Cristi Danileț has won the case against Romania at the ECHR regarding freedom of expression.
The former judge was sanctioned in 2019 by the SCM (led at the time by the famous Lia Savonea) for two Facebook posts.
The European Court of Human Rights thus upheld the favorable solution initially pronounced in February 2024 in favor of the applicant.
The Grand Chamber Decision comes after the Romanian Government requested a rehearing of the ruling in which the Court found that the Romanian state violated Article 10 of the European Convention on Human Rights, regarding freedom of expression, by disciplining the magistrate for some Facebook posts.
The Grand Chamber rejected the Government's arguments and confirmed that the sanction imposed on Cristi Danileț was disproportionate.
The decision pronounced today is final and has mandatory status for all 46 member states of the Council of Europe, including Romania.
The Court established that, although magistrates are subject to a general duty of reserve, they have the right to express themselves publicly, including on social networks, on issues of general interest, such as the functioning of justice and the rule of law.
The case was examined by the Grand Chamber following an exceptional procedure reserved for cases raising major legal issues.
The hearing took place on December 18, 2024, in Strasbourg, with Cristi Danileț being present and assisted by lawyers Nicoleta Popescu and Mihaela Ghirca-Bogdan.
During the session, oral pleadings were held, a rare procedure before the ECHR, with the debates being followed by judges and law students from several European countries.
"This case is not about one person, but about the limits within which a magistrate can speak when the rule of law is under pressure. It is a discussion about the standards of freedom of expression in the public space, important for all magistrates," said lawyer Nicoleta Popescu, who represented Cristi Danileț.
Similarly, lawyer Mihaela Ghirca-Bogdan emphasized the essential conclusions of the Court: "The duty of reserve exists, but it cannot be transformed into a general prohibition to speak, especially when fundamental values of democracy are at stake."
In its reasoning, the Grand Chamber also drew attention to the risk of self-censorship ("chilling effect"), showing that even disciplinary sanctions considered minor can discourage magistrates from participating in legitimate public debates.
Cristi Danileț welcomed the decision and emphasized its importance beyond the personal case: "Asking magistrates to remain silent when discussing the rule of law is a dangerous recipe for democracy. I thank my lawyers for their work and all those who supported me for their courage. This decision is important for all magistrates in Romania and in the Council of Europe member states."
The former judge specified that he did not request moral damages from the Romanian state: "I did not consider it appropriate for citizens to bear the burden of paying damages from public funds. The stake of this case is the balance between judicial independence and freedom of expression, in a context where magistrates are and must be important voices in debates about the rule of law."
Chronology of the Danileţ case
- 2017–2018 – Period of major tension regarding judicial independence, against the backdrop of changes in judicial laws and magistrate protests.
- 2019 – Cristi Danileț is disciplined for two posts published on Facebook: one regarding the functioning of justice and a complimentary comment about a prosecutor who publicly addressed issues within the system; one on a general interest topic, unrelated to a judicial act – the appointment of the Chief of the Army Staff.
- The disciplinary investigation is part of a set of 7 disciplinary investigations initiated against Cristi Danileț within a span of only 3 years.
- 2019 – The Judicial Inspection investigates him and orders disciplinary action for violating art. 99 lit.a of Law no.303/2004 and notifies the SCM.
- 2019 – The Judges' Section (the disciplinary panel within the SCM, 6 judges in favor and 3 against) applies the disciplinary sanction consisting of "reducing the monthly gross entry allowance by 5% for a period of 2 months."
- 2020 – The High Court of Cassation and Justice upholds the sanction imposed on Cristi Danileț.
- 2021 – Cristi Danileț brings the case before the European Court of Human Rights, invoking the violation of freedom of expression (Art. 10 ECHR) and Art. 8 regarding the right to private life.
- February 20, 2024 – A Chamber of the ECHR, composed of 7 judges, delivers the ruling in the case Danileț v. Romania and finds a violation of Art. 10 of the Convention. The Court does not find a violation of Art. 8 regarding the right to private life.
- 2024 – The Romanian Government requests the referral of the case to the Grand Chamber, challenging the decision from February 2024.
- December 18, 2024 – The public hearing takes place before the Grand Chamber of the ECHR, in Strasbourg, in front of a panel of 17 judges.
- December 15, 2025 – The Grand Chamber of the European Court of Human Rights delivers the final ruling, maintaining the 2024 decision and confirming the violation of freedom of expression of the magistrate Cristi Danileț.
The Danileț v. Romania case is considered a key moment in the ECHR jurisprudence regarding the freedom of expression of magistrates and comes at a time when several Romanian magistrates criticize the justice system.