Grande Oriente d’Italia v. Italy
Lack of sufficient safeguards in respect of a search and seizure measure ordered by Parliamentary Commission of Inquiry on combating the Mafia.
In the case of Grande Oriente d’Italia v. Italy the Court held that there had been a violation of the right to respect for the home.
The case concerned a search – ordered by a parliamentary commission of inquiry investigating the infiltration of mafia-type criminal organisations into Masonic lodges – of an Italian Masonic association’s premises, and the subsequent seizure of numerous paper and digital documents, in particular lists containing the names and personal data of more than six thousand individuals.
Having pointed out the discretion enjoyed by the States in the area of parliamentary autonomy, the Court found, however, that the interference with the applicant association’s right to respect for its home had not been accompanied by sufficient safeguards against abuse and arbitrariness, and had therefore not been “necessary in a democratic society”, since it had not had available to it any ex ante guarantee or ex post remedy.