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TĂNASE v. MOLDOVA JUDGMENT
70. Under the Moldovan Constitution, in the light of the failure of the
coalition to elect a president, fresh parliamentary elections will have to be
held.
II. RELEVANT DOMESTIC LAW
A. The position of international treaties in Moldova
71. Article 4 of the Constitution of the Republic of Moldova reads:
“1. Constitutional provisions for human rights and freedoms shall be understood
and implemented in accordance with the Universal Declaration of Human Rights, and
with other conventions and treaties to which the Republic of Moldova is a party.
2. Wherever inconsistencies appear between human rights conventions and treaties
signed by the Republic of Moldova and its own national laws, international
regulations shall prevail.”
72. Article 8 of the Constitution provides that:
“1. The Republic of Moldova is obliged to respect the United Nations Charter and
the treaties to which it is a party ...”
73. The relevant provisions of Law no. 595-XIV on international treaties
of the Republic of Moldova read:
Section 19
Compliance with international treaties
“International treaties shall be complied with in good faith, in accordance with the
principle pacta sunt servanda. The Republic of Moldova cannot invoke the provisions
of its internal legislation as a justification for non-compliance with an international
treaty to which it is a party.”
Section 20
The application of international treaties
“The provisions of the international treaties which, according to their wording, are
susceptible to be applicable without there being need for enactment of special
legislative acts, shall have an enforceable character and shall be directly applied in the
Moldovan law system. For the realisation of other provisions of the treaties, special
normative acts shall be adopted.”
B. The Law on citizenship of the Republic of Moldova
74. According to section 24 of the Law on citizenship of the Republic of
Moldova (Law no. 1024 of 2 June 2000), as amended on 5 June 2003,
multiple nationalities are permitted in Moldova and the acquisition by a