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Maestri v. Facts: The applicant is an Italian national, and is a judge
and president of the Complaint: The applicant claimed that the imposition of a sanction on him violated Articles 9 (right to freedom of thought, conscience and religion), 10 (freedom of expression) and 11 (freedom of assembly and association) of the Convention. Holding: the ECHR considered the claim under article 11 only and found a violation. Reasoning: there had been interference with the applicant's right to freedom of association as guaranteed by Article 11. The interference was not prescribed by law because the national regulation on which the disciplinary measure was based did not have a basis in domestic law and failed to satisfy the conditions of accessibility and foreseeability. Indeed, the wording of the directive prescribing the sanction was not sufficiently clear and foreseeable to enable the applicant, to realize that his membership of a Masonic lodge could lead to sanctions being imposed on him. |
Comparative Bills of Rights || Freedom of Association |