ABSTRACT

Freedom of expression is a fundamental right in modern democratic societies, serving both individual autonomy and the collective pursuit of an open and informed society. However, the protection of this right is complex and shaped by numerous factors, including the status of the speaker and addressee, the forum in which the exchange takes place, and the message conveyed. Civil servants, as both citizens and representatives of the State, occupy a unique position within this framework, and their freedom of expression is subject to special protection due to their duties and responsibilities. This chapter employs the doctrinal research method and the balancing approach of the European Court of Human Rights to explore the multifaceted dimensions of civil servants’ freedom of expression, including the significance and extent of this right within public employment, the duties and responsibilities of civil servants, the functional perspective of their unique positions and functions within the legal system, and the factors that influence the guarantees of free speech afforded to them. The chapter also examines the legitimate aims of interference with civil servants’ freedom of expression, general measures, and individual sanctions.