TĂNASE v. MOLDOVA JUDGMENT
33
143. The applicant reiterated his complaint that Law no. 273 did not
satisfy the requirement of lawfulness because it was inconsistent with the
provisions of the Constitution and the ECN, which was ratified by Moldova
in 1999 and was therefore part of the internal legal order (see
paragraphs 71-73 above).
144. The applicant further alleged that Law no. 273 did not pursue a
legitimate aim because the aim of ensuring loyalty towards Moldova was
not the genuine motivation behind the enactment of the new Law. By way
of example, Mrs Larisa Savga had been reappointed a member of
government following the April 2009 elections, even though it was well
known that she also held Romanian nationality. He also referred to
unconfirmed press reports that the former President of Moldova,
Mr Voronin, had held Russian citizenship while serving as President and
received a pension from Russia. Relying upon conclusions of independent
analysts, the applicant argued that holding dual nationality did not make
Moldovan citizens less patriotic.
145. Finally, the applicant alleged that the Law was disproportionate,
arbitrary and anti-democratic. He argued that the Convention had to be
interpreted in a manner which rendered the rights contained therein practical
and effective. To this end, it had to be read as a whole and in such a way as
to promote internal consistency between its various provisions. Relevant
rules and principles of international law had to be taken into account. Any
emerging consensus among European States was a relevant factor for
consideration by the Court (see Demir and Baykara, cited above, §§ 66-85).
Applying these principles, the applicant concluded that the Court should not
ignore the obligations assumed by the Government under the ECN when
assessing the proportionality of the restrictions under Article 3 of Protocol
No. 1. The same applied to the recommendations and findings of other
international organisations. The applicant also pointed to the fact that
Moldova was the only Council of Europe member State which allowed
multiple nationalities but banned those who were multiple nationals from
standing for national elections. He argued that this demonstrated an absence
of international acceptance for the approach of the Government.
146. The applicant further contended that it was disproportionate of the
Government to restrict the right to sit as an MP to individuals with only
Moldovan nationality in the light of their previous policy of encouraging
Moldovan nationals to acquire other nationalities. The Government had
admitted that a significant number of Moldovans had acquired a second
nationality for social and economic reasons (see paragraph 39 above), a fact
which, in the applicant’s view, rendered their new policy even more
disproportionate. He emphasised that the Government had provided no
example of any threat to the security or independence of Moldova from dual
nationals. In the applicant’s view, the existence of sanctions for treason was
an adequate means of preventing disloyalty. In any case, access to classified