46
TĂNASE v. MOLDOVA JUDGMENT
Moldova sought to regulate elections to such bodies. They highlighted that
ECRI had criticised the distinction as being unjustified (see paragraph 45
above) and invited the Court to accord some weight to this conclusion
(relying on Cobzaru v. Romania, no. 48254/99, §§ 49-50, 26 July 2007).
186. In conclusion, the Romanian Government invited the Court to find
that there was a violation of Article 14 taken in conjunction with Article 3
of Protocol No. 1.
C. The Court’s assessment
187. The Court notes that there is a dispute as to the correct
interpretation of section 21(3) of Law no. 273, the wording of which is
unclear. It considers that both interpretations advanced by the parties are
possible. It is not the role of this Court to rule on the correct interpretation
of domestic legislation, which is a matter for the domestic courts.
188. In the present case, in the light of the Court’s finding that there has
been a violation of Article 3 of Protocol No. 1, the Court concludes that
there is no need to examine separately the applicant’s complaint under
Article 14 of the Convention.
IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION
189. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols
thereto, and if the internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford just satisfaction to
the injured party.”
A. Damage
190. The applicant did not make any claim for pecuniary or nonpecuniary damage.
B. Costs and expenses
191. The applicant submitted a detailed claim for costs amounting to
5,021.83 euros (EUR) in additional costs and expenses of the proceedings
before the Grand Chamber, including the costs of attending the hearing. He
provided receipts. Including costs incurred in respect of the proceedings
before the Chamber, the applicant claimed the sum of EUR 8,881.83 in
total.
192. The Government made no submissions to the Grand Chamber on
the applicant’s claim for costs.