The aim of the present essay is to analyze, on a comparative perspective, the recent ECtHR case law involving a limitation of the freedom of expression: E.S. v. Austria (on 25 October 2018). Remarking the similarities and the differences with other analogous cases, the essay wants to find out if there is (or there is not) an objective evaluation criterion followed by the Court of Strasbourg in drafting the degree of extension (or compression) of the freedom of speech. The paper finally asks whether freedom of speech can reasonably design European’s constitutional identity as militant democracy
Freedom of Expression and Protection of Religious Peace in Europe: Considerations on E.S. v. Austria ECTHR case law
GATTI A
2018
Abstract
The aim of the present essay is to analyze, on a comparative perspective, the recent ECtHR case law involving a limitation of the freedom of expression: E.S. v. Austria (on 25 October 2018). Remarking the similarities and the differences with other analogous cases, the essay wants to find out if there is (or there is not) an objective evaluation criterion followed by the Court of Strasbourg in drafting the degree of extension (or compression) of the freedom of speech. The paper finally asks whether freedom of speech can reasonably design European’s constitutional identity as militant democracy
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