TĂNASE v. MOLDOVA JUDGMENT 41 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.

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