TĂNASE v. MOLDOVA JUDGMENT 17 D. Access to the Constitutional Court 82. According to Article 38 of the Code of Constitutional Jurisdiction of the Republic of Moldova, the Constitutional Court may be seized only by the President of the country, the government, the Minister of Justice, the Supreme Court of Justice, the Economic Court, the Prosecutor General, the MPs, the parliamentary factions and the Ombudsman. III. RELEVANT INSTRUMENTS OF THE COUNCIL OF EUROPE A. The European Convention on Nationality 83. The Preamble to the Council of Europe European Convention on Nationality (“the ECN”), which came into force in general and in respect of Moldova on 1 March 2000, explains the purpose of the ECN. The relevant parts of the Preamble provide: “Recognising that, in matters concerning nationality, account should be taken both of the legitimate interests of States and those of individuals; ... Noting the varied approach of States to the question of multiple nationality and recognising that each State is free to decide which consequences it attaches in its internal law to the fact that a national acquires or possesses another nationality; ...” 84. Article 15 of the ECN sets out possible cases of multiple nationality other than those which arise where individuals acquire multiple nationalities automatically at birth or a second nationality automatically upon marriage. It provides as follows: “The provisions of this Convention shall not limit the right of a State Party to determine in its internal law whether: a. its nationals who acquire or possess the nationality of another State retain its nationality or lose it; b. the acquisition or retention of its nationality is subject to the renunciation or loss of another nationality.” 85. On the rights and duties related to multiple nationality, Article 17 provides: “Nationals of a State Party in possession of another nationality shall have, in the territory of that State Party in which they reside, the same rights and duties as other nationals of that State Party.

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