29/09/2023, 12:35
SANCHEZ v. FRANCE - 45581/15 (Judgment : No Article 10 - Freedom of expression-{general} : Grand Chamber) [2023] ECHR 418 (1…
mutandis, X and Y v. France, no. 48158/11, § 61, 1 September 2016;
Huhtamäki v. Finland, no. 54468/09, § 51, 6 March 2012; and Soros
v. France, no. 50425/06, § 58, 6 October 2011).
128. The Court’s power to review compliance with domestic law is
thus limited, as it is primarily for the national authorities, notably the
courts, to interpret and apply domestic law (see, among other authorities,
NIT S.R.L., cited above, § 160; Satakunnan Markkinapörssi Oy and
Satamedia Oy, cited above, § 144; and Kudrevičius and Others, cited
above, § 110). Unless the interpretation is arbitrary or manifestly
unreasonable, the Court’s role is confined to ascertaining whether the
effects of that interpretation are compatible with the Convention (see NIT
S.R.L., cited above, § 160; Radomilja and Others v. Croatia [GC], nos.
37685/10 and 22768/12, § 149, 20 March 2018; and Centre for
Democracy and the Rule of Law v. Ukraine, no. 10090/16, § 108,
26 March 2020, with further references). In any event, it is not for the
Court to express a view on the appropriateness of methods chosen by the
legislature of a respondent State to regulate a given field. Its task is
confined to determining whether the methods adopted and the effects they
entail are in conformity with the Convention (see Delfi AS, cited above,
§ 127, and Gorzelik and Others, cited above, § 67).
(b) Application of those principles to the present case
129. The Grand Chamber would begin by noting that the applicant’s
criminal conviction was handed down on the basis of section 23, first
paragraph, section 24, eighth paragraph, of the Law of 29 July 1881, and
section 93-3 of Law no. 82-652 of 29 July 1982. Like the Chamber (see
paragraph 71 of the Chamber judgment), it reiterates that a criminal
conviction under sections 23 and 24 of the Law of 29 July 1881 meets the
requirement of foreseeability of the law for the purposes of Article 10 of
the Convention (see, among other authorities, Le Pen v. France (dec.),
no. 18788/09, 20 April 2010; Soulas and Others v. France, no. 15948/03,
§ 29, 10 July 2008; Garaudy v. France (dec.), no. 65831/01, 24 June
2003; and Bonnet v. France (dec.), no. 35364/19, § 32, 25 January 2022).
It does not see any reason to hold otherwise in the present case.
130. With regard more specifically to section 93-3 of Law no. 82-652
of 29 July 1982, it notes that this provision lays down a legal framework
which has developed in three stages (see paragraph 36 above ).
131. The Government submitted in this connection that section 93-3
of Law no. 82-652 of 29 July 1982 provided for two scenarios, depending
on whether or not the statement had undergone “prior fixing” (see
paragraph 103 above). The Court observes that an absence of “prior
fixing” had precisely been the reason for the amendment introduced by
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