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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