TĂNASE v. MOLDOVA JUDGMENT
7
39. In an explanatory note to the draft law, the Deputy Minister of
Justice stated:
“Having analysed the current situation in the country in the field of citizenship, we
observe that the tendency of Moldovans to obtain citizenships of other countries is
explained by their desire to obtain privileges consisting of unrestrained travel in the
European Union, social privileges, family reunion, employment and studies.
At the same time, persons holding other nationalities have political and legal
obligations towards those States. This fact could generate a conflict of interest in cases
in which there are obligations both towards the Republic of Moldova and towards
other States, whose national a particular person is.
In view of the above, and with a view to solving the situation created, we consider it
reasonable to amend the legislation in force so as to ban holders of multiple
nationalities from public functions ...
This will not mean, however, that those persons will not be able to work in the
Republic of Moldova. They will be able to exercise their professional activities in
fields which do not involve the exercise of State authority ...”
40. During the debates in Parliament numerous opposition members
requested that the draft law be sent to the Council of Europe for a
preliminary expertise. However, the majority voted against this proposal.
Instead, the opposition was invited to challenge the new Law before the
Constitutional Court of Moldova. No such challenge was made at that time
(but see paragraphs 54-58 below). Numerous MPs from the opposition
argued that the proposed amendment banning multiple nationals from sitting
as MPs was contrary to Article 17 of the European Convention on
Nationality (see paragraphs 83-85 below) but the Deputy Minister of Justice
expressed a contrary view and argued that, in any event, it was open to
Parliament to denounce that Convention if there were any incompatibility.
41. On 7 December 2007 the draft law was approved by Parliament in a
final reading (see paragraph 78 below). Following its adoption by
Parliament, however, the President refused to promulgate the Law and
returned it to Parliament for re-examination.
42. The draft law was accordingly further amended and the list of
positions in the government and in the public service closed to holders of
multiple nationalities was reduced. The provisions concerning legislative
elections were also amended to allow persons with dual or multiple
nationality to be candidates in legislative elections; however, they were
obliged to inform the Central Electoral Commission about their other
nationalities before registering as candidates and to renounce them, or
initiate a procedure to renounce them, before the validation of their MP
mandates by the Constitutional Court (see paragraph 79 below).
43. On 10 April 2008 the new draft law was again put before Parliament
by the Law Commission of Parliament. As noted above, it was adopted on
that date. In the light of the amendments made by Law no. 273, an