ECHR: Home search in the context of a tax investigation (Italian law)

Brazzi v. Italia – 57278/11

Judgement 27.9.2018 [Section I]

The domestic legislation, which does not provide for prior judicial scrutiny or subsequent judicial review of a search measure, does not afford sufficient guarantees against abuse or arbitrariness.

The Court found unanimously that the interference with the applicant’s right to respect for his home, was not “in accordance with the law” and entailed a violation of Article 8 of the Convention.