A new setback for Interior
The policeman, Albert Donaire, recognized pro-independence, has won a new victory in the courts. On this occasion, he won a lawsuit against the Department of the Interior. The head of the Court of Administrative Disputes number 1 of Barcelona, Montserrat Fernàndez, has annulled the sanction imposed by the Director General of the Police, Pere Ferrer, for some tweets critical of the action of the chief prosecutor of Girona.
A decision based on jurisprudence
The judge has issued a seven-page ruling in which she argues that Donaire’s tweets were not related to his duties as a constable and that they had not affected his impartiality and neutrality. In addition, the judge cited case law and highlighted the limits of the right to freedom of expression, especially when it comes to public officials.
A victory for freedom of expression
This court decision is a new setback for the Department of the Interior and a victory for freedom of expression. The judge emphasized that public officials have the right to express their political opinions, as long as these do not affect their duty of impartiality and neutrality. This demonstrates the importance of maintaining discretion and restraint in the exercise of public functions.
A sentence that can be appealed
It should be noted that this sentence can still be appealed. Nevertheless, it represents an important step in the defense of the freedom of expression of public officials and highlights the importance of jurisprudence in these cases.
