TĂNASE v. MOLDOVA JUDGMENT
25
obliged to initiate a procedure which put him at risk of losing his Romanian
nationality. Further and in any event, even before his election the
knowledge that, if elected, he would be required to take steps to renounce
his Romanian nationality if he wished to take his seat in Parliament
undoubtedly affected him throughout his electoral campaign. He may,
moreover, have lost votes since the electorate was aware that there was a
chance that he would decide not to take his seat if that would mean losing
his status as a dual national. Since the applicant was directly affected by the
Law in question, the Court concludes that the measure has had a detrimental
impact on him.
109. As to the Government’s argument that Law no. 273 required a
renunciation procedure merely to be initiated, and not to be completed, the
Court does not consider that this removes the applicant’s status as a victim.
Although the applicant’s mandate has now been confirmed by the
Constitutional Court, he was required to send a letter to the Romanian
authorities requesting the initiation of a procedure to renounce his
Romanian nationality, which he did. It is true that the Romanian
Government have not yet taken steps to strip the applicant of his Romanian
nationality. However, the conduct of the Romanian authorities is not within
the applicant’s control and they have made no formal undertaking not to act
upon the applicant’s request to renounce his Romanian nationality.
Accordingly, they may choose at any time to complete the renunciation
procedure.
110. In any event, each time the applicant wishes to stand for election to
Parliament he will face the uncertainty of not knowing whether the
Constitutional Court will accept that he has complied with the law and
whether the Romanian Government will take steps to give effect to his
request to renounce his Romanian nationality.
111. The Government’s objection as to lack of victim status is therefore
dismissed.
B. Non-exhaustion of domestic remedies
1. The Chamber’s conclusions
112. The Chamber rejected the Government’s objection that the
applicant had failed to exhaust domestic remedies in that he had not
complained to the Ombudsman, who could in turn have lodged a challenge
to Law no. 273 before the Constitutional Court. The Chamber emphasised
that the requirement to exhaust domestic remedies applied only to those
remedies which were accessible and effective. In the present case, the
remedy relied upon by the Government could not be considered effective as
it was not open to the applicant to complain directly to the Constitutional
Court.