CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 18 novembre 2008

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text-align:justify } .s127C7598 { margin-top:0pt; margin-left:17pt; margin-bottom:0pt; text-indent:-17pt; text-align:justify } .sD66C1369 { margin-top:0pt; margin-left:17.3pt; margin-bottom:0pt; text-align:justify } .s308FBE0C { margin-top:0pt; margin-left:17.3pt; margin-bottom:12pt; text-align:justify } .s48DB3670 { margin-top:12pt; margin-bottom:36pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s7CB9076 { margin-top:36pt; margin-bottom:0pt; page-break-inside:avoid; page-break-after:avoid } .s5877D727 { width:30.27pt; display:inline-block } .sC870B29 { width:188.64pt; display:inline-block } .s576DFC5F { width:15.93pt; display:inline-block } .sAA5C5B93 { width:187.63pt; display:inline-block }       FOURTH SECTION           CASE OF TĂNASE AND CHIRTOACĂ v. MOLDOVA   (Application no. 7/08)                 JUDGMENT       STRASBOURG   18 November 2008     THIS CASE WAS REFERRED TO THE GRAND CHAMBER WHICH DELIVERED JUDGMENT IN THE CASE ON 27/04/2010   This judgment may be subject to editorial revision. In the case of Tănase and Chirtoacă v. Moldova , The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:   Nicolas Bratza, President,   Lech Garlicki,   Giovanni Bonello,   Ljiljana Mijović,   David Thór Björgvinsson,   Ledi Bianku,   Mihai Poalelungi, judges, and Fatoş Aracı, Deputy Section Registrar , Having deliberated in private on 21 October and 4 November 2008, Delivers the following judgment, which was adopted on the last ‑ mentioned date: PROCEDURE 1.     The case originated in an application (no. 7/08) against the Republic of Moldova lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by two Moldovan and Romanian nationals, Mr Alexandru Tănase and Mr Dorin Chirtoacă (“the applicants”), on 27 December 2007. 2.     The applicants were represented by Ms Janeta Hanganu, a lawyer practising in Chişinău. The Moldovan Government (“the Government”) were represented by their Agent, Mr Vladimir Grosu. 3.     The applicants alleged, in particular, a breach of their right to stand as candidates in free elections and to take their seats in Parliament if elected, thus ensuring the free expression of the opinion of the people in the choice of legislature as guaranteed by Article 3 of Protocol No. 1 to the Convention. They also complained under Article 14 taken together with Article 3 of Protocol No. 1. 4.     On 17 June 2008 a Chamber of the Fourth Section of the Court to which the case had been allocated decided, in view of the forthcoming legislative elections in Moldova, to give priority to the application (Rule   41 of the Rules of Court) and communicated it to the Government. Under the provisions of Article 29 § 3 of the Convention, the Chamber decided to examine the merits of the application at the same time as its admissibility. 5.     The parties submitted observations in writing and subsequently replied to each other's observations. In addition, third-party comments were received from the Romanian Government, who had exercised their right to intervene (Article 36 § 1 of the Convention and Rule 44 § 1(b)). The parties replied to those comments (Rule 44 § 5). THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 6.     The applicants were born in 1971 and 1978 respectively and live in Chişinău. They are both Romanian ethnics and Moldovan politicians. A.     Historical background as submitted by the applicants 7 .     The Republic of Moldova is situated on a territory which used to be part of Romania before World War II. Its population had Romanian citizenship but lost it after the annexation of the territory by the Soviet Union in 1940. 8.     In the Declaration of Independence of 27 August 1991, the Parliament of the Republic of Moldova condemned, inter alia , the Soviet annexation of the territory from Romania in 1940 and proclaimed the independence of the country within the boundaries of the former Moldavian Soviet Socialist Republic. 9.     In 1991 the Parliament of the Republic of Moldova adopted a Law on Moldovan nationality and proclaimed as its citizens, inter alios , all persons who had lived in the territory of the former Moldavian Soviet Socialist Republic before the Soviet annexation and their descendants. 10.     Both applicants obtained Moldovan nationality as descendants of persons living on the territory of the Republic of Moldova before 28 June 1940. 11.     Also in 1991 the Romanian Parliament adopted a new law on citizenship making it possible for former Romanian nationals and their descendants who had lost their nationality before 1989, for reasons not ‑ imputable to them, to re-acquire their lost Romanian nationality. 12.     Initially Moldova did not allow its nationals to possess other nationalities other than in exceptional cases. However, the prohibition remained inoperative as very many Moldovans, especially of Romanian descent, used the provisions of Romanian law to re-acquire their lost Romanian nationality. At the same time, many Moldovans, usually of other ethnic backgrounds, acquired other nationalities such as Russian, Ukrainian, Bulgarian, Turkish and others. 13 .     In 2002 the constitutional provisions prohibiting multiple nationality were repealed. On 5 June 2003 the Moldovan Parliament amended the Law on Citizenship and repealed the restriction preventing Moldovan nationals from holding other nationalities (see paragraph 43 below). According to the amendments, the holders of multiple nationality have equal rights to those holding only Moldovan nationality, without exception. 14.     On unspecified dates the applicants obtained Romanian nationality. Their current Romanian passports were issued in December 2005 and October 2006. Subsequently, they made public their holding of Romanian nationality. 15 .     The total number of Moldovans who have obtained Romanian citizenship since 1991 is unknown as the Romanian Government have never made it public. It has been estimated that between 95,000 and 300,000   Moldovans obtained Romanian nationality between 1991 and 2001. 16.     On 4 February 2007 the President of Romania stated in an interview that there were some eight hundred thousand Moldovans with pending applications for Romanian nationality and that his Government expected the number to reach 1.5 million, of the total of 3.8 million Moldovans, before the end of 2007. 