Friday, May 4, 2012

Connolly v. Commission case brief

Connolly v. Commission (Freedom of expression)  
FACTS
-Senior Commission official published book “Rotten Heart of Europe”.
RULES -Freedom of expression may be subject to limitations - limitations must be interpreted restrictively.
Interference with the freedom must be proportionate to the legitimate aim pursued and the reasons adduced by the national authorities to justify it must be relevant and sufficient.  
-Restrictions on the right of freedom of expression can be justified by the legitimate aim of protecting the rights of others.
ISSUE Was the P wronged in losing his job after the publishing of his book? HOLDING Usually, yes, but in this case, he committed a breach of trust in his official capacity. ANALYSIS -Court said P committed a breach in trust which Commission was entitled to expect from its officials and that P made it impossible for an employment relationship to exist.

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