SECOND SECTION
\nCASE OF KULA v. TURKEY
\n(Application no. 20233\/06)<\/p>\n
JUDGMENT
\nSTRASBOURG
\n19 June 2018<\/p>\n
FINAL
\n19\/09\/2018<\/p>\n
This judgment has become final under Article 44 \u00a7 2 of the Convention. It may be subject to editorial revision.<\/p>\n
In the case of Kula v. Turkey,<\/strong><\/p>\n The European Court of Human Rights (Second Section), sitting as a Chamber composed of:<\/p>\n Robert Spano, President, Having deliberated in private on 29 May 2018,<\/p>\n Delivers the following judgment, which was adopted on that date:<\/p>\n PROCEDURE<\/strong><\/p>\n 1.\u00a0\u00a0The case originated in an application (no. 20233\/06) against the Republic of Turkey lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) by a Turkish national, Mr Onur Bilge Kula (\u201cthe applicant\u201d), on 24 April 2006.<\/p>\n 2.\u00a0\u00a0The applicant was represented by Mr F. Sar\u0131aslan, a lawyer practising in Ankara. The Turkish Government (\u201cthe Government\u201d) were represented by their Agent.<\/p>\n 3.\u00a0\u00a0The applicant complained, in particular, of a breach of his right to freedom of expression on account of the disciplinary sanction imposed on him for taking part in a television programme outside his city of residence.<\/p>\n 4.\u00a0\u00a0On 21 October 2009 the Government were given notice of the application.<\/p>\n THE FACTS<\/strong><\/p>\n I.\u00a0\u00a0THE CIRCUMSTANCES OF THE CASE<\/p>\n 5.\u00a0\u00a0The applicant was born in 1954 and lives in Ankara.At the relevant time he was a professor of translation in the Faculty of Science and Literature of the University of Mersin (\u201cthe faculty\u201d). He specialised in the German language.<\/p>\n 6.\u00a0\u00a0On an unspecified date the applicant was invited to Istanbul to take part in a television programme that was due to be broadcast live on a public channel on Saturday 31 March 2001. The programme consisted of a debate on the topic of \u201cThe cultural structure of the European Union and the traditional structure of Turkey \u2013 Comparing identities and modes of behaviour \u2013 Likely problems and suggested solutions\u201d.<\/p>\n 7.\u00a0\u00a0On 27 March 2001 the applicant informed the director of the translation course that he had been invited to take part in the above-mentioned programme.<\/p>\n 8.\u00a0\u00a0On the same day the course director wrote to the dean of the faculty informing him that the applicant had been invited to take part in a television programme. In his letter he also expressed doubts as to whether there was a link between the applicant\u2019s specialist field and the subject of the programme and whether the applicant\u2019s invitation to take part in a personal capacity was in keeping with the university\u2019s principles.<\/p>\n 9.\u00a0\u00a0On 30 March 2001 the dean of the faculty informed the director of the translation course that it had been decided that the applicant\u2019s participation in the programme in question was not appropriate. The applicant was informed of the dean\u2019s decision the same day.<\/p>\n 10.\u00a0\u00a0On 31 March 2001 the applicant nevertheless took part in the programme in Istanbul.<\/p>\n 11.\u00a0\u00a0In letters dated 2 and 5 April 2001 to the dean of the faculty, the applicant asked why his participation in the broadcast of 31 March 2001 had not been considered appropriate in spite of his past work on the subject covered by the programme. He added that it would have harmed his professional standing and reputation for reliability if he had withdrawn from the programme at short notice when he had already agreed to take part. He also maintained that he had been entitled to take part in the event, citing his academic freedom in that regard.<\/p>\n 12.\u00a0\u00a0In a letter to the applicant dated 9 April 2001 the dean of the faculty replied that the applicant had not been entitled to take part in the event without the authorities\u2019 permission. He added that the director of the translation course had expressed misgivings as to whether the applicant was sufficiently familiar with the topic of the programme of 31 March 2001, and that the view of the course director had been taken into account in the decision to refuse authorisation.<\/p>\n 13.\u00a0\u00a0On Saturday 14 April 2001 the applicant took part in another programmein the same series, following an international conference held in Istanbul from 11 to 13 April 2001 which the dean of the faculty had authorised him to attend.