17 .     As to the number of Moldovans holding as a second nationality other nationalities than Romanian, this figure is equally unknown. However, it appears to be considerable and it appears that Russian nationality is the second most popular after Romanian. On 16 September 2008 the Russian Ambassador to Moldova stated in a televised interview that there were approximately one hundred and twenty thousand Moldovans with Russian passports on both banks of the Dniester river. The Moldovan Government indicated in their observations that one third of the population of Transdniestria had dual nationality while a Communist MP, Mr V. Mişin, advanced during the Parliament's debates concerning Law No. 273 (see paragraph 30 below) the number of five hundred thousand as an approximate total number of Moldovans with dual nationality. B.     Overview of the recent political evolution of Moldova as submitted by the applicants 18.     During the last decade the Communist Party of Moldova was the dominant political party in the country with the largest representation in Parliament. 19.     Beside the Communist Party, there are over twenty-five other political parties with considerably less influence. Their exact number is difficult to tell because of continuous fluctuation.   Because of their weaker position, very few of them managed to clear the six per cent electoral threshold in the past legislative elections and to enter Parliament. 20.     In the 2001 elections the Christian Democratic People's Party was the only party, besides the Communist Party, from the twenty-seven participants in the elections, which succeeded in clearing alone the electoral threshold by obtaining some eight per cent of the votes. Six other parties which merged into an electoral block (a common list) were able to obtain some thirteen per cent of the votes. The Communist Party obtained some fifty per cent of the votes and after the proportional distribution of the wasted votes it obtained seventy-one of the one hundred and one seats. 21.     In 2002 the electoral legislation was amended. The six per cent electoral threshold was kept while a new nine per cent threshold was provided for electoral blocks composed of two parties and twelve per cent for those composed of three or more parties. 22 .     In the 2005 elections out of twenty-three participants, the Christian Democratic People's Party was again the only party, besides the Communist Party, which managed to clear the electoral threshold by itself with some nine per cent of the votes. Three other parties, united into an electoral block, obtained some twenty-eight per cent of the votes while the Communist Party obtained almost forty-six per cent of the votes. After the proportional distribution of the wasted votes, the Communist Party obtained fifty-six of the one hundred and one seats in the Parliament. 23 .     In July 2005, following persistent criticism by international observers and the Council of Europe, the Parliament amended the Electoral Code, setting the electoral threshold for parties at four per cent and for electoral blocks at eight per cent. The Commission for Democracy through Law of the Council of Europe (“the Venice Commission”) and the Organisation for Security and Cooperation in Europe (“OSCE”) praised the lowering of the electoral threshold and suggested a similar threshold for electoral blocks, which, in their view, were to be encouraged in order to provide more cooperation and stable government. 24.     In the local elections of June 2007, the Communist Party obtained some forty per cent of the votes in the local legislative bodies. Since there is no electoral threshold in local elections, it became an opposition party in the majority of the local councils. 25.     The mandate of the current Parliament expires on 5 March 2009. According to the Electoral Code the next general elections are to take place within three months from the expiry of the mandate of the current Parliament; however, the exact date of the next elections is unknown on the date of this judgment. C.     The applicants' political activity 26.     In 2005 Mr Chirtoacă became the Vice-President of the Liberal Party, an opposition party, and in June 2007, in a confrontation with a candidate of the Communist Party, won the local elections in the capital city of Chişinău with a majority of 61.17% and became mayor. 27 .     On 18 June 2008 Mr Chirtoacă declared in an interview that he would actively participate in the legislative elections of spring 2009 but that he would not give up his position of mayor of Chişinău even if he was elected. He made it clear that his sole intention was to help his party gather more votes in the elections and remain mayor afterwards. The holding of a dual mandate is prohibited in the electoral law of Moldova. On 1   September 2008 Mr Chirtoacă reiterated in an interview his intention to participate in the legislative elections without repeating that he would keep his position of mayor after the elections. However, on 13 October 2008 he made a statement similar to that of 18 June. 28.     Mr Tănase is a lawyer who entered politics recently. In June 2007 he became member of the Chişinău Municipal Council and subsequently was elected Vice-President of the Liberal Democratic Party, an opposition party created in January 2008. D.     The latest electoral reform 29 .     On 10 April 2008 the Moldovan Parliament carried out a reform consisting of three major amendments to the electoral legislation: an increase of the electoral threshold from four per cent back to six per cent, a ban on all forms of electoral blocks and coalitions and a ban on persons with dual or multiple nationality becoming members of Parliament. 30 .     