Moldova: Dual citizens cannot be excluded from public offices. A summary of recent court decisions concerning Moldovan-Romanian dual citizenship

by EUDO CITIZENSHIP expert Viorelia Gasca

July 5, 2010

On April 27, 2010 the Grand Chamber of the European Court of Human Rights issued its judgment on the case Tanase versus Moldova (see the link to full text of judgment), forcing Moldova to lift its ban on dual citizens from holding public posts.

The ECHR argued that the measure was disproportionate with the government’s purpose of ensuring loyalty of its Members of Parliament. This is the final judgment on this case. The previous Chamber judgment on 18 November 2008 established that Moldova had to amend the law that bans holders of dual nationality from holding public posts, including seats as MPs.
Moldova was the only Council of Europe member state that tolerates dual nationality but does not allow dual nationals to hold public office or running for elections (see an earlier EUDO CITIZENSHIP news item on this topic).

On 7 December 2007 the Moldovan Parliament adopted a law on dual nationality, banning individuals with dual nationality from holding public posts.

Shortly afterwards, the lawyer Alexandru Tanase, who himself has double Moldovan and Romanian citizenship, brought the Moldovan government to court arguing that the law violated his right to stand as candidate in free elections and to take his seats in parliament if elected.

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Romanian Citizenship Offer to Moldovans: Exaggerated Fears in the European Union

Romania’s recent offer of citizenship to potentially large numbers of Moldovans has caused great concern in the European Union. There are fears that up to 1 million Moldovans might qualify for Romanian citizenship and could then use their free movement rights as EU citizens to migrate to other member states.

Constantin Iordachi (Central European University Budapest) explains for the EUDO citizenship observatory why these fears are exaggerated.

**UPDATE** July 13, 2010: Read the article “Romanian Passports For Moldovans. Entering the EU Through the Back Door” by Der Spiegel International (English)

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