THE ROLE OF FREEDOM OF EXPRESSION IN APROXIMATION TO

THE EUROPEAN UNION

Katerina Zateva1
ABSTRACT

Freedom of expression is initiated on one of the crucial foundations of a democratic society

and one of the basic conditions for the development of society. It is one of the major challenges facing
countries and main duty of a country is to guarantee free spreading of information, opinions or
thoughts. Providing freedom of expression means well regulated and mature human right system. This
paper will emphasize the importance of creating a strong legal framework in coordination with
European rules. There is no doubt that freedom of expression is essential for creating democratic,
social and political order.
The purpose of this paper is to present the implications of the freedom of expression on an
approximation to the European Union and to present certain obstacles that stand in the way on the
countries readiness and the main goal to determine and solve the barrier for become part of the
European Union.

Key words: freedom of expression, European Union, media, human rights

1 LL.M Katerina Zateva, junior research at Iustinianus Primus Faculty of Law, Ss. Cyril and Methodius
University Skopje, katerina_pf@yahoo.com

1. INTRODUCTION
According to many definitions, human rights are part of every human being in all countries with
making no differences and in equal measure.
Freedom of expression as one of the essential human rights should be analyzed as part of the
range of closely interconnected freedoms. Even this freedom is not unlimited so the main duty of
legislators and public bodies is to establish limits of its moving and make a wider frame with making
relation with other rights in order to complete the whole picture.
Freedom of expression has a crucial central core in countries where the freedom is suppressed or
restricted and its more than necessary to define and respect it from those who create the legislation
and those who execute it. Correctly regulated the right of freedom of expression is indicative of a
mature democracy and respect for that right represent a developed country with the skillful system in
which human rights are respected.
Of particular importance in the process of building of a mature democracy is respect for freedom
of expression, consisted of freedom of having their own opinions and to receive and impart
information and ideas without interference by public authority. The realization of these freedoms,
since it carries with it duties and responsibilities, may have certain restrictions and sanctions provided
by law.
Generally accepted point of view is that a healthy democracy assumes not only the immediate
control of the legislature and judicial authorities, and the public and media that foster the vitality of
public opinion. Freedom to receive information and ideas regarding the right to request, access and
collect information through lawful means possible. Despite of the freedom to the media and journalist
providing information they send, this freedom includes the right of the public to be adequately
informed especially when it comes to matters of public interests.
The duty of journalists to send information and ideas on all matters of public interest in a manner
and in accordance with their duties and responsibilities to the public has a right to receive them.
Otherwise, journalism can not perform its role of public supervisor critic, the guardian of
democracy and progress.
If the mass communications industry does not, in and of itself, have a right to freedom of
expression, but benefit from it insofar as its activities promote such freedom, it follows that those who
spent their professional lives in the employ of the communications media find themselves in an
analogous situation. 2
Having in consideration the actual situation of the countries that step on the road to the European
Union, is crucial to remove all obstacles that stand in the way of freedom of expression and the whole
range of rights that cover this freedom.

2. THE SCOPE OF FREEDOM OF EXPRESSION

Freedom of expression is one of a number of mutually supporting rights (including freedom of
thought, of association and of assembly, and the right to vote) which, taken together, implicitly
recognize the importance, both for a democratic society and for individuals personally, of the ability
2 Zencovich, Vincenzo. "Journalistic Activity." In Freedom of expression: a critical and comparative
analysis. Abingdon, Oxon [England: Routledge-Cavendish, 2008. P.42. (Zencovich, Vincenzo.
Novinarski posao
U slobodu izraavanja: kritikog i komparativnu analizu. Abingdon, Oxon [England: RoutledgeCavendish, 2008. p.42.)
2

to form and express opinions, even where those views are controversial. An individual has the right
and freedom not only to express his or her own thoughts, but also to seek, receive and impart
information and ideas of all kinds. Therefore, when an individuals freedom of expression is
unlawfully restricted, the right of others to receive information and ideas is also violated.
Consequently, there is a dual aspect to freedom of expression. It requires, on the one hand, that no one
be arbitrarily limited or impeded in expressing his own thoughts. In that sense, it is a right that
belongs to each individual. On the other hand, it implies a collective right to receive any information
whatsoever, and to have access to the thoughts expressed by others. In its individual dimension,
freedom of expression goes further than the theoretical recognition of the right to speak or to write. It
also includes, and cannot be separated from. The right to use whatever medium is deemed appropriate
to impart ideas and to have reached as wide an audience as possible. The expression and
dissemination of ideas and information are, therefore, indivisible concepts. In its social dimension,
freedom of expression is a means for the interchange of ideas and information among human beings
and for mass communication. It includes the right of each person to seek to communicate his own
views to others, as well as the right to receive opinions and news from others. These two dimensions
of the right to freedom of expression are guaranteed simultaneously. 3
The right to freedom of expression is the freedom to communicate opinions, information, and
ideas without interference. The primary suggestion of the term freedom is the negative one, the
absence of external interference whether to suppress or to constrain. To be free is essential to be free
from any arbitrary impediment to action, some dominating power or authority. This right is protected
against any form of interference, whatever the source. 4
3. EUROPEAN UNION REGULATION OF THE FREEDOM OF EXPRESSION
4.

3
Jayawickrama, Nihal. "The right to freedom of opinion, expression, and information." In The judicial
application of human rights law national, regional and international jurisprudence. Cambridge:
Cambridge University Press, 2002. p. 665, 666 (Jayawickrama, Nihal. Pravo na slobodu miljenja,
izraavanja i informisanja, Cambridge: Cambridge University Press, 2002. str. 665, 666.)
4
Ibid, p.679
3