<\/p>\n 14.\u00a0\u00a0On 27 April 2001 a disciplinary inquiry was opened concerning the applicant on the grounds that he had twice taken part in the programme in Istanbul without the university\u2019s authorisation.<\/p>\n 15.\u00a0\u00a0On 26 June 2001 the commission of inquiry published its report. It noted at the outset that the applicant had been authorised to take part in events outside his city of residence on twelve occasions during the 2000\/01 academic year, but that his request for authorisation concerning the programme of 31 March 2001 had been refused in view of the opinion of the course director, who considered that the topic of the programme was not directly linked to the applicant\u2019s specialist field. As to the applicant\u2019s participation in the broadcast of 14 April 2001, the commission noted that the dean of the faculty had authorised the applicant to attend an academic gathering to be held from 11 to 13 April 2001 in Istanbul, and that this authorisation had not covered 14 April 2001. The commission considered in that regard that not even researchprofessorsshouldtake part in programmes of this type without supervision or authorisation, and that universities had to uphold academic ethics. It went on to find that the applicant\u2019s participation in twotelevision programmes in Istanbul on 31 March and 14 April 2001, without authorisation from his university, amounted to leaving his city of residence without authorisation, an offence punishable under regulation 8(g) of the disciplinary regulations for managers, lecturers and officials in higher education institutions (\u201cthe disciplinary regulations\u201d). It therefore proposed, by way of a penalty, that the applicant\u2019s salary be reduced by one-eighth, under regulation 4(d) of the above-mentioned regulations.<\/p>\n 16.\u00a0\u00a0On 2 July 2001 the dean of the faculty decided to reduce the applicant\u2019s salary by one-eighth for leaving his city of residence without authorisation, an offence punishable under regulation 8(g) of the disciplinary regulations.<\/p>\n 17.\u00a0\u00a0On 20 July 2001 the applicant applied to the University Vice\u2011Chancellor for reconsideration of that decision and requested that the sanction be lifted.<\/p>\n 18.\u00a0\u00a0On 8 August 2001 the Vice-Chancellor decided to lift the sanction of a reduction in salary and to impose a less severe penalty on the applicant, in the form of a reprimand under regulation 16 of the disciplinary regulations.<\/p>\n 19.\u00a0\u00a0On 25 October 2001 the applicant applied for judicial review of that decision. He referred to his academic freedom, which he claimed was provided for in the Constitution, as justification for his participation in the television programme in question, pointing out that the programme had been broadcast on a public-service channel. He also argued that regulation 8(g) of the disciplinary regulations was liable to be wrongfully applied by managers and that the perimeter of a city no longer had the same significance in view of modern means of transport and communication. Lastly, he argued that the programme of 14 April 2001 had been a follow-up to the conference of 11 to 13 April 2001, which he had been authorised to attend, and that the people invited to appear on the programme had been participants in the conference.<\/p>\n 20.\u00a0\u00a0On 29 May 2002 the Adana Administrative Court (\u201cthe Administrative Court\u201d) dismissed the applicant\u2019s application, finding that the decision to penalise him had not been unlawful. The court noted in that regard that it was beyond dispute that, on 31 March 2001, the applicant had left his city of residence despite the refusal of his request to take part in the television programme in question. The court considered that the applicant\u2019s remaining arguments gave no reason to suppose that the decision to impose a sanction had been defective.<\/p>\n 21.\u00a0\u00a0On 8 August 2002 the applicant lodged an appeal on points of law. He complained, in particular, that the Administrative Court\u2019s examination of his claims had been inadequate.<\/p>\n 22.\u00a0\u00a0On 31 October 2005 the Supreme Administrative Court dismissed the appeal and upheld the Administrative Court\u2019s judgment. It found that the reasoning of the decision had been in conformity with the procedure and the law and that there were no grounds for quashing the decision.<\/p>\n II.