22
TĂNASE v. MOLDOVA JUDGMENT
1978, Series A no. 28); where a Law punishing homosexual acts was likely
to be applied to a certain category of the population, to which the applicant
belonged (see Dudgeon v. the United Kingdom, 22 October 1981, Series A
no. 45); and, lastly, where the forced removal of aliens had already been
decided on but not yet carried out and enforcement of the measure would
have exposed the persons concerned to the risk of treatment contrary to
Article 3 in the country of destination (see Soering v. the United Kingdom,
7 July 1989, Series A no. 161) or would have infringed the right to respect
for family life (see Beldjoudi v. France, 26 March 1992, Series A
no. 234-A). The Government argued that States Parties had not agreed when
ratifying the Convention that draft laws could be challenged before the
Court. If such challenges were possible, where there was no possibility at
domestic level to challenge a draft law applicants would be encouraged to
come directly to the Court, breaching the principle of subsidiarity and
leading to a large increase in the number of cases before the Court.
98. The Government further argued that a person with multiple
nationalities was allowed to stand for election in Moldova and merely had
to show, in order for his mandate to be approved by the Constitutional
Court, that he had initiated a renunciation procedure in respect of
nationalities other than Moldovan (see paragraph 79 above). There was no
provision in the Electoral Code which allowed an MP’s mandate to be
subsequently annulled on the ground that the renunciation procedure had
never been completed. In the present case, once the applicant’s mandate was
confirmed there was no way of annulling his mandate if he did not follow
through with the renunciation of his Romanian nationality.
(b) The applicant
99. The applicant acknowledged that his application to the Court was
submitted before Law no. 273 was officially enacted. However, he argued
that it had already been passed by Parliament (see paragraph 38 above) and
that it was therefore inevitable that the Law would be signed by the
President and would enter into force sooner or later. The Government were
given notice of the application by the Court on 17 June 2008, by which time
the contested Law was in force (see paragraph 44 above).
100. The applicant also pointed out that, following his election to
Parliament, he was not permitted to take his seat until he had begun the
procedure to renounce his Romanian citizenship (see paragraphs 60-61 and
66 above). Had he refused to initiate the procedure, he would have been
unable to sit as an MP.
101. The applicant accordingly invited the Court to find that he was a
victim of the contested legislation.