Case Analysis: Otto-Preminger-Institut v Austria

Abstract

This chapter demonstrates the main points of all other chapters by means of a thorough analysis of the European Court of Human Rights’ decision in Otto-Preminger Institut v Austria, a case concerning Art. 10 of the Convention. The conflict is between the freedom of expression and the freedom of religion. It is demonstrated in detail how proportionality analysis works in this case. Numerous mistakes and insufficiencies in the Court’s reasoning are identified. It is argued that a proper proportionality analysis may have a rationalizing effect on legal reasoning.