24
TĂNASE v. MOLDOVA JUDGMENT
manner which renders its safeguards practical and effective (see, inter alia,
Soering, cited above, § 87, and Artico v. Italy, 13 May 1980, § 33, Series A
no. 37). In assessing whether an applicant can claim to be a genuine victim
of an alleged violation, account should be taken not only of the formal
position at the time when the application was lodged with the Court but of
all the circumstances of the case in question, including any developments
prior to the date of the examination of the case by the Court (see, mutatis
mutandis, Akdivar and Others v. Turkey, 16 September 1996, § 69, Reports
of Judgments and Decisions 1996-IV).
106. With these elements in mind, the Court considers that the question
whether an applicant has victim status falls to be determined at the time of
the Court’s examination of the case where such an approach is justified in
the circumstances. In this respect, it refers to its case-law on loss of victim
status where it has examined objections raised by respondent Governments
that steps taken by or in the respondent State subsequent to the lodging of
the application with the Court afforded adequate redress for the alleged
violation such that the applicant could no longer be considered a victim for
the purposes of Article 34 of the Convention (see, for example, Amuur
v. France, 25 June 1996, § 36, Reports 1996-III; Chevrol v. France,
no. 49636/99, §§ 37-43, ECHR 2003-III; Siliadin v. France, no. 73316/01,
§§ 54 and 63, ECHR 2005-VII; and Ramazanova and Others v. Azerbaijan,
no. 44363/02, §§ 36-39, 1 February 2007). In a number of cases,
applications have been ruled inadmissible or struck out of the list where
such subsequent steps have provided adequate redress to the applicant, who
has accordingly lost his victim status (see, for example, Conrad v. Germany,
no. 13020/87, Commission decision of 13 April 1988, DR 56; Caraher
v. the United Kingdom (dec.), no. 24520/94, ECHR 2000-I; and Ohlen
v. Denmark (striking out), no. 63214/00, §§ 28-31, 24 February 2005). The
Court will therefore examine whether the applicant has victim status for the
purposes of Article 34 of the Convention, having regard to all the
circumstances of the case.
107. In the present case, the Court notes that the impugned Law entered
into force in May 2008 (see paragraph 44 above). The present application
therefore concerns enacted legislation.
108. As to whether the measure has been applied to the applicant to his
detriment, the Court observes that, following his election in April 2009, the
applicant was obliged to initiate a procedure to renounce his Romanian
nationality in order to have his mandate as an MP confirmed by the
Constitutional Court to allow him to take his seat. He has initiated this
procedure (see paragraphs 60-61 above). Again, following his election in
July 2009, the applicant was required to provide evidence of his initiation of
the renunciation procedure to the Constitutional Court in order to have his
mandate confirmed (see paragraph 66 above). The Court accordingly
concludes that the applicant was directly affected by Law no. 273 as he was