Tănase V. Moldova
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''Tănase v. Moldova'' (application No. 7/08) was a case decided by the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
in 2010.


Background

In 2008, Moldovan electoral law was changed to forbid persons with
multiple citizenship Multiple/dual citizenship (or multiple/dual nationality) is a legal status in which a person is concurrently regarded as a national or citizen of more than one country under the laws of those countries. Conceptually, citizenship is focused on t ...
from sitting in the parliament. That affected
Alexandru Tănase Alexandru Tănase (born 24 February 1971) is a Moldovan politician. He is a former president of the Constitutional Court of the Republic of Moldova. He was Justice Minister in the First Vlad Filat Cabinet, and in the first several months of the ...
, from the Liberal Democratic Party of Moldova. Having been elected in 2009, he was forced to refuse Romanian citizenship to take his seat. He launched a complaint before the Court. 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 was unanswered whether forbidding those with multiple nationalities from taking seats in Parliament pursued a legitimate aim. It found the law to be disproportionate and in violation of Article 3 of Protocol No. 1.ECtHR Grand Chamber judgment - Para. 180
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See also

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Moldova–Romania relations Moldova and Romania have experienced an exceptional relationship since Moldova's independence in 1991. Pan-Romanianism has been a consistent part of Moldovan politics, and was adopted in the Popular Front of Moldova's platform in 1992. Most of M ...
*
Controversy over linguistic and ethnic identity in Moldova A controversy exists over the national identity and name of the native language of the main ethnic group in Moldova. The issue more frequently disputed is whether Moldovans constitute a subgroup of Romanians or a separate ethnic group. While there ...


References


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 * for comparison with similar cases.
ECtHR Chamber judgmentECtHR Grand Chamber judgment
{{DEFAULTSORT:Tanase V. Moldova Article 3 of Protocol No. 1 of the European Convention on Human Rights Moldovan nationality law Elections in Moldova European Court of Human Rights cases decided by the Grand Chamber European Court of Human Rights cases involving Moldova European Court of Human Rights cases involving Romania