\u00a0\u00a0RELEVANT DOMESTIC LAW AND RECOMMENDATION OF THE PARLIAMENTARY ASSEMBLY OF THE COUNCIL OF EUROPE<\/p>\n A.\u00a0\u00a0Additional section 20of the Civil Servants Act (Law no. 657)<\/strong><\/p>\n 23.\u00a0\u00a0Additional section 20 of the Civil Servants Act (Law no. 657 of 14\u00a0July 1965), entitled \u201cResidence requirement\u201d read as follows, prior to its repeal by Law no. 6111 of 13 February 2011:<\/p>\n \u201c…<\/p>\n Civil servants may not leave the perimeter of their town or city of residence on non-working days without the authorisation of their supervisors.\u201d<\/p>\n B.\u00a0\u00a0Section 7 of theAdministrative Dispute Proceedings Act (Law no.\u00a02577)<\/strong><\/p>\n 24.\u00a0\u00a0Section 7 of the Administrative Dispute Proceedings Act (Law no.\u00a02577 of 6 January 1982), entitled\u201cTime-limits for bringing actions\u201d, reads as follows:<\/p>\n \u201c…<\/p>\n 4.\u00a0\u00a0… Where a [regulatory] act is applied, the persons concerned may lodge an appeal against the regulatory act, the individual decision taken, or both. The fact that the regulatory act is not set aside shall not prevent the setting-aside of the individual decision [adopted on the basis of that act].\u201d<\/p>\n C.\u00a0\u00a0Regulation 4 of the disciplinary regulations for managers, lecturers and officials in higher education institutions<\/strong><\/p>\n 25.\u00a0\u00a0Regulation 4 of the disciplinary regulations for managers, lecturers and officials in higher education institutions, published in the Official Gazette on 21 August 1982, reads as follows:<\/p>\n \u201cDisciplinary sanctions<\/p>\n Regulation 4.\u00a0\u00a0The following disciplinary sanctions shall apply:<\/p>\n …<\/p>\n (b) Reprimand: written notification of professional or personal misconduct;<\/p>\n …<\/p>\n (d) Reduction in salary: reduction in gross salary of betweenone-thirtiethand one-eighth;<\/p>\n …\u201d<\/p>\n 26.\u00a0\u00a0Regulation 8(g)of the same regulations, prior to its repeal on 29\u00a0January 2014, read as follows:<\/p>\n \u201cReduction in salary<\/p>\n Regulation 8.\u00a0\u00a0The following acts and situations shall give rise to a reduction in salary:<\/p>\n …<\/p>\n (g) leaving the perimeter of one\u2019s city or town of residence without authorisation.\u201d<\/p>\n 27.\u00a0\u00a0Regulation 16 reads as follows:<\/p>\n \u201c[Where it is decided to] impose a sanction on a manager, lecturer or official … who [has provided good] service and had a good or very good [appraisal] in the past, a less severe sanction may be applied.\u201d<\/p>\n D.\u00a0\u00a0Recommendation 1762(2006) of the Parliamentary Assembly of the Council of Europe: \u201cAcademic freedom and university autonomy\u201d<\/strong><\/p>\n 28.\u00a0\u00a0The relevant parts of Recommendation 1762 (2006) of the Parliamentary Assembly of the Council of Europeon protecting academic freedom of expression read as follows:<\/p>\n \u201c…<\/p>\n 4.\u00a0\u00a0In accordance with the Magna Charta Universitatum, the Assembly reaffirms the right to academic freedom and university autonomy which comprises the following principles:<\/p>\n 4.1. academic freedom in research and in training should guarantee freedom of expression and of action, freedom to disseminate information and freedom to conduct research and distribute knowledge and truth without restriction;<\/p>\n 4.2. the institutional autonomy of universities should be a manifestation of an independent commitment to the traditional and still essential cultural and social mission of the university, in terms of intellectually beneficial policy, good governance and efficient management;<\/p>\n 4.3. history has proven that violations of academic freedom and university autonomy have always resulted in intellectual relapse, and consequently in social and economic stagnation;<\/p>\n …<\/p>\n 6.\u00a0\u00a0With the advent of the knowledge society, it has become obvious that a new contract has to be reached between university and society to reflect and recognise new developments. In such an understanding, the social and cultural responsibility and accountability of universities to the public and to their mission are to be considered as the unavoidable other side of academic liberties.\u201d<\/p>\n THE LAW<\/strong><\/p>\n I.\u00a0\u00a0ALLEGED VIOLATION OF ARTICLE 10 OF THE CONVENTION<\/p>\n 29.