Information Note on the Court’s case-law 11
October 1999
Grande Oriente d'Italia di Palazzo Giustiniani v. Italy (dec.) - 35972/97
Decision 21.10.1999 [Section IV]
Article 11
Article 11-1
Freedom of association
Legal prohibition on freemasons holding public offices: admissible
In 1996 the Marche region passed a regional Law laying down the principles governing appointments to public offices within its gift. The Law requires candidates for those offices to produce a declaration certifying that they are not freemasons. The applicant is an Italian Masonic Order which enjoys the status of an association governed by civil law. Acting through its Grand Master, it complains of the prejudice caused it by the Law in question.
Admissible under Article 11 taken alone and in conjunction with Articles 13 or 14.
Inadmissible under Articles 8, 9 and 10 and, consequently, under those Articles in conjunction with Articles 13 or 14. The applicant association could not rely on those Articles, since a breach of them could not prejudice an association but only its members. The fact that an association is made up of individuals cannot bestow rights on it analogous to those enjoyed by its members: incompatible ratione personae.
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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