Govt. planning to sue ECHR's decision on citizenship law in Grand Chamber

The Moldovan Government may appeal, in the Grand Chamber, the decision on the case “Tanase and Chirtoaca vs. Moldova”, by which the European Court of Human Rights (ECHR) found as unjustified and disproportionate the Moldovan law banning dual citizenship holders to become MPs. The statement has been made Friday by the Government's agent to the ECHR, Vladimir Grosu, Info-Prim Neo reports. “From the legal point of view, that decision has certain aspects worrying me. They are aspects not tackled by the ECHR's jurisprudence and names in terms of the victims – the plaintiffs complained of a draft law, not a law. This inspires us to sue the decision in the Grand Chamber, but the Government will have to decide,” Vladimir Grosu told a news conference. The governmental agent maintains the ECHR does not expressly ask to modify the law, unlike other its decisions. Still Grosu recognizes “in some cases, from the decision, certain amendments to the law may.” He says he'll recommend the Cabinet to reconsider the documents. The Government's representative says the law need not to be modified since the ECHR's decision is not yet in force. It will have to be executed starting February 18, unless it is sued in the Grand Chamber. The barrister of the two plaintiffs, Janeta Hanganu, says “the claim of the governmental agent that the law refers to a draft law is not logical.” “The text of the decision puts it clearly that on May 13, 2008, the law entered force, as the decision was made much later, being published on November 18,” she told Info-Prim Neo. According to the lawyer, the complaint was submitted when the law was voted in final reading. The lawyer says the ECHR never makes statements on the state's obligation to remedy the situation. “The Court establishes the breeches of the European Convention. The ECHR established the law ran counter article 3 of the Protocol 1 to the Convention – the right to be elected,” Hanganu said. She says her clients are not intent to sue the decision in the Grand Chamber: “my understanding is that only the Government is interested in questioning this decision because it does not agree with it”. The recent legal amendments ban the people holding multiple citizenship to accede to public positions. The law was sued by Chisinau's mayor Dorin Chirtoaca and lawyer Alexandru Tanase, a municipal councilor, who hold Romanian citizenship.

Вы используете модуль ADS Blocker .
IPN поддерживается от рекламы.
Поддержи свободную прессу!
Некоторые функции могут быть заблокированы, отключите модуль ADS Blocker .
Спасибо за понимание!
Команда IPN.