Constitutional Court of Macedonia and the ECHR: Defamation

Milenkovska, Marija (2018) Constitutional Court of Macedonia and the ECHR: Defamation. Horizons, International Scientific Journal, Series A Social Sciences and Humanities, 22. pp. 97-107. ISSN ISSN 1857-9884

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The paper examines the impact of the ECHR on the decisions of the Constitutional Court of the Republic of Macedonia (CCRM)in defamation cases not involving a politician. It focuses upon the following questions: Does the Court refer to Article 10 of the ECHR in these cases? Does it interpret freedom of expression in the light of the Convention? To answer the questions the paper analyses: 1) the case law of the European Court of Human Rights in order to find out how it has interpreted “for the protection of the reputation or rights of others”(defamation exception) as a justified and necessary restriction on freedom of expression and 2) decisions of the CCRM (concrete disputes) in defamation cases not involving a politician.The analysis revels that it is questionable whether the CCRM seriously considers the defamation case law of the ECtHR in deciding these cases

Item Type: Article
Subjects: Scientific Fields (Frascati) > Social Sciences > Law
Divisions: Faculty of Security
Depositing User: Fbs Eprints
Date Deposited: 20 May 2020 09:58
Last Modified: 20 May 2020 09:58

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