20
TĂNASE v. MOLDOVA JUDGMENT
Republic of Macedonia” (64.2% Macedonian; 25.2% Albanian; 10.6%
other). The numbers of dual nationals in these countries is not known. None
of these States prohibit dual nationals from standing for Parliament.
93. In the twenty-seven member States of the European Union, sixteen
allow dual nationality, five prohibit it or allow it only in exceptional
circumstances (the Czech Republic, Denmark, Greece, Lithuania and
Poland) and six (Austria, Estonia, Germany, Latvia, the Netherlands and
Spain) allow it in certain circumstances, to varying extents. Two States –
Bulgaria and Lithuania – prohibit the election of dual nationals to
Parliament. Further limitations exist in three States (Latvia, Malta and
Portugal – see paragraphs 87-88 above).
THE LAW
94. The applicant alleged that the prohibition on Moldovan nationals
holding other nationalities sitting as members of parliament (MPs)
following their election interfered with his right to stand as a candidate in
free elections and to take his seat in Parliament if elected, thus ensuring the
free expression of the opinion of the people in the choice of the legislature.
He relied on Article 3 of Protocol No. 1, which provides:
“The High Contracting Parties undertake to hold free elections at reasonable
intervals by secret ballot, under conditions which will ensure the free expression of
the opinion of the people in the choice of the legislature.”
95. He also complained under Article 14 of the Convention taken in
conjunction with Article 3 of Protocol No. 1 that he had been subjected to
discrimination in comparison with Moldovan nationals holding multiple
nationalities and living in Transdniestria. Article 14 of the Convention
provides:
“The enjoyment of the rights and freedoms set forth in [the] Convention shall be
secured without discrimination on any ground such as sex, race, colour, language,
religion, political or other opinion, national or social origin, association with a
national minority, property, birth or other status.”