Title PhD
Free speech or loyalty under pressure? Reconciling freedom of expression with deontological obligations for Belgian ministerial advisers, judges, and members of parliament.
Research fields/disciplines
Labour law - Administrative law - Human rights law
Abstract
In an era of mounting pressure on liberal democracies, safeguarding the balance between legislative, executive and judicial powers is paramount. The PhD research therefore focuses on three key figures within this system: members of parliament, ministerial advisers, and judges. These individuals often find themselves torn between speaking out on important issues and remaining cautious out of loyalty to the institutions. Currently, the rules governing their freedom of expression are fragmented and unclear. This can have harmful consequences: some remain silent for fear of reprisals, while others feel compelled to moderate their views or provide unquestioning support to their employer. This creates legal uncertainty and can undermine the system of checks and balances.
This research addresses this issue by, first, analysing legislation and case law to define the limits of their freedom of expression. Then, through surveys and interviews, I examine how these individuals experience this tension. Based on these insights, I will first develop a typology, followed by a clear theoretical model and a practical tool that clarifies when freedom of expression is protected and when restrictions are justified. In summary, this research will develop a concrete framework that protects the human rights of individuals serving the State, while strengthening the integrity and independence of democratic institutions.