Published on 26 February 2024
FIRST SECTION
Application no. 37642/23
Nikolas GARAGOUNIS
against Italy
lodged on 5 October 2023
communicated on 9 February 2024
SUBJECT MATTER OF THE CASE
The application concerns the police caution (ammonimento) imposed on the applicant in stalking-prevention proceedings by the head of the local police authority (questore). The measure was eventually upheld by the Council of State’s judgment no. 2496 of 9 March 2023.
The applicant complains under Articles 6 and 13 of the Convention that he was not allowed to participate in the decision-making process to a degree sufficient to provide him with the requisite protection of his interests, and that the reasons adduced by the domestic authorities to justify the impugned measure were not relevant and sufficient.
QUESTIONS TO THE PARTIES
Has there been a breach of the applicant’s right to respect for private life, guaranteed by Article 8 of the Convention? In particular:
(i) having regard to the nature and seriousness of the allegations against the applicant and the time elapsed between the lodging of the complaint against him and the notification of the measure by the questore, was the applicant allowed to participate in the decision-making process to a degree sufficient to provide him with the requisite protection of his interests (see Giuliano Germano v. Italy, no. 10794/12, §§ 125-37, 22 June 2023)?
(ii) did the domestic authorities give relevant and sufficient reasons for the imposition of the contested measure (ibid., §§ 132-37)?