\u00a0\u00a0Relying on Articles 9 and 10 of the Convention, the applicant alleged that the reprimand issued to him for taking part in a television programme outside his city of residence infringed his freedom of thought and expression and, in particular, his academic freedom. Without relying on any Article of the Convention, the applicant further submitted that the sanction in question had breached the principle of respect for his private life, since a large number of his relationships with the outside world were formed in a professional context.<\/p>\n 30.\u00a0\u00a0The Court considers that, in view of the manner in which the applicant\u2019s complaints are framed, the main issue which they raise is the interference with his right as an academic to freedom of expression. Since it is master of the characterisation to be given in law to the facts of the case, it therefore considers that the applicant\u2019s complaints should be examined from the standpoint of Article 10 of the Convention alone. Article 10 provides:<\/p>\n \u201c1.\u00a0\u00a0Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.<\/p>\n 2.\u00a0\u00a0The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.\u201d<\/p>\n A.\u00a0\u00a0Admissibility<\/strong><\/p>\n 31.\u00a0\u00a0The Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 \u00a7 3 (a) of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.<\/p>\n B.\u00a0\u00a0Merits<\/strong><\/p>\n 1.\u00a0\u00a0The parties\u2019 submissions<\/em><\/p>\n (a)\u00a0\u00a0The applicant<\/p>\n 32.\u00a0\u00a0The applicant contended that the sanction imposed on him had infringed his academic freedom, which in his view was inseparable from his freedom of expression.<\/p>\n (b)\u00a0\u00a0The Government<\/p>\n 33.\u00a0\u00a0The Government submitted that in the instant case the authorities had given the applicant permission on twelve occasions to take part in events outside his city of residence. The applicant\u2019s request for authorisation concerning the broadcast of 31 March 2001 had been refused owing to the lack of a link between his specialist field and the subject of the broadcast. A disciplinary inquiry had been instituted concerning the applicant following his participation in a second programme in the series on 14 April 2001, for which he had not even sought authorisation.<\/p>\n 34.\u00a0\u00a0The Government alleged that the disciplinary sanction had been imposed on the applicant because he had left his city of residence without the authorities\u2019 permission. The sanction was not connected to the applicant\u2019s views or any remarks he might have made during the programme in question, or to his freedom of expression. The applicant could have conveyed the opinions which he had expressed during the programme through an article or a statement.<\/p>\n 35.\u00a0\u00a0The Government further contended that the requirement for civil servants to obtain authorisation from their supervisors before leaving their city of residence was designed to ensure the smooth functioning of the public service; in practice, it was a purely formal requirement. Civil servants had duties and responsibilities and the applicant, on entering the public service, had accepted the statutory provisions concerning civil servants.<\/p>\n 2.\u00a0\u00a0The Court\u2019s assessment<\/em><\/p>\n (a)\u00a0\u00a0Whether there was interference<\/p>\n 36.\u00a0\u00a0The Court notes that in the instant case a disciplinary sanction, in the form of a reprimand, was imposed on the applicant for leaving the perimeter of his city of residence without the authorisation of his supervisors. It observes that he left his city of residence in order to take part in a television programme to which he had been invited. He requested authorisation from his supervisors to participate in the programme of 31 March 2001, and the dean of the faculty refused his request after receiving the opinion of the director of the translation course, according to which the subject of the programme did not correspond to the applicant\u2019s specialist field (see paragraphs 8, 9 and 12 above). The Court notes that, with regard to his participation in the programme of 14 April 2001, the applicant alleged that the programme in question had been a follow-up to an academic gathering held in Istanbul from 11 to 13 April 2001, which he had attended with his supervisors\u2019 approval (see paragraph 19 above). It also notes that the report of the commission in charge of the disciplinary inquiry concerning the applicant, in addressing the issue of the refusal of the applicant\u2019s request for authorisation regarding the broadcast of 31 March 2001, referred to the opinion of the course director and also stressed the need to supervise the participation of research lecturers in programmes of that type (see paragraph 15 above).