How to complain when you believe that your freedom of expression has been unlawfully restricted?
Any measures or sanctions that restrict your freedom of expression must only be taken if they are:
- provided in law
- necessary to achieve a legitimate aim: the protection of rights, reputation, honour or the dignity of others, state security, democratic law and order and public health
- proportional
If the court or other law enforcement institution has issued restrictions on your freedom of expression which are not based on one of the criteria mentioned above, you have several ways to protect your rights.
Civil claim
Usually, a restriction on freedom of expression can be defended against by an action in a civil court, or by an administrative action in an administrative court, if your freedom has been restricted by a public authority by its decision, conduct or omission.
The unlawful restriction of your freedom of expression may also be related to the court’s mistake in applying the law. For example, in restricting your freedom of expression, the court may fail to assess and take into account the public interest in the information you have made public.
In such cases, you may appeal the decision of the court of first instance to a higher court. If the higher court dismisses your appeal, you may submit an appellate review (dovolanie) to the Supreme Court, and possibly a constitutional complaint to the Constitutional Court. If your appellate review and complaint has been dismissed by the Supreme Court and also by the Constitutional Court, you may submit a complaint to the European Court of Human Rights.
Constitutional complaint
You can complain about a decision, proceeding, omission or other factual action or measure of public authorities if you believe that it violates your human rights because it is contrary to the Constitution of the Slovak Republic or binding human rights international treaty, including the European Convention on Human Rights. The court will only examine your complaint if you exhausted all other available legal remedies.
If your complaint is accepted, the court will determine whether the public authority`s decision or action you are complaining about violated your human rights. If the court concludes that there was a violation of your rights, it can revoke decision or other interference of courts or state institutions.
Moreover, if the Constitutional Court upholds the constitutional complaint, it may
- order the institution who violated the complainant's human rights to act in due manner
- return the case for further proceedings
- prohibit the continuation of a violation of the complainant's rights
- order the institution who violated the complainant's rights to restore the situation prior to their violation
The Constitutional Court can grant you an adequate financial satisfaction for a violation of your rights, if it declared that a certain decision or action has violated your rights. The aim of satisfaction is not to compensate damage, but rather to sanction public body that violated constitutional rights and basic freedoms.
If the Constitutional Court rules that your freedom of expression has been violated, you may submit a civil claim to a court of general jurisdiction requesting compensation of damage. If the Constitutional Court rejects your complaint, you may submit a complaint to the European Court of Human Rights.