Articolul 8 din convenție. Dreptul la respectarea vieții private și a domiciliului. Încălcare. Lipsa de proporționalitate. Dreptul la un proces echitabil. Proces penal. Neîncălcare
Article 8 of the Convention. The right to privacy and home. Violation. Lack of proportionality. The right to a fair trial. Penal trial. Noninfringement

Summary/Abstract: Telephone interceptions, interception of the applicant and searching his office are interpreted as an interference with the law protected by art. 8 of the Convention. In order to comply with the Convention, such interference must meet the requirements of art. 8 § 2, respectively: to be provided for by law, to pursue one or more legitimate purposes in the light of this paragraph and to be necessary in a democratic society. As regards the condition that 'interference is necessary in a democratic society', according to the settled case-law of the Court, the Contracting States have a certain margin of appreciation in estimating the existence and extent of such a need, but that margin is doubled by a European control that covers both the law and the decisions that apply it, even those handed down by an independent court. Irrespective of the supervisory system, the Court must be satisfied that there are adequate and sufficient safeguards against abuse. This assessment is of a relative nature and depends on all the circumstances of the case, such as the nature, scope and duration of the measures, the reasons necessary for their disposal, the competent authorities that allow, to carry them out and control them, the remedies provided by the national law. The proportionality of the measure of search and taking of evidence must be examined in the light of the specific circumstances of the case, by applying the following criteria: the seriousness of the offense against which the measure was ordered, the manner and circumstances in which the warrant was issued - especially the question of whether other evidence was available at that time - the content and scope of the warrant - taking into account in particular the nature of the searched places and the safeguards taken to ensure that the measure remains reasonable in terms of its effects - and the extent of the possible repercussions on the reputation of the searched person. The technical supervision measures taken in respect of the applicant were not proportionate due to their intrusive and constant nature and their prolongation over a considerable period of time.

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