Earlier quoted context omitted.
First it's not "above all else" seeing that it's "Article 10". Second, the second clause basically negates the first one in its entirety: 2. The 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…
* They aren't like Asmiov laws. The order doesn't matter. In either the Articles or the order of the Constitution. They are numbered more for convenience than anything else. * There are similar restrictions on the US 1st Amendment. Crying "fire" in a theater is the common example. I note that the 1st Amendment didn't protect Manning for very similar reasons. The EU law is just being more explicit.
http://www.techdirt.com/articles/20121102/13355920920/stop-s...
All supreme courts interpretations of the constitution in the last 30 years have been in support to and helped expand the scope and authority of the first amendment.