TĂNASE v. MOLDOVA JUDGMENT 39 and the non-disclosure of confidential information (see paragraph 56 above). The Deputy Minister of Justice, explaining the aim of the proposed legislation, said that there may be a conflict of interest in cases where Moldovan citizens had political and legal obligations towards other States by virtue of holding a second nationality (see paragraph 39 above). 165. As regards the aim of ensuring loyalty, a concept invoked by all parties in their submissions before the Court (see paragraphs 137, 144 and 151 above), the Court observes that “loyalty”, as invoked by the parties to justify the introduction of the prohibition, is not clearly defined and no explanation of its content has been provided by the parties. However, the parties appear to agree that loyalty in this context is linked to the existence and independence of the State and to matters of national security. The oath of allegiance sworn by Moldovan citizens who acquire Moldovan nationality by naturalisation or reacquisition further refers to the need to respect the Constitution and the laws of the State and to refrain from action which would prejudice the interests and territorial integrity of the State (see paragraph 76 above). 166. For its part, the Court would distinguish at the outset between loyalty to the State and loyalty to the government. While the need to ensure loyalty to the State may well constitute a legitimate aim which justifies restrictions on electoral rights, the latter cannot. In a democratic State committed to the rule of law and respect for fundamental rights and freedoms, it is clear that the very role of MPs, and in particular those members from opposition parties, is to represent the electorate by ensuring the accountability of the government in power and assessing their policies. Further, the pursuit of different, and at times diametrically opposite, goals is not only acceptable but necessary in order to promote pluralism and to give voters choices which reflect their political opinions. As the Court has previously noted, protection of opinions and the freedom to express them is one of the objectives of the freedoms guaranteed by the Convention, and in particular Articles 10 and 11. This principle is all the more important in relation to MPs in view of their essential role in ensuring pluralism and the proper functioning of democracy (see, regarding the importance of freedom of expression for political parties in general, Refah Partisi (the Welfare Party) and Others v. Turkey [GC], nos. 41340/98, 41342/98, 41343/98 and 41344/98, § 88, ECHR 2003-II). 167. As to what loyalty is required from MPs to the State, the Court considers that such loyalty in principle encompasses respect for the country’s Constitution, laws, institutions, independence and territorial integrity. However, the notion of respect in this context must be limited to requiring that any desire to bring about changes to any of these aspects must be pursued in accordance with the laws of the State. Any other view would undermine the ability of MPs to represent the views of their constituents, in particular minority groups. The Court has previously emphasised that there

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