TĂNASE v. MOLDOVA JUDGMENT
15
Moldovan national of another nationality does not entail loss of the
Moldovan nationality.
75. Section 25 provides that Moldovan citizens who reside lawfully and
habitually in the territory of Moldova and hold the nationality of another
State shall enjoy the same rights and duties as the other citizens of Moldova.
Law no. 273 inserted an exception to the principle in section 25 of equal
treatment of all citizens “in cases provided for by law”.
76. Section 39 provides for an oath of allegiance to be sworn by those
granted citizenship of Moldova through naturalisation or reacquisition of
nationality. The oath states:
“I (surname, first name), born (time and place of birth), swear to be a faithful citizen
of the Republic of Moldova, to respect its Constitution and other laws and not to take
any actions that would prejudice the interests and territorial integrity of the State.”
C. The right to vote and stand for election
77. On the right to vote and to be elected, the relevant parts of the
Constitution provide:
Article 38
The right to vote and to be elected
“...
3. The right to be elected is guaranteed to Moldovan citizens who enjoy the right to
vote, within the conditions of the law.”
Article 39
The right to participate in the administration
“1. The citizens of Moldova shall have the right to participate in the administration
of public affairs in person or through their representatives.
2. Every citizen shall have access, in accordance with the law, to public functions.”
78. Law no. 273 set out amendments to the electoral legislation.
Section 10 of the draft law adopted by Parliament on 7 December 2007 but
not promulgated by the President, proposed that the Electoral Code be
amended to include the following:
“Candidates for the office of MP shall be at least 18 years old on the day of the
elections, shall have exclusively Moldovan citizenship, shall live in the country and
shall fulfil the conditions provided for in the present code.”
79. Section 9 of the final version of Law no. 273, which came into force
on 13 May 2008, introduces the following provisions into the Electoral
Code: