12
TĂNASE v. MOLDOVA JUDGMENT
State sovereignty and the need for a permanent political and legal link
between an elector and the State. It considered that for Moldovan citizens
holding the nationality of another State, the significance of Moldovan
citizenship was substantially diminished as such a person might not be
guided only by the constitutional requirements of Moldova and the interests
of the Moldovan people but also by the interests of a foreign State.
Accordingly, allowing MPs to hold dual nationality was contrary to the
constitutional principle of the independence of the mandate of MPs, State
sovereignty, national security and the non-disclosure of confidential
information. In this regard, the court insisted that ensuring national security
and consolidating Moldovan statehood had become an urgent necessity in
the light of movements to undermine the Moldovan State.
57. The court also considered the interference to be proportionate since
it did not affect the substance of electoral rights but merely made the
exercise of the right to be an MP conditional upon holding exclusive
Moldovan citizenship. Citizens could choose between holding a job which
required single citizenship and retaining their multiple citizenships but
working in a different post.
58. As regards the argument that Law no. 273 resulted in unequal
treatment of Moldovan citizens, the court considered that the principle of
equality should not be confused with the principle of uniformity. Those
holding multiple nationalities were not in the same position as those holding
single Moldovan nationality and the two cases were therefore not
comparable.
G. Political developments following the 2008 electoral reform
59. On 5 April 2009 legislative elections were held. The Communist
Party obtained 60 seats in Parliament. The three opposition parties gained
41 seats altogether: the Liberal Democratic Party and the Liberal Party
obtained 15 seats each; and the Our Moldova Alliance obtained 11 seats. Of
the 101 MPs elected, 21 held more than one nationality or had pending
applications for a second nationality and were therefore affected by the
provisions of Law no. 273. All 21 MPs were members of opposition parties.
60. In the April elections, the applicant was elected to the Moldovan
Parliament. In order to be able to take his seat, he was required to initiate a
procedure to renounce his Romanian nationality. He did this by way of a
letter addressed to the Romanian embassy in Chişinău announcing that he
was forced to initiate the renunciation of his Romanian nationality, but
indicating that he reserved his right to withdraw the letter after the judgment
of the Grand Chamber in the present case.
61. On 22 April 2009 the Constitutional Court validated the applicant’s
mandate, taking into consideration his letter to the Romanian embassy.