26
TĂNASE v. MOLDOVA JUDGMENT
2. The parties’ submissions
(a) The Moldovan Government
113. The Government argued that the applicant could have requested
Mr Filat, who was an MP and therefore had standing to lodge a request with
the Constitutional Court (see paragraph 82 above), to challenge Law no. 273
before the Constitutional Court. Referring to the Chamber’s conclusion that
a request to the Constitutional Court via the Ombudsman was not an
effective remedy, the Government distinguished the present proposal on the
ground that Mr Filat was the President of the political party of which the
applicant was Vice-President; Mr Filat also held dual nationality; and
Mr Filat had already assisted the applicant in the present case. Accordingly,
they argued, the remedy proposed was accessible to the applicant.
114. The Government emphasised that the present case concerned a
matter of constitutionality which could only be remedied by the
Constitutional Court. In their submissions on admissibility before the
Chamber, the Government had raised the possibility of lodging a case with
the Constitutional Court via the Ombudsman. They argued that the
substance of the remedy advanced was the possibility of the Constitutional
Court considering the case and that the precise intermediary by which the
applicant sought its introduction was irrelevant. Accordingly, the
Government argued, the current objection was not a new plea but a
reiteration of the previous objection and they were therefore not barred from
raising the objection at this stage of the proceedings.
115. Finally, the Government pointed out that a request to the
Constitutional Court in December 2008 to consider the constitutionality of
Law no. 273 was successful as the request was admitted for examination
(see paragraphs 54-58 above). Thus, this was clearly an effective remedy,
although in the event the court found the Law to be constitutional.
(b) The applicant
116. The applicant argued that the objection raised by the Government
was a new objection. It did not depend on facts which were not available
when the Court considered the admissibility of the case. Accordingly,
relying on Sejdovic v. Italy ([GC], no. 56581/00, § 41, ECHR 2006-II), the
applicant contended that the Government should have raised the possibility
of this remedy in their written and oral pleadings on admissibility. He did
not consider that there were any exceptional circumstances in favour of
relieving the Government of the obligation to comply with this requirement
and accordingly he invited the Court to reject the Government’s objection.
117. In the event that the Court were minded to allow the objection to be
raised at this stage in the proceedings, the applicant argued that a complaint
to the Constitutional Court via Mr Filat was not an effective remedy open to