18
RUBINS v. LATVIA JUDGMENT
requirement to act in good faith in the context of an employment contract
does not imply an absolute duty of loyalty towards the employer or a duty
of discretion to the point of subjecting the worker to the employer’s
interests, certain manifestations of the right to freedom of expression that
may be legitimate in other contexts are not legitimate in that of labour
relations (see Palomo Sánchez and Others, cited above, § 76). Thus the
Court is ready to accept that the interference had a basis in domestic law
which served a legitimate aim.
74. Mindful of the Court’s supervisory role, according to which it is not
for the Court to take the place of the competent national authorities but
rather to review the decisions taken by the latter pursuant to their power of
appreciation, the Court will next ascertain whether the national authorities
adequately secured the applicant’s right to freedom of expression in
assessing the necessity of the interference in the context of labour relations
(ibid.,§ 61).
3. Whether the interference was “necessary in a democratic society”
(a) General principles
75. The Court will first reiterate the fundamental principles deriving
from Article 10 case-law. These principles provide that freedom of
expression constitutes one of the essential foundations of a democratic
society and one of the basic conditions for its progress and for each
individual’s self-fulfilment. Subject to paragraph 2 of Article 10, it is
applicable not only to “information” or “ideas” that are favourably received
or regarded as inoffensive or as a matter of indifference, but also to those
that offend, shock or disturb. Such are the demands of pluralism, tolerance
and broadmindedness without which there is no “democratic society”. As
set forth in Article 10, this freedom is subject to exceptions, which must,
however, be construed strictly, and the need for any restrictions must be
established convincingly. Moreover, Article 10 protects not only the
substance of the ideas and information expressed but also the form in which
they are conveyed (see, among many other authorities, Palomo Sánchez and
Others, cited above, § 53 and the case-law cited there).
76. In this connection the test of “necessity in a democratic society” is
applied, which requires the Court to determine whether the “interference”
complained of corresponded to a “pressing social need”, whether it was
proportionate to the legitimate aim pursued and whether the reasons given
by the national authorities to justify it are relevant and sufficient (see The
Sunday Times v. the United Kingdom (no. 1), 26 April 1979, § 62, Series A
no. 30).
77. In carrying out its supervisory role the Court has to satisfy itself that
the national authorities did apply standards which were in conformity with
the principles embodied in Article 10 and, moreover, that they based
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