RUBINS v. LATVIA JUDGMENT
15
principles of ethics and breached the University’s staff regulations and the
provisions of the Labour Law. Therefore the content of the email written by
the applicant – an incitement to perform illegal activities – did not enjoy the
protection afforded by Article 10 of the Convention. Moreover, the
Government asserted that the applicant had failed to substantiate which
prior public remarks had formed the alleged basis for his dismissal, and
pointed out that the Rector had not made any statements to the effect that
the applicant should be dismissed from the University because of his
criticism towards it.
60. Accordingly, the Government contended that there had been no
interference with the applicant’s rights under Article 10. Nevertheless,
should the Court consider that there had been interference with the
applicant’s rights protected by Article 10, the Government alleged that it
had been prescribed by law, had pursued a legitimate aim and had been
necessary.
(b) Whether the interference was prescribed by law and pursued a legitimate
aim
61. The Government contended that the alleged interference – the
applicant’s dismissal – was based on section 101(1) and (3), which allowed
the termination of employment relationships in the event of grave and
unjustified breaches of an employment contract or staff regulations or if the
employee, when performing his or her duties at work, acted contrary to
good morals. Similarly, the Government argued that the interference had
pursued the legitimate aim of protecting the reputation or rights of others
within the meaning of Article 10.
(c) Whether the interference was necessary
62. Relying on the Court’s case-law the Government observed that the
Court must examine the question of necessity essentially from the
standpoint of the relevance and sufficiency of the reasons provided by the
domestic courts. In doing so the Court might be required to take into
account whether the domestic courts had struck the requisite balance
between, on the one hand, freedom of expression and, on the other hand, the
right of others to respect for their private life, and that a distinction must be
made between criticism and insult.
63. The Government referred to the protection afforded to employees
under section 9 of the Labour Law and subscribed to the principle that the
applicant, as a professor, was entitled to express his criticism and present
his opinion to the university’s management. At the same time employees
were expected to act in good faith and had a duty of loyalty and discretion
towards their employers (see Heinisch v. Germany, no. 28274/08, § 64,
ECHR 2011 (extracts)), and national authorities could be justified in
insisting that employment relations should be based on mutual trust (see
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