16
RUBINS v. LATVIA JUDGMENT
Nenkova-Lalova v. Bulgaria, no. 35745/05, § 60, 11 December 2012). In
applying the above principles to the present case the Government
emphasised that the impugned email had contained personal threats directed
against the Rector and that the applicant had been well aware of the
unlawfulness of the proposals made in the email. Moreover, according to
the Government, the contested email did not fall within the scope of a public
debate, as the applicant had been guided by a personal desire not to lose his
job. The Government stressed that the domestic court and the prosecutor’s
office had come to the same conclusion, namely that the email demonstrated
bad faith on the part of the applicant.
64. The Government also considered the sanction imposed on the
applicant to have been proportionate and pointed out that after his dismissal
the applicant had not been prevented from pursuing his professional
activities both in a professional organisation and in another major
university. Moreover, in 2012 the criminal proceedings initiated against the
applicant had been terminated.
65. The Government also produced a letter in which the University
provided replies to the Government’s questions. It stated, inter alia, that the
University had assessed the question whether a less restrictive measure
could be applied to the applicant and had also examined the employee’s
right to freedom of expression, as attested to by the analysis of the
impugned email carried out by the ethics committee and the ad hoc
investigative committee.
66. Finally, reiterating the arguments employed by the Riga Regional
Court (see paragraph 25 above), and referring to the principle of subsidiarity
reiterated in the Palomo Sánchez judgment, the Government maintained that
the domestic court had thoroughly analysed the evidence brought before it,
thus rendering the sanction proportionate to the legitimate aim of protecting
the reputation and dignity of those against whom the email was directed.
B. The Court’s assessment
1. Whether there was “interference” with the applicant’s rights under
Article 10
67. According to the Court’s case-law, in order to determine whether an
applicant’s right protected under Article 10 of the Convention has been
infringed it must first be ascertained whether the disputed measure
amounted to interference with the exercise of freedom of expression, in the
form, for example, of a “formality, condition, restriction or penalty” (see
Glasenapp v. Germany, 28 August 1986, § 50, Series A no. 104, Kosiek
v. Germany, 28 August 1986, § 36, Series A no. 105).
68. It is clear from the parties’ submissions that the existence of the
interference is in dispute between the parties, as they are not in agreement as
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