In the case of Godenau v. Germany, the Fourth Section of the European Court of Human Rights did not find any violation of freedom of expression in the case of a teacher who was deemed “unsuitable to teach” in public schools due to her links with far-right extremism, which cast doubts on her “loyalty to the Constitution”. The Court remarked that the listing of the applicant is sufficiently and appropriately motivated and that the list of individuals “unsuitable to teach” has its effectiveness limited to one single German land. Consequently, the applicant can be hired as a teacher in any other land or in private schools. In addition, the applicant’s reputation is not seriously violated, insofar as the list has limited accessibility and, anyway, she has been granted sufficient procedural guarantees. Germany has not exceeded its margin of appreciation.

 

(Comment by Chiara Graziani)