Balancing freedom of expression and the right to private life in the European Court of Human Rights - application and interpretation of the key criteria

摘要

Following a strengthening of the protection of private life, the case law concerning freedom of expression and the right to private life has become increasingly difficult to predict. One special feature is that information in photographic form has enjoyed a surprisingly large degree of protection.~(117) Flauss concludes his article by stating that there are distortions and discrepancies 'that are detrimental to the intelligibility and authority of European jurisprudence'. In his opinion, the right to legal certainty is at risk, because different chambers use varying methods of assessment.~(118)