42
TĂNASE v. MOLDOVA JUDGMENT
173. The Court emphasises the special position of Moldova, which has a
potentially high proportion of dual nationals and has only relatively recently
become independent. The Court considers that in the light of Moldova’s
history (see paragraphs 11-18 above), there was likely to be a special
interest in ensuring that, upon declaring independence in 1991, measures
were taken to limit any threats to the independence and security of the
Moldovan State in order to ensure stability and allow the establishment and
strengthening of fragile democratic institutions. The Court notes that, of the
other States in the region, a ban in Romania, which allows dual nationality,
on dual nationals sitting as MPs was lifted as recently as 2003. Bulgaria
currently adopts the same approach as Moldova (see paragraph 87 above).
Ukraine continues to prohibit dual nationality (see paragraph 90 above). The
restriction introduced by Law no. 273 must be assessed with due regard to
this special historico-political context and the resultant wide margin of
appreciation enjoyed by the State (see Ždanoka, cited above, § 121).
Accordingly, the Court does not exclude that in the immediate aftermath of
the Declaration of Independence by Moldova in 1991, a ban on multiple
nationals sitting as MPs could be justified.
174. However, the Court considers it significant that the ban was not put
in place in 1991 but in 2008, some seventeen years after Moldova had
gained independence and some five years after it had relaxed its laws to
allow dual citizenship. In the circumstances, the Court considers the
argument that the measure was necessary to protect Moldova’s laws,
institutions and national security to be far less persuasive. In order for the
recent introduction of general restrictions on electoral rights to be justified,
particularly compelling reasons must be advanced. However, the
Government have not provided an explanation of why concerns have
recently emerged regarding the loyalty of dual citizens and why such
concerns were not present when the law was first changed to allow dual
citizenship. The Government argued that the numbers involved – around
one-fifth of current MPs hold or are in the process of applying for a second
nationality – are sufficient to justify the approach taken (see paragraph 140
above). The Court acknowledges that the numbers are significant. However,
it also emphasises that a large proportion of citizens also hold dual
nationality (see paragraphs 26-28 above) and that these citizens have the
right to be represented by MPs who reflect their concerns and political
views.
175. The Court further refers to its judgment in Ādamsons (cited above,
§ 123), in which it noted that with the passage of time, general restrictions
on electoral rights become more difficult to justify. There, the Court
emphasised the need to “individualise” measures, to take account of the
actual conduct of individuals rather than a perceived threat posed by a group
of persons. In the present case, the Court considers that there are other
means of protecting Moldova’s laws, institutions and national security.