TĂNASE v. MOLDOVA JUDGMENT
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150. The Romanian Government also pointed out that, some seventeen
years after Moldova gained its independence, the respondent Government
asserted a risk to that independence without providing any proof. They
emphasised that no causal link had been established between dual
nationality and the alleged danger to the independence of the State and that
no example had been proffered of a case where a dual national had
committed acts which undermined independence or national security.
151. The Romanian Government also argued that the legislation did not
pursue a legitimate aim. They did not contest that the protection of the
independence and national security of the State could be a legitimate aim
which had to be assessed in the context of the historical and political
background of the State in question. However, they disputed the submission
by the respondent Government that the historico-political situation in
Moldova rendered the aim legitimate in the present case. They further
emphasised that a number of Laws passed between 1991 and 2000 did not
impose a condition of single citizenship for candidacy for certain public
posts. One example was Law no. 720 of 18 September 1991, regulating
presidential elections. The Romanian Government, relying on Ždanoka
v. Latvia ([GC], no. 58278/00, § 135, ECHR 2006-IV) and Ādamsons
v. Latvia (no. 3669/03, § 123, 24 June 2008), argued that even if a condition
of single citizenship could have been justified in the early years following
Moldovan independence, with the passage of time and the consolidation of
democracy, such a condition could no longer be justified. It was therefore
difficult to understand the position of Moldova, which for three parliaments
had allowed multiple citizens to become MPs but which now, some
seventeen years later, considered the possession of another citizenship to
constitute a grave danger to Moldova and assimilated dual nationality with
treason. They argued that the aim of ensuring loyalty to the State should be
realised through the imposition of sanctions for conduct which harms the
national interest and not through restricting access of multiple nationals to
certain public functions.
152. As regards proportionality, the Romanian Government again
emphasised the existence of a minimum European standard which did not
impose a condition of single citizenship for election to Parliament. Further,
the reports published by ECRI and the Venice Commission (see
paragraphs 45 and 51 above), which, as demonstrated by Shtukaturov
v. Russia (no. 44009/05, § 95, ECHR 2008), were a relevant factor of the
Court’s consideration, supported the assertion that there was a common
European standard in electoral matters. Such reports were important both
because of the intrinsic value of the opinion expressed – which was the
opinion of impartial legal experts – and precisely because of the weight
attributed to them by the Court and the other organs of the Council of
Europe.