The expression “Nazi or similar symbols up to confusion” does not meet the clarity conditions of the law. On November 23, the Constitutional Court passed its decision on the constitutionality of provisions of the Law on the Counteracting of Extremist Activities following a challenge filed by MP Stefan Creanga, IPN reports.
Listening to the arguments of the sides and examining the challenge, the Court held that Article 32 of the Constitution guarantees the freedom of thought and the freedom of opinion and expression in public by word, image or other possible means. The freedom of expression is not an absolute right and is susceptible to restrains that are to be stipulated by the law. Under the law, the propagation and display of Nazi symbols or similar symbols, up to confusion, are considered extremist activities.
The Court ascertained the lack of a clear legal definition of the Nazi symbols. Both Article 23 of the Constitution and the European Court of Human Rights, by its case law, provide that the norms adopted by the public authorities should be accessible, clear and predictable enough. According to the case law of the ECHR, a norm is accessible and predictable only when it is edited with sufficient clarification so that it allows anyone to correct the behavior and to be able to foresee, with appropriate counseling, the consequences that can derive from a norm.
The Court noted that in the absence of an accurate list or notions that define the Nazi symbols and signs, the legal provisions are unclear and imprecise and do not allow the people to realize which of the symbols are banned and which are similar to the Nazi ones and give too much discretion to the courts of law in terms of their implementation.
Thus, the Constitutional Court pointed to the existence of court decisions with diametrically opposed interpretations of the provisions of the Law on the Counteracting of Extremist Activities. The absence of clarity as to the Nazi symbols or similar symbols represents a constraint on the freedom of expression and this is against the Constitution.
