24 DRAGOJEVIĆ v. CROATIA JUDGMENT them, and the kind of remedy provided by the national law (see Klass and Others v. Germany, 6 September 1978, § 50, Series A no. 28; Weber and Saravia, cited above, § 106; Association for European Integration and Human Rights and Ekimdzhiev v. Bulgaria, no. 62540/00, § 77, 28 June 2007; and Kennedy v. the United Kingdom, no. 26839/05, § 153, 18 May 2010). 84. This in particular bears significance as to the question whether an interference was “necessary in a democratic society” in pursuit of a legitimate aim, since the Court has held that powers to instruct secret surveillance of citizens are only tolerated under Article 8 to the extent that they are strictly necessary for safeguarding democratic institutions (see Kennedy, cited above, § 153). In assessing the existence and extent of such necessity the Contracting States enjoy a certain margin of appreciation but this margin is subject to European supervision. The Court has to determine whether the procedures for supervising the ordering and implementation of the restrictive measures are such as to keep the “interference” to what is “necessary in a democratic society”. In addition, the values of a democratic society must be followed as faithfully as possible in the supervisory procedures if the bounds of necessity, within the meaning of Article 8 § 2, are not to be exceeded (see Kvasnica, cited above, § 80; and Kennedy, cited above, § 154). (b) Application of these principles to the present case (i) Whether there was an interference 85. The Court notes that it is not in dispute between the parties that by tapping the applicant’s telephone and covertly monitoring him there was an interference with his right to respect for “private life” and “correspondence”, guaranteed under Article 8 of the Convention. The Court sees no reason to hold otherwise (see, for example, Malone, cited above, § 54; Khan v. the United Kingdom, no. 35394/97, § 25, ECHR 2000-V; and Drakšas v. Lithuania, no. 36662/04, §§ 52-53, 31 July 2012). (ii) Whether the interference was justified 86. The Court observes that in the instant case the applicant did not complain in general about the existence of legislation allowing measures of covert surveillance. The basis of his complaint was a specific instance of such surveillance which took place in connection with criminal proceedings against him. As the Court must first ascertain whether the interference complained of was “in accordance with the law”, it must inevitably assess the relevant domestic law in force at the time in relation to the requirements of the fundamental principle of the rule of law. Such a review necessarily entails some degree of abstraction (see Kruslin, cited above, § 32). Nevertheless, in cases arising from individual applications, the Court must

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