Freedom of expression of public officials in light of the jurisprudence of the European Court of Human Rights

Freedom of expression is the one of essential factor of the independent and democratic societies. In fact, it can not be talked about healthy opinions, exchanging information and "free" elections without freedom expression in the true sense of the word. For this reason, freedom of expression is enshrined with Article 10 of the European Convention on Human Rights and Article 26 of the 1982 Turkish Constitution. While everyone has freedom of expression as a rule, this freedom can be restricted for professional groups undertaking certain duties, according to the discretion of states. This situation does not constitute a violation of freedom of expression. The most important reason for this is the maintenance of public order in a broad sense. One of the conditions for ensuring public order is continuity. If stability within the administrative organization cannot be achieved, public order will also be harmed. It is clear that if freedom of expression were applied absolutely to civil servants, the hierarchy inherent in civil service, and thus administrative stability, would be compromised. However, it is also possible for the administration to unlawfully restrict freedom of expression by using its disciplinary authority over civil servants. Hence, on one side lies the freedom of expression of civil servants, and on the other, the quality and continuity of the administrative organization and public services. These two values sometimes conflict. To achieve and protect a balance between both values, the disciplinary legal regime set out in the legislation must be meticulously regulated and implemented. In light of the above explanations, this study first addresses the concept of public officials, then examines freedom of expression and its limitations in light of both the Constitution and the European Convention on Human Rights. Subsequently, the principles that should be applied in disciplinary law are explained.