TĂNASE v. MOLDOVA JUDGMENT
19
nationality; in Bulgaria, holding dual nationality is permitted. The
Constitution of a fourth country, Malta, provides that a person shall not be
qualified for election to the House of Representatives “if he is a citizen of a
country other than Malta having become such a citizen voluntarily or is
under a declaration of allegiance to such a country”; it is not entirely clear
whether the provision applies to non-nationals or to multiple nationals. In
any case, there are no known examples of the provision being enforced and
it is not clear whether it was intended that the limitation remain in force
after the law was amended to permit dual nationality in Malta in 2000.
Romania, which permits dual nationality, lifted its ban on dual nationals
becoming MPs in 2003.
88. In Latvia, there is no prohibition on MPs having dual nationality but
a person with dual nationality cannot be elected president. It should be
noted that dual nationality is prohibited in principle under Latvian law,
although it is allowed in certain limited circumstances. Monaco restricts
citizens from becoming members of the Conseil National if they hold public
or elected office in another State. Portugal prohibits non-resident dual
nationals from becoming MPs for the constituency covering the territory of
their other nationality.
89. In short, three member States of the Council of Europe – Bulgaria,
Malta and Moldova (subject to the ambiguity outlined above) – currently
allow dual nationality but prohibit dual nationals from becoming MPs. In
addition, Azerbaijan and Lithuania, which prohibit dual nationality, also
prohibit dual nationals becoming MPs. Of these four other countries,
Azerbaijan and Lithuania have not signed the ECN; Bulgaria has lodged a
reservation in respect of Article 17 of the ECN; and Malta has signed, but
not ratified, the ECN.
90. Twenty-seven States other than Moldova allow dual nationality. In
nineteen member States, dual citizenship is prohibited in principle. Dual
nationality is prohibited in Ukraine.
91. Estonia, Latvia and Lithuania prohibit dual nationality. According to
the census for the year 2000, there were around 200 dual nationals in
Estonia. There are around 700 dual nationals in Lithuania. No figures are
available for Latvia. Around a quarter of the population of Estonia and
Latvia is ethnically Russian.
92. In the States of the former Yugoslavia, Croatia, Serbia, Slovenia and
“the former Yugoslav Republic of Macedonia” allow dual citizenship,
although Croatia and Slovenia seek to exclude it for naturalised citizens. In
Bosnia and Herzegovina and Montenegro, dual nationality is permitted only
in respect of States with which a bilateral agreement has been concluded.
The populations of most of these States are ethnically mixed. Montenegro
(43% Montenegrin; 32% Serb; 8% Bosniak; 17% other) and Bosnia and
Herzegovina (48% Bosniak; 37.1% Serb; 14.3% Croat; 0.6% other) have
the most ethnically mixed populations, followed by “the former Yugoslav