Should judicial voices be heard? Judicial interactions between national and European courts reframing freedom of expression as a tool to protect the European rule of law

This chapter illustrates the interconnection between the two main research areas of the edited volume: judicial interactions and freedom of expression, with a focus on judges. It will start from the traditional view applied to the freedom of expression of judges, according to which judges and prosecutors enjoy freedom of expression as any other individual; however, their role as a special category of civil servants directly influences the forms and manners through which such a right can be exercised. The most important limit comes from the principles of impartiality and independence of the judiciary, which require judges and prosecutors to adopt self-restraint on specific issues. The introduction will highlight that the guidelines emerging-mostly-from ECtHR jurisprudence are now challenged by the strengthening of the connection between freedom of expression and independence of judges, recognising the importance of judicial voice for safeguarding the rule of law in Europe. The increasing number of cases decided by the CJEU will then be analysed, showing the importance of the interconnection as well as highlighting the risk faced by legal professionals: exercising the (moral) duty to speak out in the face of affronts to the rule of law, which increasingly exposes them to disciplinary and other types of sanctions.