TĂNASE v. MOLDOVA JUDGMENT
31
ensuring the loyalty of MPs to the Moldovan State. However, it considered
that the means employed by the Government for the purpose of ensuring the
loyalty of its MPs to the State were disproportionate. There was therefore a
violation of Article 3 of Protocol No. 1.
135. In its assessment of the proportionality of the measure, the
Chamber took into consideration the practice of other member States of the
Council of Europe and other methods available to the Government to ensure
the loyalty of MPs, such as requiring them to swear an oath. It also
considered the provisions of the ECN and the comments of the European
Commission against Racism and Intolerance (ECRI) and the Commission
for Democracy through Law of the Council of Europe (the Venice
Commission) on the new Law. Even in the specific context of Moldova’s
political evolution, the Chamber was not satisfied that the prohibition on
multiple nationals sitting as MPs could be justified, particularly in view of
the fact that such a far-reaching restriction had been introduced
approximately a year or less before the general elections.
B. The parties’ submissions
1. The Moldovan Government
136. The Government explained by way of preliminary remarks that all
that was required under Law no. 273 was that an individual prove that he
had initiated a procedure to renounce the citizenship of any other State (see
paragraph 79 above). Further, as noted above (see paragraph 98), once the
Constitutional Court had confirmed the mandate of an MP, there was no
mechanism whereby the mandate could subsequently be revoked: the Law
made no provision for such a procedure.
137. The Government reiterated its submissions before the Chamber that
the interference was lawful and that it pursued the legitimate aims of
ensuring loyalty, defending the independence and existence of the State and
guaranteeing the security of the State. They pointed to the findings of the
Constitutional Court as to the consistency of Law no. 273 with the
Moldovan Constitution and international conventions (see paragraph 55
above). They contested the Chamber’s conclusion that the measure was not
proportionate, arguing that the Chamber had failed to give adequate weight
to their submissions on the special historical context of Moldova which in
their view necessitated restrictions on those with dual nationality becoming
MPs. They pointed out that when the ECN was ratified in 1999, the number
of Moldovans holding dual nationality was insignificant as it was not
permitted under the law in force at the time (see paragraph 22 above).
Accordingly, no reservation in respect of Article 17 was thought necessary.
They further explained that in 1999, Moldova was not a parliamentary
republic as it is today, but a semi-presidential republic. The legislature