Freedom of expression is one of the fundamental political freedoms and can be restricted in only very specific circumstances when some other rights, freedom or security of State, are at risk. Judges as holders of judicial power are also entitled to freedom of expression, although in specific context and in line with principles which govern judges’ independence, impartiality, dignity and diligence.

Striking the delicate balance between the judges' rights and responsibilities for participating in public life is often a challenge, including in modern democratic societies. Namely, the exercise of freedom of expression may also lead to a requirement to recuse, and therefore, judges should restrain from any behaviour that may undermine judicial independence and impartiality or may be perceived as doing so.

Bearing in mind the importance of this topic and the challenges that judges may face when exercising their freedom of expression, the Guidelines were developed under the action “Accountability and professionalism of the judicial system in Montenegro” and formally adopted by the Ethical Commission for Judges. In this manner, the Guidelines have become incorporated into the official Commission's policy and approach to cases concerning freedom of expression of judges.

The action “Accountability and professionalism of the judicial system in Montenegro” is part of the joint EU and Council of Europe programme "Horizontal Facility for the Western Balkans and Turkey 2019 - 2022".

 Guidelines for freedom of expression of judges

 English version 

 Montenegrin version