<\/p>\n 37.\u00a0\u00a0In view of the foregoing considerations the Court observes that, although the authorities imposed a sanction on the applicant for leaving his city of residence without his mangers\u2019 authorisation, the sanction in question actually stemmed from his participation in a television programme that had not been approved by his supervisors. It is clear from the decisions of the university authorities that the sanction imposed arose essentially from the original refusal by the dean of the faculty of the applicant\u2019s request for authorisation to take part in the programme of 31 March 2001. The request which the applicant submitted to his supervisorsdid not concern authorisation to leave his city of residence, but rather authorisation to take part in the television programme, which was taking place in a different city. Furthermore, the authorities considered the applicant\u2019s request for authorisation from the angle of his participation in the broadcast in question rather than the angle of his leaving his city of residence. The Court notes in that connection that the applicant\u2019s request for authorisation to participate in the programme of 31 March 2001 was refused because his supervisors considered his participation to be inappropriate. It also observes that, in the context of the disciplinary inquiry against the applicant, the authorities appear to have considered whether his participation in the broadcasts of 31\u00a0March and 14 April 2001 had been appropriate.<\/p>\n 38.\u00a0\u00a0Reiterating that Article 10 of the Convention also protects the form in which ideas are conveyed (see Thoma v. Luxembourg, no.\u00a038432\/97, \u00a7\u00a045, ECHR 2001-III), the Court considers that the present application relates essentially to the exercise by the applicant of his right to freely express his views as an academic during a television programme organised outside his city of residence. In the Court\u2019s view, this issue unquestionably concerns his academic freedom, which should guarantee freedom of expression and of action, freedom to disseminate information and freedom to \u201cconduct research and distribute knowledge and truth without restriction\u201d (see Sorgu\u00e7 v. Turkey, no. 17089\/03, \u00a7 35, 23 June 2009, andLombardi Vallauri v. Italy, no. 39128\/05, \u00a7 43, 20 October 2009; see also Recommendation 1762(2006) of the Parliamentary Assembly of the Council of Europe (paragraph 28 above).<\/p>\n 39.\u00a0\u00a0The Court thus considers that, however minimal the sanction (a reprimand) imposed on the applicant for taking part in a television programme outside his city of residence without the authorisation of his supervisors, it was liable to have an impact on the exercise of his freedom of expression and even to have a chilling effect in that regard.<\/p>\n 40.\u00a0\u00a0Consequently, it considers that the impugned measure amounted to interference with the applicant\u2019s right to freedom of expression.<\/p>\n (b)\u00a0\u00a0Whether the interference was justified<\/p>\n 41.\u00a0\u00a0Such interference will constitute a violation of Article 10 of the Convention unless it is\u201cprescribed by law\u201d, pursues one or more legitimate aims for the purposes of Article 10 \u00a7 2 and can be regarded as\u201cnecessary in a democratic society\u201d.<\/p>\n (i)\u00a0\u201cPrescribed by law\u201d<\/p>\n 42.\u00a0\u00a0The Court observes that it is common ground between the parties that the interference complained of was prescribed by law, namely by regulations 8(g) and 16 of the disciplinary regulations for managers, lecturers and officials in higher education institutions (see paragraphs 26 and 27 above).<\/p>\n (ii)\u00a0\u00a0Legitimate aim<\/p>\n 43.\u00a0\u00a0The Court notes that the Government did not specify the legitimate aim pursued by the impugned measure. It considers that a regulatory provision concerning unauthorised travel by civil servants outside the perimeter of their city of residence could pursue the legitimate aim of preventing disorder. Nevertheless, in view of its conclusion as to the necessity of the interference (see paragraph 52 below), the Court considers it unnecessary to address this issue.<\/p>\n (iii)\u00a0\u00a0\u201cNecessary in a democratic society\u201d<\/p>\n (\u03b1)\u00a0\u00a0General principles<\/p>\n 44.