Back Workshop for lawyers on freedom of expression: case studies and legal reasoning, held in Serbia

Workshop for lawyers on freedom of expression: case studies and legal reasoning, held in Serbia

Under the joint European Union/Council of Europe action “Freedom of expression and freedom of the media in Serbia (JUFREX 2)” a follow up workshop for lawyers was organised  on 30 November and 1 December, in Vrdnik, Serbia.

The event was conceived as an enhanced learning opportunity for lawyers from the Bar Association of Serbia and Vojvodina Bar Association, who attended earlier trainings on freedom of expression.  The workshop was focused on  the Article 10 (Art.10) of the European Convention on Human Rights (ECHR), through the practical exercises on selected cases of the European Court of Human Rights (ECtHR), related to defamation, privacy and safety of journalists.

The participants were engaged in discussion and analysis of selected ECtHR case-law without being presented with the final judgement and tasked to apply the tri-partite test through a trial exercise, through writing and presenting their legal arguments. Upon completion of each case study, the participants were provided with analysis of the actual judgements followed by discussion and analysis of the ECtHR reasoning and dissenting opinions of judges, where applicable.

The workshop contributed to further education of the lawyers on freedom of expression, through applying the theoretical knowledge gained in earlier trainings. As an added value, appreciated by the participants, the workshop was conducive to their better insight in the ECtHR’s proceedings, namely the approach to determine the merits of the case, legality, pursue of legitimate aim and necessity in a democratic society.

Furthermore, the beneficiaries got acquainted with the latest judgements that served as a basis for trial exercises, Milosavljević v Serbia (47274/19), Hurbain v Belgium (57292/16) and Gaši et al v Serbia (24738/19), that raise important considerations in terms of the balance between the right to privacy and or family life and freedom of expression and positive duties in ensuring safety of journalists.

The workshop was organised under  the framework of the joint programme of the European Union and the Council of Europe “Horizontal Facility for the Western Balkans and Turkey 2019-2022”.

Vrdnik 2 December 2022
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Freedom of expression and freedom of the media in Serbia (JUFREX)


What is the goal?


► To promote freedom of expression and freedom of the media and to improve the application of European standards in this domain;
► To ensure protection of journalists and contribute to creation of enabling, safer and more pluralistic media environment;
► To strengthen skills and knowledge of the actors who are responsible to apply such standards as part of their daily work, namely: judges, prosecutors, lawyers, police officers, employees of Regulatory Authority for Electronic Media, students and other media actors.


Who benefits from the Action?


► Training institutions for legal professionals (Judicial Academy and Bar Association of Serbia);
► Ministry of Interior;
► Regulatory Authority for Electronic Media;
► Faculty of Political Sciences, University of Belgrade;
► Judges, prosecutors, police officers, lawyers;
► Students;
► Through strengthened freedom of expression and freedom of the media and ensured right to seek, impart and receive information, citizens of Serbia will be able to genuinely participate in democratic processes.


How will the Action work?


► The Action builds upon a previous EU/CoE Regional Joint Programme Reinforcing Judicial Expertise on Freedom of Expression and the Media in South-East Europe (JUFREX);
► The capacity building activities for the various professional categories adopt a dynamic methodology for adult learning and peer-to-peer model;
► The action uses an inclusive approach in order to generate dialog between the different actors and relevant stakeholders;
► The strong interconnection between JUFREX Regional Action and JUFREX Action in Serbia ensures strengthened co-operation, exchange of good practices and lessons learnt.
What do we expect to achieve?
► Legal professionals – judges, prosecutors, lawyers and police officers improve application of the European Convention on Human Rights and the European Court of Human Rights case-law on freedom of expression;
► Professional capacities of the Regulatory Authority for Electronic Media are further strengthened;
► Faculty of Political Sciences and other relevant stakeholders contribute to an enabling environment for freedom of expression and freedom of the media.


How much will it cost?


► The total budget of the Action is 585.000 EUR;
► The budget allocated to the overall Horizontal Facility programme amounts to ca. 41 Million EUR (85% funded by the European Union, 15% by the Council of Europe).


How to get more information?


► Directorate General I: Human Rights and Rule of Law:
https://www.coe.int/en/web/freedom-expression/jufrex-2
► Martina Silvestri, Programme Manager, [email protected], +333 90 216 339
► Maja Stojanovic, Senior Project Officer, [email protected]; +381 11 71 555 10
► Irena Draskovic, Project Assistant, [email protected]; +381 11 71 555 15
► Horizontal Facility website: https://pjp-eu.coe.int/en/web/horizontal-facility/home
► Marija Simić, Horizontal Facility Communication Officer, [email protected], +381 63 601 337
► Besnik Baka, Horizontal Facility Communication Officer, [email protected], +355 69 217 8430

HORIZONTAL FACILITY II