Information Note on the Court’s case-law 44

July 2002

Maestri v. Italy (dec.) - 39748/98

Decision 4.7.2002 [Section I]

Article 11

Article 11-1

Freedom of association

Imposition of disciplinary sanction on judge on account of previous membership of Freemasons: admissible

In November 1993, disciplinary proceedings were commenced against the applicant, acting president of a court, owing to his membership of th e freemasons’ lodge Grande Oriente d’Italia di Palazzo Giustiniani from 1981 to March 1993. The Judicial Service Commission finally gave him a warning. The Court of Cassation dismissed his appeal. The applicant argues that his career has since been blocked : he was found unsuitable for the post of adviser to the Court of Cassation; furthermore, the judicial council for his district said that, because of the warning, it could not give a decision on his suitability for the post of court president.

Admissible u nder Articles 9, 10 and 11.

[NB: Case comparable to the N.F. v. Italy judgment of 2 August 2001 (No.37119/97, to be published in ECHR 2001-IX); see also the Grande Oriente d’Italia di Palazzo Giustiniani v. Italy judgment of 2 August 2001 (No. 35972/97, to be published in ECHR 2001-VIII).]

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