How to complain if you believe that your freedom of expression has been unlawfully restricted?
Any measures or sanctions that restrict your freedom of expression must only be taken if they are:
- provided in law
- necessary to achieve a legitimate aim: the protection of the private life of others
- proportional
If the court or other law enforcement institution has issued restrictions on your freedom of expression which are not based on one of the criteria mentioned above, you have several ways to protect your rights:
Appeal
The unlawful restriction of your freedom of expression may also be related to the court’s mistake in applying the law. For example, in restricting your freedom of expression, the court may fail to assess and take into account the public interest in the information you have made public. In such cases, you may appeal the decision of the court of first instance to a higher court. If the higher court dismisses your appeal, you may submit a complaint to the Supreme Court, the decision of which is final.
If your complaint has been dismissed by the Supreme Court, you may submit a complaint to the European Court of Human Rights.
Constitutional complaint
If the restriction of your freedom of expression is based on law, but you consider that the law itself is contrary to the freedom of expression guaranteed by the Constitution of the Reupublic of Croatia or the European Convention on Human Rights, you may submit a complaint to the Constitutional Court. In your complaint you can request the Court to affirm that the challenged legal norm is unconstitutional.
- If the Constitutional Court initiates proceedings upon your request, the trial in your case is halted until the ruling of the Constitutional Court.
- If the Constitutional Court rules that the law violated your freedom of expression, you may submit a civil claim to a court of general jurisdiction requesting compensation.
- If the Constitutional Court rejects your application or confirms that the challenged legal norm does not violate your freedom of expression, you may submit a complaint to the European Court of Human Rights.