\u00a0\u00a0The Court refers to the principles arising out of its case-law on freedom of expression as summarised, in particular, in its judgment inB\u00e9dat v. Switzerland([GC], no. 56925\/08, \u00a7 48, 29 March 2016).<\/p>\n 45.\u00a0\u00a0It reiterates in particular that its task, in exercising its supervisory jurisdiction, is not to take the place of the competent national authorities but rather to review under Article 10 the decisions they delivered pursuant to their power of appreciation. This does not mean that the supervision is limited to ascertaining whether the respondent State exercised its discretion reasonably, carefully and in good faith; what the Court has to do is to look at the interference complained of in the light of the case as a whole and determine whether it was \u201cproportionate to the legitimate aim pursued\u201d and whether the reasons adduced by the national authorities to justify it are \u201crelevant and sufficient\u201d. In doing so, the Court has to satisfy itself that the national authorities applied standards which were in conformity with the principles embodied in Article 10 and, moreover, that they relied on an acceptable assessment of the relevant facts\u00a0 (see B\u00e9dat, cited above, \u00a7 48).<\/p>\n 46.\u00a0\u00a0The Court further reiterates that the fairness of proceedings and the procedural guarantees afforded to the applicant are factors to be taken into account when assessing the proportionality of an interference with the freedom of expression guaranteed by Article 10 (see Baka v. Hungary[GC], no. 20261\/12, \u00a7 161, 23 June 2016, and the case-law cited therein). The Court has already found that the absence of an effective judicial review may support the finding of a violation of Article 10 (see, in particular, Lombardi Vallauri, cited above, \u00a7\u00a7\u00a045\u201156; see also, with regard to academic freedom, Mustafa Erdo\u011fanand Others v. Turkey,nos. 346\/04 and 39779\/04, \u00a7 40, 27\u00a0May 2014). As it has found previously in the context of Article 10, \u201cthe quality of the … judicial review of the necessity of the measure is of particular importance in this respect, including to the operation of the relevant margin of appreciation\u201d (see Animal Defenders International v. the United Kingdom [GC], no. 48876\/08, \u00a7 108, ECHR 2013 (extracts)).<\/p>\n (\u03b2)\u00a0\u00a0Application of these principles in the present case<\/p>\n 47.\u00a0\u00a0The Court observes that the present case concerns not only an ex post facto disciplinary sanction imposed on the applicant for unauthorised participation in a television programme outside his city of residence, but also a prior restriction in the form of a refusal of authorisation to take part in the programme of 31 March 2001, which gave rise to that sanction.It reiterates that, in the sphere of freedom of expression, the Contracting States\u2019 margin of appreciation goes hand in hand with European supervision, which must be particularly strict because of the importance \u2013 frequently stressed by the Court \u2013 of the freedom in question. The necessity for any restriction must therefore be convincingly established\u00a0(see Informationsverein Lentia and Others v. Austria, 24 November 1993, \u00a7 35, Series A no. 276; Radio ABC v. Austria, 20 October 1997, \u00a7 30, Reports of Judgments and Decisions 1997-VI;Lombardi Vallauri, cited above, \u00a7 45; and Nur Radyo ve Televizyon Yay\u0131nc\u0131l\u0131\u011f\u0131 A.\u015e. v. Turkey (no. 2), no.\u00a042284\/05, \u00a7\u00a048, 12 October 2010).<\/p>\n 48.\u00a0\u00a0The Court observes that in the present case the authorities, in refusing the applicant\u2019s request to take part in the programme of 31 March 2001, did not explain to him with sufficient clarity why his participation in the programme was considered inappropriate. Furthermore, no reason was given for the decision to impose a penalty beyond a mere reference to the relevant statutory provision. The Court notes in that regard that the decision taken by the dean of the faculty on 30 March 2001 refusing the applicant permission to take part in the programme of 31 March 2001 did not give any reasons (see paragraph 9 above), and that the dean\u2019s letter to the applicant dated 9 April 2001 merely cited, as a reason for the refusal, the doubts expressed by the director of the translation course as to whether the applicant was sufficiently familiar with the subject of the programme (see paragraph 