Freedom of Expression in the Decisions of European Court of Human Rights

Abstract

Contracting states should be restrict as little as possible to the fundamental rightson question on the criteria of proportionality, they should be prepare to realize theobjectives set in legislation carefully, the law should not be contrary to equity andit should not be based on unfounded thoughts. Limitations should be regulated bylaw, must be made for one of the legitimate aims, must be necessary in a democraticsociety and must be proportionate to means-end. European Court on Human Rights,precedents some criterias to cases, created by applying brought before them. In thedetermination of the points should be given proportionality of the audit and thenecessary and sufficient reasons for the limitations, must be given a legal decisionprocess in terms of method, should be taken preventive measures against abuse andintervention should not be injure the essence of the right. European Court on HumanRights, seeking the means-end ratio, rights and freedoms of intervention is necessaryto decide whether on the European Convention on Human Rights at the ContractingStates. European Court on Human Rights decides that there has been violationif there is less restrictive alternative to the rights and freedoms for to achieve thesame purpose or this aim can not be achieved by the intervention. It is understoodthat considerable effort especially 13th, 14th and amendment of article 15 of 1982Constitution, ensuring compliance with European Convention on Human Rights.European Court on Human Rights audits discretionary powers of the ContractingStates. European Court on Human Rights uses the concept of discretionary powers aseffective and flexible arm as mutual claims and interests assessment and balancingtechniques. The aim of European Court on Human Rights ensure compliance betweenstate laws with practice.