In this book, from an interdisciplinary point of view, collaborators from different countries (Italy, Germany, Austria, Czech Republic, Romania, Poland, Brazil and Spain) and from various disciplines address the ethical issues surrounding the exercise of the freedom of expression by judges. The book brings together different approaches and themes, creates a space for debate and serene reflection concerning how judges should exercise the right to freedom of expression in the light of judicial ethics to ensure public confidence in the administration of justice.
Table of Contents:
The concept of “tolerance” in John Locke’s liberal system.- Freedom of expression for magistrates in ECHR’s jurisprudence in cases versus Romania.- Judges under Pressure: Judicial Reforms in Poland and Their Impact on Judges' Freedom of Expression in the Adjudication Process.- Justice of the future, a possible transformation through the digitalization of justice procedures using Artificial Intelligence.- Violation of the principles of judicial ethics – ground for the disciplinary responsibility of judges.- Ethics and integrity for judges – comparative study with other public professions in the Romanian framework.- Judicial Ethics and Freedom of Expression: an Average or Worst-Case Scenario.- Constitutional and legal framework of judicial ethics in Brazil.- Freedom of expression for judges or a witch hunt? The case of Poland.- Freedom of expression of judges and its limitations in the context of the right to an impartial court in the Czech and European context.- Harmonizing Rights and Regulations: National Judges and Urban Planning Through the Lens of European Court of Human Rights - Insights from Romania.- Judges under pressure - a few remarks about „ethical courage” of judges in Poland.- Does the Freedom of Expression of Judges Allow Them to Postpone the Trial of Cases, as a Form of Protest Against the Social Policy with Impact on Their Right to a Service Pension?.- Does the Wels Declaration of Ethics, adopted by the Association of Austrian Judges on 8 November 2007, infringe upon the freedom of expression for judges within the framework of respect for the principles of judicial ethics?.- The Judge and Justice. Contradictions of Contemporary Justice.- The right to freedom of expression of a judge and its limits in the Polish legal system.- An ethical vision of judicial secrecy and judicial discretion in an environment of transparency.- The Rule of Law, Civil Law and the Judges’ Freedom of Expression.
About the Author :
Cristina Hermida del Llano Full Professor for Philosophy of Law at the Rey Juan Carlos University of Madrid. Shehas been president of the Association of Philosophical Hispanism, as well as Director of the Journal Revista de Hispanismo Filosófico. Historia del pensamiento iberoamericano from 2017-2023. Director-Coordinator editor-in-chief of the collection Pensamiento Ibérico e Hispanoamericano of the Sindéresis publishing house since 2017. From 2020-2024 she was a memberof the Judicial Ethics Commission at the General Council of the Judiciary in Spain. Member of the Association of Philosophical Hispanism since 1995 and of the Spanish Association Alexander von Humboldt since 2001. Member of the Royal Academy of Jurisprudence and Legislation of Madrid since 2006. She is a member of the Bank of Experts of the State Research Agency in Spain since 2022. In 2013 she obtained the title of Jean Monnet Professor, followed by the Jean Monnet Chair - Jean Monnet Professor - by the European Commission in 2017, 2020 and 2022. She has carried out numerous research stays abroad, among others: at the Free University of Berlin (Germany), the Humboldt University of Berlin (Germany), the Universidad Iberoamericana (México), the National Taipei University (Taiwan), the Johannes Kepler Universität of Linz (Austria), the Kyiv University of Law of the National Academy of Sciences of Ukraine (Ukraine) and as a Visiting Researcher at Georgetown University Law Center in Washington D.C. (United States) from 2013-2017. She maintains her lines of research actively collaborating with various national and foreign universities, among others, from the United States, Germany, Austria, England, Italy, Belgium, Holland, Ukraine, Poland, Romania, Chile, Colombia, Brazil, Peru, Cuba, Dominican Republic, Mexico and Taiwan. She is the author of the books: José Luis López Aranguren (1909-1996) (1997); Aranguren.Study of his life, work and thought (1997); Philosophy of Law and the State. From Socrates to Seneca (1999), co-author with Klaus Adomeit; Fundamental rights in the European Union (2005); Female genital mutilation. The Decline of Legitimation Myths (2017); Racial Justice, Rights and Minorities (2023). She is also the author of about one hundred book chapters and more than two hundred articles on Spanish thought in the twentieth century, legal-political philosophy and European Union Law. She is PI of the Research Group on Immigration and Management of Cultural Diversity of the Rey Juan Carlos University (INGESDICUL) considered high performance since 2019. General co-editor of the Encyclopedia of Contemporary Constitutionalism edited by Springer. She is PI of the Knowledge Generation 2021 project (2022-2026), Non-Oriented Research Type B, Ref. PID2021-127122NB-I00, entitled The freedom of expression of the judge in the framework of respect for the principles of judicial ethics in Spain, having led in recent years other research projects at the national and international level. She has obtained several prestigious research grants in the international field, such as the Humboldt Fellowship or the scholarship granted by the National Science Council of Taiwan. She has been awarded a Diploma for the outstanding collaboration with Kyiv University of Law of the National Academy of Sciences of Ukraine and decorated twice by the Federal Republic of Austria.
