30
TĂNASE v. MOLDOVA JUDGMENT
rights guaranteed in the Convention. They referred to the Court’s consistent
case-law to the effect that the Convention could not be interpreted in a
vacuum and that regard should be had to other relevant instruments of
international law (for example, Emonet and Others v. Switzerland,
no. 39051/03, § 65, 13 December 2007, and Al-Adsani v. the United
Kingdom [GC], no. 35763/97, § 55, ECHR 2001-XI). Thus, in the view of
the Romanian Government, the Chamber was correct to refer to
engagements assumed by Moldova at European level as relevant to its
analysis of the restrictions imposed by Law no. 273. In this regard, the
Romanian Government noted that Moldova had ratified the ECN without
lodging reservations and that the obligation on States to execute in good
faith international treaties to which they were party was a fundamental
principle of international law.
2. The Court’s assessment
131. The Court observes that the Government’s objection ratione
materiae was not previously raised at the admissibility stage and is therefore
a new objection. However, it notes that an objection of incompatibility
ratione materiae is an objection which goes to the Court’s jurisdiction and
points out that the Court is obliged to examine whether it has jurisdiction at
every stage of the proceedings. As a result, the Government cannot be
considered as being estopped from raising such an objection at this stage
(see, mutatis mutandis, Blečić, cited above, § 67).
132. Like the parties, the Court considers that the objection is closely
linked to the merits of the applicant’s complaint. It will therefore deal with
the objection in its examination of the merits below.
D. Conclusion
133. The application cannot be rejected as incompatible ratione
materiae with the provisions of the Convention for failure to exhaust
domestic remedies or for lack of victim status. The Court therefore
dismisses the respondent Government’s preliminary objections, with the
exception of its objection of incompatibility ratione materiae, which is
joined to the merits.
II. ALLEGED VIOLATION OF ARTICLE 3 OF PROTOCOL No. 1
A. The Chamber’s conclusions
134. The Chamber accepted that the impugned provisions were
formulated in clear terms and that they pursued the legitimate aim of