TĂNASE v. MOLDOVA JUDGMENT
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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.