6
TĂNASE v. MOLDOVA JUDGMENT
introduced for electoral blocs composed of two parties, rising to 12% for
three or more parties.
33. In the 2005 elections, out of twenty-three participating parties, the
Christian Democratic People’s Party was again the only party, besides the
Communist Party, which managed to clear the electoral threshold by itself
with some 9% of the vote. Three other parties, united into an electoral bloc,
obtained some 28% of the vote, while the Communist Party obtained almost
46% of the vote. After the proportional distribution of the wasted votes, the
Communist Party obtained 56 of the 101 seats in Parliament.
34. In July 2005, following persistent criticism by international
observers and the Council of Europe, Parliament again amended the
Electoral Code, setting the electoral threshold for individual parties at 4%
and for electoral blocs composed of any number of parties at 8%. The
European Commission for Democracy through Law of the Council of
Europe (the Venice Commission) and the Organization for Security and
Co-operation in Europe (OSCE) praised the lowering of the electoral
threshold for individual parties and suggested a similar threshold for
electoral blocs, which, in their view, were to be encouraged in order to
provide more cooperation and stable government.
35. In the local elections of June 2007, the Communist Party obtained
some 40% of the vote in the local legislative bodies. As there is no electoral
threshold in local elections, it became an opposition party in the majority of
the local councils. The applicant became a member of the Chişinău
Municipal Council following these elections.
36. The applicant was subsequently elected Vice-President of the Liberal
Democratic Party, an opposition party created in January 2008.
D. The 2008 electoral reform
37. On 10 April 2008 the Moldovan Parliament passed a reform
consisting of three major amendments to the electoral legislation: an
increase of the electoral threshold from 4% back to 6%; a ban on all forms
of electoral blocs and coalitions; and a ban on persons with dual or multiple
nationality becoming MPs.
38. The amendment banning those with dual or multiple nationalities
becoming MPs was introduced by way of Law no. 273 (see paragraphs 7880 below). This Law was approved in its first reading by Parliament on
11 October 2007. The draft, prepared by the Ministry of Justice, provided
that only persons having exclusively Moldovan citizenship were entitled to
work in senior positions in the government and in several public services
and be candidates in legislative elections (see paragraph 78 below). It
contained a specific provision relating to Transdniestria (see paragraphs 8081 below).