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Revision as of 14:58, 23 June 2013 by Someone not using his real name (talk | contribs)(diff) ← Previous revision | Latest revision (diff) | Newer revision → (diff)Tănase v. Moldova (application No. 7/08) was a case decided by the European Court of Human Rights in 2010.
Facts
In 2008, Moldovan electoral law was changed, forbidding persons with multiple citizenship to hold seats in the parliament. This has affected Mr. Alexandru Tănase, representative of the Liberal Democratic Party. Being elected in 2009, he was forced to refuse from Romanian citizenship to take his seat.
He launched a complaint before the ECtHR. Romania was admitted as a third party.
Judgments
In 2008, a Chamber of the Court decided that the provisions of Moldovan law violated Article 3 of Protocol No. 1 of the European Convention on Human Rights. The judgment was appealed by Moldova.
In 2010, the Grand Chamber unanimously found the ineligibility of persons with dual citizenship to violate Article 3 of Protocol No. 1. It left open, whether the prohibition on multiple nationals taking seats in Parliament pursued a legitimate aim.
The Court found the provisions of Law no. 273 preventing elected MPs with multiple nationalities from taking seats in Parliament to be disproportionate and in violation of Article 3 of Protocol No. 1.
References
- ECtHR Grand Chamber judgment - Para. 7
- ECtHR Grand Chamber judgment - Para. 170
- ECtHR Grand Chamber judgment - Para. 180
External links
Further reading
- Timmer A. Tănase v. Moldova: multiple readings of a case concerning multiple nationality Human Rights Centre of the Faculty of Law of Ghent University, 2010
- M. Hamilton (August 2011). "Transition and political loyalties". In Antoine Buyse; Michael Hamilton (eds.). Transitional Jurisprudence and the ECHR: Justice, Politics and Rights. Cambridge University Press. pp. 157–158. ISBN 978-1-139-50111-8.
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