The CCJE Working Group met online on 16-18 February 2022 to discuss the draft structure for the CCJE Opinion No. 25 (2022) on the freedom of expression of judges.

In particular, the draft Opinion will focus both on the personal scope of this right for judges, as well as on its material scope, that is when judges may rely on their right to freedom of expression for extrajudicial statements, as well as for statements made in the court. The draft is expected to elaborate the sources and permissible extent, as well as the legitimate aims of the limitations on the freedom of expression of judges and the existence of a legal duty of restraint in certain situations. The Working Group discussed in-depth controversial cases, contents of judicial statements, different types of the latter including as regards political matters, or matters of concern for the judiciary as an institution, statements of purely private content, criticisms of the judiciary or the fellow judges and other aspects, relying  on its members’ extensive judicial experience. Defending judicial independence as a legal and moral duty of judges and of the judicial councils was emphasised, including issues of both external and internal independence.

The Working Group agreed on the final structure and will examine the preliminary draft Opinion No. 25 (2022) during its next meeting, scheduled to take place on 11-13 May 2022.