TĂNASE v. MOLDOVA JUDGMENT
27
the applicant within the meaning of Article 35 of the Convention. He
pointed to the fact that it was inaccessible as it was not open to any citizen
to lodge a complaint and he was not a member of any of the categories of
persons entitled to lodge a complaint until 22 April 2009, when his mandate
as an MP was confirmed. In any event, the applicant had appeared as Mr
Filat’s representative in the proceedings brought before the Constitutional
Court and raised all the issues which had come before this Court. The court
ruled that the Law was constitutional (see paragraph 55 above). To the
extent that the remedy could be considered effective, it had clearly been
exhausted.
(c) The Romanian Government
118. The Romanian Government highlighted that the remedy proposed
by the respondent Government had been raised for the first time in their
submissions to the Grand Chamber. They argued that it was clear from the
Court’s case-law that such objections should be made in submissions on
admissibility. The Romanian Government further noted that the respondent
Government had at their disposal all the facts necessary to have raised this
objection at the admissibility stage and had provided no explanation for
their failure to do so. Accordingly, there were no exceptional circumstances
justifying the delay in advancing this objection and the respondent
Government were therefore estopped from objecting at this stage of the
proceedings.
119. In the event that the Court allowed this objection to be considered
notwithstanding the delay, the Romanian Government contended that the
remedy proposed did not satisfy the requirements of Article 35 of the
Convention. It was not accessible to the applicant because he had no right
directly to address a challenge to the Constitutional Court but had to make a
request through an intermediary, who could choose whether to apply to the
court to have the contested legislation examined.
3. The Court’s assessment
120. The Court reiterates that the purpose of Article 35 § 1 of the
Convention is to afford the Contracting States the opportunity of preventing
or putting right the violations alleged against them before those allegations
are submitted to the Court. Consequently, States are dispensed from
answering for their acts before an international body before they have had
the opportunity to put matters right through their own legal systems (see, for
example, Remli v. France, 23 April 1996, § 33, Reports 1996-II, and
Selmouni v. France [GC], no. 25803/94, § 74, ECHR 1999-V). Under
Article 35 § 1 of the Convention, normal recourse should be had by an
applicant to remedies which are available and sufficient to afford redress in
respect of the breaches alleged. The existence of the remedies in question
must be sufficiently certain not only in theory but also in practice, failing