TĂNASE v. MOLDOVA JUDGMENT
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restricted opportunities for political forces to participate effectively in the
political process and thus weakened pluralism (see paragraphs 47 and 49-50
above).
169. Where the authorities introduce significant restrictions on the right
to vote or stand for election, and in particular where such changes are
introduced shortly before elections take place, it is for the Government to
provide to the Court the relevant evidence to support their claim as to the
intended aim of the impugned measure. Further, in cases such as the
present, where the measure has a significant detrimental effect on the ability
of opposition parties to participate effectively in the political process, the
requirement that the Government produce evidence to demonstrate that the
amendments were introduced for legitimate reasons is all the more pressing.
In the present case, the Government have been unable to provide a single
example of an MP with dual nationality showing disloyalty to the State of
Moldova. Other than brief references in the judgment of the Constitutional
Court to movements to undermine the State of Moldova, very little
explanation at all has been provided for the change in electoral policy.
Further, there would appear to be evidence that the Law is not being
uniformly applied (see paragraph 144 above).
170. In the circumstances, the Court is not entirely satisfied that the aim
of the measure was to secure the loyalty of MPs to the State. It is not,
however, necessary for it to reach a conclusion on this question, in view of
its conclusions concerning the proportionality of the prohibition (see
below). Accordingly, the Court leaves open whether the prohibition on
multiple nationals taking seats in Parliament pursued a legitimate aim.
(c) Proportionality
171. In the first place, the Court observes that very few member States
of the Council of Europe prohibit dual nationals becoming MPs (see
paragraph 87 above). Of the three countries other than Moldova in which a
clear prohibition exists, two do not allow their nationals to hold dual
nationality. Further, none of these three States have signed up to Article 17
of the ECN (see paragraph 89 above). The States of the former Yugoslavia,
most of which have ethnically diverse populations, all allow dual nationality
in at least some circumstances, but none prohibits multiple nationals from
standing for Parliament (see paragraph 92 above).
172. The Court considers that a review of practice across Council of
Europe member States reveals a consensus that where multiple nationalities
are permitted, the holding of more than one nationality should not be a
ground for ineligibility to sit as an MP, even where the population is
ethnically diverse and the number of MPs with multiple nationalities may be
high. However, notwithstanding this consensus, a different approach may be
justified where special historical or political considerations exist which
render a more restrictive practice necessary.