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TĂNASE v. MOLDOVA JUDGMENT
exception was introduced to the provision in the Law on citizenship
concerning equality of citizens to allow different treatment where provided
for by law (see paragraphs 24 above and 75 below)
44. On 29 April 2008 the President promulgated the Law adopted by
Parliament on 10 April 2008. On 13 May 2008 the Law was published in
the Official Gazette, thus entering into force. The other two amendments to
the electoral legislation (see paragraph 37 above) were also enacted and
entered into force in May 2008.
E. International reactions to the electoral reform
1. The Council of Europe’s European Commission against Racism and
Intolerance
45. On 29 April 2008 the Council of Europe’s European Commission
against Racism and Intolerance (ECRI) made public a report adopted on
14 December 2007. In its report, ECRI expressed concern about the
amendments concerning dual and multiple nationalities:
“16. ECRI notes with interest that section 25 of the Law on citizenship, in full
accordance with Article 17 of the European Convention on Nationality, which has
been ratified by Moldova, provides that Moldovan citizens who are also citizens of
another State and who have their lawful and habitual residence in Moldova enjoy the
same rights and duties as other Moldovan citizens. In this respect, ECRI would like to
express its concern about a draft law on the modification and completion of certain
legislative acts adopted in its first reading by Parliament on 11 October 2007.
According to this draft law, only persons having exclusively Moldovan citizenship are
entitled to work in senior positions in the government and in several public services.
From the information it has received, ECRI understands that if this draft law enters
into force as it stands, Moldovan citizens with multiple citizenship would be seriously
disadvantaged compared with other Moldovan citizens in access to public functions. It
thus appears that, if the law enters into force as such, this could lead to discrimination,
i.e. unjustified differential treatment on the grounds of citizenship. ECRI understands
that a wide-ranging debate is occurring within Moldova at the time of writing this
report as far as this draft law is concerned and that many sources both at the national
and international level have stressed the need to revise the text thoroughly before its
final adoption in order to ensure its compatibility with national and international
standards.
...
18. ECRI strongly recommends that the Moldovan authorities revise the draft law
of 11 October 2007 ... in order to ensure that it neither infringes the principle of nondiscrimination on the grounds of citizenship nor undermines all benefits of the recent
changes made to the Law on citizenship and allowing for multiple citizenship.”