12 above). It also notes that the dean\u2019s decision of 2 July 2001 imposing a disciplinary sanction on the applicant for leaving the perimeter of his city of residence without authorisation was based solely on regulation8(g) of the disciplinary regulations and gave no further details as to the reasons for the sanction (see paragraph 16 above). In these decisions, it was not claimed, for instance, that the applicant\u2019s unauthorised departure had disrupted the continuity of the public service in the university, or that he had neglected his duties in order to take part in the television programme in question; likewise, it was not alleged that, in taking part in the programme, he had acted or spoken in a mannerdetrimental to the university\u2019s reputation.The Court reiterates in that regard that the rule of law, one of the fundamental principles of a democratic society, is inherent in all the Articles of the Convention (see Golder v. the United Kingdom, 21\u00a0February 1975, \u00a7\u00a034, Series A no. 18;Amuur v. France, 25 June 1996, \u00a7 50, Reports 1996\u2011III; andIatridis v. Greece [GC], no. 31107\/96, \u00a7 58, ECHR\u00a01999\u2011II). The rule of law implies,\u00a0inter alia, that there must be a measure of legal protection in domestic law against arbitrary interference by public authorities with the rights safeguarded by the Convention (see, among other authorities,\u00a0Klass and Others v. Germany, 6 September 1978, \u00a7 55, Series A no. 28; Malone v. the United Kingdom, 2 August 1984, \u00a7 67, Series A no.\u00a082;andKar\u00e1csony and Others v. Hungary[GC], nos.\u00a042461\/13 and 44357\/13, \u00a7 156, 17 May 2016).<\/p>\n 49.\u00a0\u00a0The Court observes in that connection that, in the present case, it was for the national courts to assess whether the reasons advanced by the domestic authorities to justify the disciplinary sanction imposed on the applicant were \u201crelevant and sufficient\u201d in the circumstances of the case. It therefore considers that, in order to assess whether the necessity of the impugned sanction was established convincingly in the present case, it should focus mainly on the reasons given by the national courts in examining the applicant\u2019s application for judicial review of the sanction (see G\u00fczel Erdag\u00f6z v. Turkey, no. 37483\/02, \u00a7\u00a050, 21 October 2008;Sapanv.\u00a0Turkey, no.\u00a044102\/04, \u00a7 37, 8 June 2010;Kaos GL v. Turkey, no.\u00a04982\/07, \u00a7 57, 22 November 2016;andSayg\u0131l\u0131 and Karata\u015f v. Turkey, no.6875\/05<\/a>, \u00a7 34, 16 January 2018).<\/p>\n 50.\u00a0\u00a0Having examined the domestic courts\u2019 decisions in the present case, the Court notes that it is not possible to determine on that basis whether the sanction imposed on the applicant was necessary in order to achieve the legitimate aim pursued by the authorities.In its judgment, the Administrative Court confined itself to ascertaining the facts concerning the applicant\u2019s unauthorised departure from his city of residence, and there is nothing to suggest that it took the trouble to examine the necessity of that sanction in the circumstances of the case in the light of the academic freedom on which the applicant expressly reliedbefore it. Both the Administrative Court and the Supreme Administrative Court, which upheld the first-instance judgment, should have conducted a broader assessment going beyond a mere review of formal compliance with regulation 8(g) of the disciplinary regulations, as would have been possible under section 7(4) of Law no. 2577 (see paragraph 24 above).<\/p>\n 51.\u00a0\u00a0Hence, the decisions given by the domestic courts in the present case did not explain how they fulfilled, on the one hand, their duty to balance the competing interests in the case and, on the other, their obligation to prevent any wrongdoing by the authorities. The same omissions also prevent the Court from effectively exercising its European scrutiny as to whether the domestic authorities implemented the standards established in its case-law on the balancing of competing interests.<\/p>\n 52.\u00a0\u00a0Accordingly, given their failure to give relevant and sufficient reasons to justify the impugned interference, the Court considers that the domestic courts cannot be said to have applied standards which were in conformity with the procedural principles embodied in Article 10 of the Convention or to have based their decisions on an acceptable assessment of the relevant facts (see Terentyev v. Russia, no. 25147\/09, \u00a7 24, 26\u00a0January 2017, and the case-law cited therein, andSayg\u0131l\u0131 and Karata\u015f, cited above, \u00a7\u00a043; see alsoAnnen v. Germany, no.