration of the state of proceedings

8 July 1987 Commission's deliberations on the merits

16 July 1987 Commission's deliberations on the merits,

final votes and adoption of the Report