ECHR Grand Chamber will reexamine ban on holding multiple nationality

The Grand Chamber of the European Court of Human Rights (ECHR) accepted the application filed by the Government of Moldova, challenging the decision of the Court’s Fourth Chamber in the case of Tanase and Chirtoaca versus Moldova of November 18, 2008, Info-Prim Neo reports, quoting the Ministry of Justice’s press service. The law allowing only the persons that have exclusively Moldovan nationality to hold high-ranking public posts was challenged by the Mayor of Chisinau Dorin Chirtoaca and jurist and municipal councilor Alexandru Tanase, who both hold Romanian and Moldovan nationalities. On November 18, the ECHR pronounced its judgment in the case of Tanase and Chirtoaca versus Moldova. The Court concluded that the means employed by the Moldovan Government for the purpose of ensuring loyalty of its MPs to the State had been disproportionate, in violation of Article 3 of Protocol No. 1 to the European Convention on Human Rights and Article 17 of the European Convention on Nationality. 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, including MP seats. It said it was surprising because in 2002 and 2003 the Moldovan Parliament had actually adopted legislation allowing Moldovans to hold dual nationality. The High Court recommended that the Government use other methods to make sure that the MPs are loyal towards the state, such as taking of an oath. The Court stressed that in a democracy, loyalty to a State did not necessarily mean loyalty to the actual government of that State or to a particular political party.