Czech Republic / Supreme Administrative Court / 11 Kss 6/2015 - 53 / Decision of the Disciplinary Chamber

Country

Czechia

Title

Czech Republic / Supreme Administrative Court / 11 Kss 6/2015 - 53 / Decision of the Disciplinary Chamber

View full Case

Year

2016

Decision/ruling/judgment date

Monday, June 06, 2016

Incident(s) concerned/related

Other forms of hate speech

Related Bias motivation

Religion

Groups affected

Migrants
Muslims

Court/Body type

National Court

Court/Body

Supreme Administrative Court

Key facts of the case

A judge was officially reprimanded by the Disciplinary Chamber for publishing several sarcastic and offensive articles on the migration crisis and about migrants, Muslims and humanitarian workers.

Main reasoning/argumentation

The Disciplinary Chamber argued that the freedom of speech of judges is limited by their duty to uphold the dignity of the office of a judge. A judge has to abstain from any activity that diminishes the dignity of the office and the public's trust in the independence of judges. A judge may present his/her opinions publicly, but in a moderate way that does not give the impression that he/she may be biased in decision-making.

Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?

Key issues (concepts, interpretations) clarified by the case

A judge may present his/her opinions publicly, but in a moderate way that does not give the impression that he/she may be biased in decision-making.

Results (sanctions, outcome) and key consequences or implications of the case

The judge was officially reprimanded.

Key quotation in original language and its unofficial translation into English with reference details

"Soudci je nicméně zapovězeno vyjadřovat veřejnou podporu konkrétnímu politickému subjektu či programu, případně podporovat či šířit myšlenky, které jsou v rozporu s principy demokratické společnosti. Korektivem jeho počínání musí být hranice, za níž by mohl vyvolat dojem, že jím prezentované názory by mohly mít vliv na výkon jeho soudcovské funkce. "

"A judge must not publicly support a political subject or a programme or support or spread ideas that are not in compliance with democratic principles. He / she must not cross the line beyond which his / her activities would create the impression that the opinions expressed could influence his/her performance of the judicial duty."

DISCLAIMERThe information presented here is collected under contract by the FRA's research network FRANET. The information and views contained do not necessarily reflect the views or the official position of the FRA.