10 TĂNASE v. MOLDOVA JUDGMENT 49. In Resolution 1666 (2009) on the functioning of democratic institutions in Moldova, the Parliamentary Assembly expressed its serious concern: “3. The Assembly is seriously concerned about the Moldovan authorities’ partial compliance with its earlier recommendations regarding the improvement of the electoral process and the strengthening of the State’s democratic institutions before the parliamentary elections of 5 April 2009. The amendments introduced to the Electoral Code in April 2008 raised the electoral threshold from 4% to 6%, did not provide for electoral coalitions of political parties and socio-political organisations and introduced a ban on the exercise of elevated public functions by Moldovan citizens holding multiple nationality. The combined effect of these amendments was to restrict the opportunities for a number of political forces to participate effectively in the political process, thus weakening pluralism.” 50. It called on Moldova to do the following: “8.1. resume reform of the electoral legislation, in cooperation with the European Commission for Democracy through Law (Venice Commission), in order to lower the electoral threshold for political parties, thus opening up the political process for more pluralism; ... 8.2. suspend the application of Articles of the Electoral Code prohibiting people who hold multiple citizenship from exercising elevated public functions, while awaiting the judgment of the Grand Chamber of the European Court of Human Rights in the case of Tănase and Chirtoacă v. the Republic of Moldova.” 4. The European Commission for Democracy through Law (the Venice Commission) 51. On 23 October 2008 the Venice Commission made public a report adopted on 17 to 18 October 2008 (Opinion no. 484/2008) concerning the amendments to the Electoral Code made in April 2008. The report expressed critical views in respect of all the aspects of the reform. As to the amendments concerning holders of multiple nationalities it stated the following: “30. A new paragraph to Article 13 § 2 denies the right to ‘be elected’ in parliamentary elections to ‘persons who have, beside the Republic of Moldova nationality, another nationality for the position of deputy in the conditions of Article 75’. Article 75 § 3 states that a person may stand as a candidate with multiple citizenship, provided he/she upon election denounces other citizenships than the Moldovan. This must be considered as an incompatibility. 31. Beyond the mere question of the wording, restrictions of citizens’ rights should not be based on multiple citizenship. The Code of Good Practice in Electoral Matters quotes the European Convention on Nationality, ratified by Moldova in November 1999, which unequivocally provides that ‘Nationals of a State Party in possession of another nationality shall have, in the territory of that State Party in which they reside, the same rights and duties as other nationals of that State Party’.