TĂNASE v. MOLDOVA JUDGMENT
39
and the non-disclosure of confidential information (see paragraph 56
above). The Deputy Minister of Justice, explaining the aim of the proposed
legislation, said that there may be a conflict of interest in cases where
Moldovan citizens had political and legal obligations towards other States
by virtue of holding a second nationality (see paragraph 39 above).
165. As regards the aim of ensuring loyalty, a concept invoked by all
parties in their submissions before the Court (see paragraphs 137, 144
and 151 above), the Court observes that “loyalty”, as invoked by the parties
to justify the introduction of the prohibition, is not clearly defined and no
explanation of its content has been provided by the parties. However, the
parties appear to agree that loyalty in this context is linked to the existence
and independence of the State and to matters of national security. The oath
of allegiance sworn by Moldovan citizens who acquire Moldovan
nationality by naturalisation or reacquisition further refers to the need to
respect the Constitution and the laws of the State and to refrain from action
which would prejudice the interests and territorial integrity of the State (see
paragraph 76 above).
166. For its part, the Court would distinguish at the outset between
loyalty to the State and loyalty to the government. While the need to ensure
loyalty to the State may well constitute a legitimate aim which justifies
restrictions on electoral rights, the latter cannot. In a democratic State
committed to the rule of law and respect for fundamental rights and
freedoms, it is clear that the very role of MPs, and in particular those
members from opposition parties, is to represent the electorate by ensuring
the accountability of the government in power and assessing their policies.
Further, the pursuit of different, and at times diametrically opposite, goals is
not only acceptable but necessary in order to promote pluralism and to give
voters choices which reflect their political opinions. As the Court has
previously noted, protection of opinions and the freedom to express them is
one of the objectives of the freedoms guaranteed by the Convention, and in
particular Articles 10 and 11. This principle is all the more important in
relation to MPs in view of their essential role in ensuring pluralism and the
proper functioning of democracy (see, regarding the importance of freedom
of expression for political parties in general, Refah Partisi (the Welfare
Party) and Others v. Turkey [GC], nos. 41340/98, 41342/98, 41343/98 and
41344/98, § 88, ECHR 2003-II).
167. As to what loyalty is required from MPs to the State, the Court
considers that such loyalty in principle encompasses respect for the
country’s Constitution, laws, institutions, independence and territorial
integrity. However, the notion of respect in this context must be limited to
requiring that any desire to bring about changes to any of these aspects must
be pursued in accordance with the laws of the State. Any other view would
undermine the ability of MPs to represent the views of their constituents, in
particular minority groups. The Court has previously emphasised that there