Retrieved from http://social.moldova.org/news/echr-moldova-is-the-only-ce-member-that-allows-dual-nationality-but-bans-holders-from-holding-public-posts-165893-eng.html (18 November 2008)
The European Court of Human Rights (ECHR) passed judgment in the case of Tanase and Chirtoaca versus Moldova on November 18. Under its decision, the Government of Moldova is to amend the law that bans holders of dual nationality from holding public posts, including MP seats, within three months.
The High Court recommended that the Government use other methods to make sure that the MPs are loyal towards the state, such as swearing an oath of allegiance. In its decision, the Court said that “in a democratic country, the loyalty towards the state does not mean loyalty towards the government or a certain political party.”
Janeta Hanganu, legal representative for Tanase and Chirtoaca at the ECHR, told a news conference on Tuesday that the High Court rejected Dorin Chirtoaca’s application, saying that it is inadmissible because, as Chirtoaca said earlier, he intends to continue holding the mayoralty and will take part in the 2009 elections only in order to collect votes for his party, PL.
Yet, the Court examined the application of jurist Alexandru Tanase, who is the vice president of PLDM, because “his intention to run in elections and win an MP seat is firm.”
According to the ECHR, Moldova is the only member of the Council of Europe that allows dual nationality, but bans the holders from holding public positions.
No damages were awarded because the applicants did not ask for. Only the court costs will be covered.
On December 7, 2007, the Parliament adopted the law on dual nationality, which bans the persons with dual nationality, including Romanian, from holding public posts. The amendments aroused criticism on the part of the Venice Commission, the OSCE Mission and other international organizations.
On December 27, 2007, Dorin Chirtoaca and Alexandru Tanase submitted an application to the ECHR, complaining that the Government of Moldova violates their rights to be elected as MPs because both of them hold Moldovan and Romanian nationalities.