10
RUBINS v. LATVIA JUDGMENT
Government put forward two grounds on the basis of which, in their view,
the present application fell outside the Court’s jurisdiction ratione materiae.
A. Incompatibility ratione personae
1. The parties’ submissions
37. The Government were firmly of the opinion that in the instant case
the applicant could not arguably claim that he had suffered interference with
his right to freedom of speech, as he had never been prevented from or
punished for exercising that freedom. In this regard the Government
referred to the judgment of the Riga Regional Court of 18 January 2012 in
which it was acknowledged that the applicant’s employer had never
prevented the applicant from exercising his democratic right to inform
society and the competent authorities about the alleged shortcomings at the
University.
38. The applicant contested that argument. He pointed out that his
employer had subjected him to unfavourable treatment both before and after
he had had the information published by the local news agency. The
establishment of the ad hoc investigative committees and the Rector’s
demands for the applicant to provide explanations for his email of
20 March 2010 had both contributed to the existence of an infringement.
2. The Court’s assessment
39. Since the arguments outlined above are pertinent and closely related
to the analysis of the complaint under Article 10, the Court considers that
the objection is closely linked to the merits of the applicant’s complaint. It
will therefore deal with the objection in its examination of the merits below
(see paragraphs73-74 below).
B. Incompatibility ratione materiae
1. The parties’ submissions
40. The Government alleged that the applicant’s complaint did not fall
under Article 10 of the Convention as it essentially concerned an
employment dispute as to whether the applicant’s dismissal had been lawful
under domestic law; it therefore concerned a labour dispute of a private-law
nature. They noted that the reasons for the applicant’s dismissal had been
gross infringements of the staff regulation and of ethical and behavioural
norms which affected the University. Moreover, the Government
emphasised that in his civil claim of 11 May 2010 the applicant had not
made any allegations that the University had acted in violation of his
freedom of speech.
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