TĂNASE v. MOLDOVA JUDGMENT
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32. Moreover, this restriction could be a violation of the Convention for the
Protection of Human Rights and Fundamental Freedoms, Articles 3 of [Protocol
No. 1] and 14 of the Convention.”
5. Other international criticism
52. On 27 May 2008, at a meeting of the European Union-Moldova
Cooperation Council in Brussels, the Slovenian Minister for Foreign
Affairs, the then President of the European Union General Affairs and
External Relations Council, stated that it was important that Moldova
conduct its parliamentary elections in 2009 in line with international
standards and expressed concern at the latest amendments to the electoral
law, which increased the electoral threshold to 6%.
53. Concerns about the electoral reform were also raised on 9 July 2008
by the President of the Parliamentary Assembly of the Council of Europe in
a speech to the Moldovan Parliament:
“... I strongly encourage you to obtain the approval by the Venice Commission in
respect of the recent amendments to the legislation which will apply in the next
elections, namely in what concerns the electoral threshold, the electoral blocs and the
dual nationality. These are delicate problems and it is necessary to find the right
balance between the preoccupations which guided you to make these amendments and
the concern of the international community that these amendments are compatible
with the principles of the Council of Europe.”
F. Challenge before the Constitutional Court
54. On 9 December 2008, Mr Vlad Filat, President of the Liberal
Democratic Party, addressed a complaint to the Constitutional Court
alleging that Law no. 273 was unconstitutional.
55. On 26 May 2009 the Constitutional Court delivered a judgment on
the constitutionality of Law no. 273. It found the Law to be constitutional
and valid in its entirety. It held that the provisions of the Law were clear and
unambiguous, that they were accessible in that they were published in the
Official Gazette and that they were foreseeable as they enabled, with
sufficient precision, Moldovan citizens wishing to stand for Parliament but
holding another nationality to adopt appropriate social-minded conduct to
ensure that their rights were not curtailed. It emphasised that Law no. 273
did not prevent dual nationals from becoming MPs as it offered them the
possibility of complying with the law. It further considered the provisions of
the Law to be in conformity with norms of international law, concluding
that the various international instruments permitted States to stipulate
incompatibilities relating to the holding of multiple nationalities by public
officials.
56. The court also found Law no. 273 to be in pursuit of a legitimate
aim, namely loyalty to the Moldovan State, in the light of the importance of