Response to comment on Rubins v. Latvia: adjudication is not erroneous at all

By Dirk Voorhoof, Ghent University

I disagree with the analysis of and the comments on the Rubins v. Latvia judgment by Elena Sychenko, posted on 13 April 2015 on Strasbourg Observers, finding that the judgment is an example of an erroneous adjudication and is granting protection to blackmailing. I consider the judgment a well balanced and transparently motivated example of scrutinizing by the ECtHR of a disproportionate interference with the right to freedom of expression of an employee, in this case of a university professor expressing sharp criticism on the employer’s policy and management.

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Rubins v. Latvia: Does Article 10 ECHR Protect Blackmailers?

This guest blog post was written by Elena Sychenko, Ph.D. student at the University of Catania, Law Faculty, Labour Law Department.

The recent case of Rubins v. Latvia has received much attention from lawyers. Commentators assumed that the Court established a protection of employees not covered by whistle-blowing provisions[1]  and believed that the Court contributed one more time to the protection of democratic values.[2] However, it will be argued that the Rubins judgment is not in line with famous whistle-blowing cases[3] but provides an example of erroneous adjudication and grants protection to blackmailing.

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