\u00a03690\/10, \u00a7 73, 26\u00a0November 2015).<\/p>\n 53.\u00a0\u00a0These considerations are sufficient for the Court to conclude that, in the circumstances of the present case, there has been a violation of Article 10 of the Convention.<\/p>\n II.\u00a0\u00a0OTHER ALLEGED VIOLATIONS<\/p>\n 54.\u00a0\u00a0Relying on Article 6 of the Convention, the applicant alleged that the sanction imposed on him had breached his civil rights.<\/p>\n 55.\u00a0\u00a0He also maintained that the sanction had been an arbitrary punishment and hence constituted a violation of Article 7 of the Convention.<\/p>\n 56.\u00a0\u00a0Relying on Article 13 of the Convention, he complained that the domestic remedies had been ineffective.<\/p>\n 57.\u00a0\u00a0Under Article 14 of the Convention, he also alleged that he had been discriminated against.<\/p>\n 58.\u00a0\u00a0The Court notes that the applicant simply made these complaints in general terms and did not adduce any evidence to substantiate them.<\/p>\n 59.\u00a0\u00a0It follows that, even assuming Articles 6 and 7 to be applicable in the present case, these complaints must be declared inadmissible as being manifestly ill-founded.<\/p>\n III.\u00a0\u00a0APPLICATION OF ARTICLE 41 OF THE CONVENTION<\/p>\n 60.\u00a0\u00a0Article 41 of the Convention provides:<\/p>\n \u201cIf the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.\u201d<\/p>\n A.\u00a0\u00a0Damage<\/strong><\/p>\n 61.\u00a0\u00a0The applicant claimed 4,000 euros (EUR) in respect of non\u2011pecuniary damage.<\/p>\n 62.\u00a0\u00a0The Government submitted that the claim in respect of non\u2011pecuniary damage was unfounded. Furthermore, the applicant had failed to show a causal link between the damage sustained and the alleged violation.<\/p>\n 63.\u00a0\u00a0The Court considers it appropriate to award the applicant EUR 1,500 in respect of non-pecuniary damage.<\/p>\n B.\u00a0\u00a0Costs and expenses<\/strong><\/p>\n 64.\u00a0\u00a0The applicant also claimed EUR 2,000 for the costs and expenses incurred before the domestic courts and EUR 1,500 for those incurred before the Court. He did not submit any documents in that regard.<\/p>\n 65.\u00a0\u00a0The Government submitted that the part of the claim for which no supporting documents had been provided should be rejected.<\/p>\n 66.\u00a0\u00a0According to the Court\u2019s case-law, an applicant is entitled to the reimbursement of costs and expenses only in so far as it has been shown that these were actually and necessarily incurred and are reasonable as to quantum. In the present case, regard being had to the documents in its possession and its case-law, the Court rejects the claim for costs and expenses in view of the applicant\u2019s failure to submit supporting documents.<\/p>\n C.\u00a0\u00a0Default interest<\/strong><\/p>\n 39.\u00a0\u00a0The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.<\/p>\n FOR THESE REASONS THE COURT, UNANIMOUSLY,<\/strong><\/p>\n 1.\u00a0\u00a0Declares the complaint under Article 10of the Convention admissible and the remainder of the application inadmissible;<\/p>\n 2.\u00a0\u00a0Holds that there has been a violation of Article 10 of the Convention;<\/p>\n 3.\u00a0\u00a0Holds<\/p>\n (a)\u00a0\u00a0that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article\u00a044\u00a0\u00a7\u00a02 of the Convention, EUR 1,500 (one thousand five hundred euros), plus any tax that may be chargeable, in respect of non\u2011pecuniary damage,to be converted into the currency of the respondent State at the rate applicable at the date of settlement;<\/p>\n (b)\u00a0\u00a0that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;<\/p>\n 4.\u00a0\u00a0Dismisses the remainder of the applicant\u2019s claim for just satisfaction.<\/p>\n Done in French, and notified in writing on 19 June 2018, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and 3 of the Rules of Court.<\/p>\n Stanley Naismith\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Robert Spano
\nPaul Lemmens,
\nLedi Bianku,
\nI\u015f\u0131l Karaka\u015f,
\nNeboj\u0161a Vu\u010dini\u0107,
\nValeriu Gri\u0163co,
\nJon Fridrik Kj\u00f8lbro, judges,
\nand Stanley Naismith, Section Registrar,<\/p>\n
\nRegistrar\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 President<\/p>\n