The European Court of Human Rights (ECHR) condemned Romania for violating the freedom of expression of former judge Cristi Danilec. The decision, published on Tuesday, comes in the context of Danylets being sanctioned by the Higher Council of Magistracy (CSM) three years ago for posting on Facebook.

Christy Danilec posted the ECtHR’s decision on Facebook, where he thanked those who supported him in this endeavour.

• “Today, the ECtHR condemned Romania for violating my freedom of speech.

• Three years ago, the CSM decided to sanction me for a Facebook post expressing my concern about the way a politician appoints the Army Chief of Staff.

• I was represented by lawyer Nicoleta Popescu, and the association of the Forum of Judges of Romania intervened in the process. I am very grateful for their efforts and professionalism,” Danilets wrote on Facebook.

How much should the Romanian state pay Cristi Danilec for court costs

The decision of the ECtHR states that the decision was adopted by four votes “for” and three against. The judges ruled that there had been a violation of Article 10 of the Convention.

At the same time, it was established that “the respondent State must pay the applicant into the bank account of its representative within three months from the date when the decision becomes final in accordance with Article 44 § 2 of the Convention, EUR 5,232 (five thousand two hundred and thirty-two EUR), plus any amount which the claimant may owe as tax, costs and expenses, which shall be converted into the currency of the respondent State at the rate of exchange prevailing on the date of settlement,” according to the judgment.

Three court cases won by Danilec with CSM

In April 2023, Christi Danilec won at the High Court of Cassation and Justice CSM’s third trial against his removal from the judiciary and returned to his position as a judge in the Cluj court. According to this decision, Danilets was supposed to receive the owed salary from December 2021, that is, the date when he was removed from office.

Previously, Danylets won two more court cases against the Central Committee of the Russian Federation with the same goal of preventing him from going to court. Thus, in February 2023, the Supreme Court annulled the decision of the Supreme Court of Ukraine from May 2022, by which Danilts was excluded from judicial power due to the fact that he carried out political activities through two public organizations.

In particular, Danilets was sanctioned because he was a member of two non-governmental organizations that published critical communiqués against the government.

Christy Danilec was also expelled from the CSM Master’s in December 2021 for the manifestations he allegedly had on several social networks. It is about two posts on the TikTok social network, which, according to Danilets, are not about justice, but about private life.

And in this case, Danilets challenged the CSM’s decision in court, winning the case. The members of the CSM who expelled Danilec from the magistracy have meanwhile completed their terms, and the head of the judicial inspection, the institution that drew up the sanctions protocols, has also left the system.

Christy Danilec retired at the age of 48

The Judicial Section of the Supreme Council of Magistrates (CSM) decided in January of this year that Judge Kristi Danilec (48 years old) could resign as he requested.

Read also:

• Judge Christy Danilec, green light from CSM to retire at age 48 / 16 magistrate resignation requests approved in one meeting

• Christy Danilec announces that he has won his third lawsuit against CSM and is returning to the judiciary