Resolution CM/ResDH(2008) 47 [1]

Execution of the judgment of the European Court of Human Rights

Maestri against Italy

(Application No. 39748/98, judgment of 17 February 2004, Grand Chamber)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the P rotection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter as “the Convention” and “the Court”);

Having regard to the judgment transmitted by the Court to the Court once it had become final;

Recalling that the violation of the Convention found by the Court in this case concerns the unlawful interference with the freedom of association of a judge, who was subjected to disciplinary sanction on account of his membership of the freemasons, on legal grounds which were not sufficiently clear, specific, or predictable (violation of Article 11) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken to comply with Italy ' s obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgment;

Having examined the information provided by the government in accordance with the Committee ' s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that on 26 March 2004, within the time-limit set, the respondent state paid the a p plicant the just satisfaction provided in the judgment of 17 February 2004 (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:

- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ResDH(2008)47

Information about the measures taken to comply with the judgment in the case of Maestri against Italy

Introductory case summary

This case concerns an unlawful interference with the freedom of association of the applicant. In 1995, the Supreme Judicial Board (CSM) imposed disciplinary sanctions on the applicant, who is a judge, on account of his membership of the freemasons until 1993.

The European Court considered that the legal basis of the sanction, i.e. Article 18 of Royal Decree No. 511 of 31/05/1946 combined with a 1990 directive of the CSM, was not sufficiently clear, specific, or predictable (violations of Article 11).

I. P ayment of just satisfaction and individual measures

a) Details of just satisfaction

P ecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

10 000 EUR

14 000 EUR

P aid on 26/03/2004

b) Individual measures

The European Court specified that it was the responsibility of the respondent state to implement proper means to erase the consequences of the damage related to the applicant ' s career which could have or has resulted from the disciplinary sanction imposed in violation of the Convention. However, the applicant resigned from national legal service in March 2005. Consequently, no further individual measure seems necessary.

II. General measures

The problem of the ambiguity of the legal basis was solved by the adoption of new guidance in 1993, which sets out clearly the incompatibility of the exercise of the functions of judge with the membership of the freemasons (see §§ 22 and 41 of the Court ' s judgement).

III. Conclusions of the respondent state

The government considers that the measures taken will prevent new, similar violations and that Italy has thus complied with its obligations under Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 25 June 2008 at the 1028th meeting of the Ministers’ Deputies