TĂNASE v. MOLDOVA JUDGMENT
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I. PRELIMINARY OBJECTIONS
A. Victim status
1. The Chamber’s conclusions
96. The Chamber referred to the Court’s previous case-law to the effect
that it was open to a person to contend that a Law violated his rights in the
absence of an individual measure of implementation if he was required to
modify his conduct or was a member of a class of people who risked being
directly affected by the legislation. It considered that the applicant was
directly affected by Law no. 273 because, if elected, he would have to make
the difficult choice between sitting as an MP or keeping his dual nationality.
Indeed, awareness of that difficult choice could have an adverse effect on
the applicant’s electoral campaign, both in terms of his personal investment
and effort and in terms of the risk of losing votes with the electorate. The
Chamber therefore dismissed the Government’s objection that the applicant
lacked victim status.
2. The parties’ submissions
(a) The Moldovan Government
97. The Government maintained in their submissions to the Grand
Chamber that the applicant was not a victim within the meaning of
Article 34 of the Convention because the case was lodged with the Court
before Law no. 273 had been promulgated. Relying on Očič v. Croatia
((dec.), no. 46306/99, ECHR 1999-VIII), they further contended that the
applicant’s claim was an actio popularis seeking review of legislation in the
abstract as at the time of his application to the Court, the Law in question
had never been applied to him to his detriment. The cases to which the
Chamber referred to support its conclusion that the applicant was a victim
were distinguished by the Government because, in those cases, unlike in the
present case, the Law being challenged had entered into force. Although the
Court had considered an applicant a potential victim of an enacted Law
which had never been applied to him, it had never before found an applicant
to be a victim or a potential victim of a draft law. The Government relied on
The Christian Federation of Jehovah’s Witnesses in France v. France
((dec.), no. 53430/99, ECHR 2001-XI), where the Court observed that it had
accepted the notion of a potential victim in cases where the applicant was
not in a position to demonstrate that the legislation about which he
complained had actually been applied to him because of the secret nature of
the measures it authorised (see Klass and Others v. Germany, 6 September