2
TĂNASE v. MOLDOVA JUDGMENT
4. The application was allocated to the Fourth Section of the Court
(Rule 52 § 1 of the Rules of Court). In a joint decision and judgment dated
18 November 2008, a Chamber of that Section, composed of Nicolas
Bratza, Lech Garlicki, Giovanni Bonello, Ljiljana Mijović, Davíd Thór
Björgvinsson, Ledi Bianku and Mihai Poalelungi, judges, and Fatoş Aracı,
Deputy Section Registrar, found, by a majority, the application in respect of
Mr Chirtoacă inadmissible; declared, unanimously, the application in
respect of Mr Tănase admissible; held, unanimously, that there had been a
violation of Article 3 of Protocol No. 1; and found, unanimously, that it was
not necessary to examine separately the complaint under Article 14 taken in
conjunction with Article 3 of Protocol No. 1.
5. On 6 April 2009, following a request by the Government, the panel of
the Grand Chamber decided to refer the case to the Grand Chamber in
accordance with Article 43 of the Convention.
6. The composition of the Grand Chamber was determined according to
the provisions of Article 27 §§ 2 and 3 of the Convention and Rule 24.
Judge Jean-Paul Costa was unable to attend the second deliberations.
Judge Peer Lorenzen took over the presidency of the Grand Chamber in the
examination of the application and Judge Corneliu Bîrsan, first substitute,
became a full member (Rule 11).
7. The remaining applicant, Mr Tănase, and the Government each filed
observations on the merits. In addition, third-party comments were received
from the Romanian Government, which had exercised its right to intervene
(Article 36 § 1 of the Convention and Rule 44 § 1 (b)).
8. A hearing took place in public in the Human Rights Building,
Strasbourg, on 16 September 2009 (Rule 59 § 3).
There appeared before the Court:
(a) for the Government
MR V. GROSU,
(b) for the applicant
Ms J. HANGANU,
(c) for the Romanian Government
MR R.-H. RADU,
MS D. TASE,
MS I. POPESCU,
MS I. CIOPONEA,
Agent;
Counsel;
Agent,
Advisers.
The Court heard addresses by Mr Grosu, Ms Hanganu and Mr Radu.