Workshop 4

Freedom of expression

Thursday, 1 June, 10.00 a.m. – 1.00 p.m.

Room JDE 63

Workshop 4: "Freedom of expression" – organised by AEDH and Solidar

Europe and its neighbours have experienced a wave of attacks that have cost the lives of and caused injury to hundreds of men and women in Paris, Brussels, Copenhagen, Ankara, Beirut and Tunis. These acts cannot be excused or justified. Neither can they solely come under the law and justice systems of the countries where they occurred. In this respect, the exceptional measures taken by governments were justified.

In such a situation, the question of respect for human rights is at the heart of the political debate. Can we fight terrorism effectively if we categorically refuse to accept that the rule of law is secondary in any state of emergency?

The use of warlike metaphors is symbolic of the order of values in which the contradiction switches: if legal principles are secondary, a policy - even an illegal one in terms of international conventions - becomes legitimate, essentially rejecting the European Charter of Fundamental Rights.

In Belgium and France as elsewhere, the strategies chosen are seeking legitimacy. The analysis suggests that, beyond the doubts as to the utility or effectiveness of some measures, governments have not properly grasped the complexity of the radicalisation process which leads to terrorist acts, and are sticking to a response which is essentially repressive.

Is the only choice between an illegal but necessary state of emergency, or a state based on the rule of law which is legitimate yet inefficient and powerless? Does safety come at the price of democratic freedoms? Should peoples’ personal freedoms be restricted for the sake of surveillance? Must we accept that certain sections of the population should be targeted because of their real or supposed origin? Must we agree to mass surveillance, particularly electronic surveillance, even if it undermines data protection? What can we do to ensure that the rule of law is respected in a democracy, even in exceptional circumstances?

Raising the issue of the balance between security and freedom amounts to comparing two politically opposed principles.

  • First: either the end justifies the means, or the use of certain means disqualifies the end in itself.
  • Second: either combating terrorism is effective only if there are certain legal guarantees or, on the contrary, the watering down of rights has never been a good way of fighting terrorism more effectively.

The policy of the EU and its Member States on justice, the rule of law and security are therefore to be debated at the2016 Civil Society Days.How can we live together in a state based on the rule of law which offers protection, but above all guarantees the freedoms which are at the heart of democracy, and yet under pressure across Europe?

Panel discussion: How to make sure that the security of citizens will not be at the expense of their freedoms and rights?

  • Introductory remarks by Jean-Pierre Dubois, Professor of constitutional law, Honorary president of the League of Human rights, France

Panel discussion:

  • Juan Antonio Moreno Diaz, EESC member
  • Gabor Schering, Progressive Hungary Foundation
  • Representative of a 'Big Data' activist group