The latter amendment to the electoral legislation (Law no. 273) was adopted in its first reading by Parliament long before that date, on 11   October 2007. According to the draft law prepared by the Ministry of Justice, only persons having exclusively Moldovan citizenship were entitled to work in senior positions in the government and in several public services and be candidates in legislative elections. This provision was not applicable to persons living in Transdniestria. In an explanatory note to the draft the Vice-Minister of Justice stated: “Having analysed the current situation in the country in the field of citizenship, we observe that the tendency of Moldovans to obtain citizenships of other countries is explained by their desire to obtain privileges consisting of unrestrained travel in the European Union, social privileges, family reunion, employment and studies. At the same time, persons holding other nationalities have political and legal obligations towards those states. This fact could generate a conflict of interest in cases in which there are obligations both towards the Republic of Moldova and towards other states, whose national a particular person is. In view of the above, and with a view to solving the situation created, we consider it reasonable to amend the legislation in force so as to ban holders of multiple nationalities from public functions... This will not mean, however, that those persons will not be able to work in the Republic of Moldova. They will be able to exercise their professional activities in fields which do not involve the exercise of state authority...” 31 .     During the debates in Parliament numerous opposition members requested that the draft be sent to the Council of Europe for a preliminary expertise. However, the majority voted against this proposal. In exchange, the opposition was invited to challenge the new law before the Constitutional Court of Moldova. No such challenge was made. Numerous MPs from the opposition argued that the proposed amendment was contrary to Article 17 of the European Convention on Nationality but the Vice-Minister of Justice expressed a contrary view and argued that, in any event, it was open to Parliament to denounce that Convention if there were any incompatibility. 32.     On 7 December 2007 the draft law in question was adopted by Parliament in a final reading (see paragraph 44 below); however, later the President of the country refused to promulgate it and returned it to Parliament for re-examination. 33.     The draft law was further amended and the list of positions in the government and in the public service closed to holders of multiple nationality was reduced. The provisions concerning legislative elections were also amended in the sense that persons with dual or multiple nationality are allowed to be candidates in legislative elections; however, they are obliged to inform the Central Electoral Commission about their other citizenships before registering as candidates and give them up before the validation of their MP mandates by the Constitutional Court (see paragraph 45 below). 34 .     On 10 April 2008 the new draft law was again put before Parliament by the Law Commission of Parliament and adopted. On 29 April 2008 the President promulgated it and on 13 May 2008 it was published in the Official Gazette, thus entering into force. The other two amendments to the electoral legislation were also enacted and entered into force in May 2008. E.     International reactions to the electoral reform 35 .     On 29 April 2008 the Council of Europe's Commission against Racism and Intolerance (“ECRI”) made public a report dated 14 December 2007 in which it expressed concern in respect of the amendments concerning dual and multiple nationalities: “16.     ECRI notes with interest that Article 25 of the Law on Citizenship, in full accordance with Article 17 of the European Convention on Nationality, which has been ratified by Moldova, provides that Moldovan citizens who are also citizens of another State and who have their lawful and habitual residence in Moldova enjoy the same rights and duties as other Moldovan citizens. In this respect, ECRI would like to express its concern about a draft law on the modification and completion of certain legislative acts adopted in its first reading by Parliament on 11 October 2007. According to this draft law, only persons having exclusively Moldovan citizenship are entitled to work in senior positions in the government and in several public services. From the information it has received, ECRI understands that if this draft law enters into force as it stands, Moldovan citizens with multiple citizenship would be seriously disadvantaged compared with other Moldovan citizens in access to public functions. It thus appears that, if the law enters into force as such, this could lead to discrimination, i.e. unjustified differential treatment on the grounds of citizenship. ECRI understands that a wide-ranging debate is occurring within Moldova at the time of writing this report as far as this draft law is concerned and that many sources both at the national and international level have stressed the need to revise the text thoroughly before its final adoption in order to ensure its compatibility with national and international standards. ... 18.     ECRI strongly recommends that the Moldovan authorities revise the draft law of 11 October 2007 ... in order to ensure that it neither infringes the principle of non-discrimination on the grounds of citizenship nor undermines all benefits of the recent changes made to the law on citizenship and allowing for multiple citizenship.” 36.     On 27 May 2008 the head of the EU-Moldova Cooperation Council, Slovenian Foreign Minister, Dr Rupel, stated that it was important that Moldova should conduct its parliamentary elections in 2009 in line with international standards and expressed concern at the latest amendments to the electoral law, which increased the electoral threshold to six per cent. 37 .     In a report dated 9 June 2008, the Parliamentary Assembly's Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe stated, inter alia , that: “20.     The Assembly appreciates the efforts made by the Moldovan authorities in order to assess the degree of implementation of the recommendations made by Council of Europe experts. However, all new draft legislation in areas relating to the commitments to the Council of Europe must be submitted to expertise and discussed with Council of Europe experts prior to adoption. ... 80.     In their 2007 report on the honouring of obligations and commitments by Moldova (Doc. 11374), the co-rapporteurs of the Committee on Moldova welcomed the changes made to the Electoral Code in 2005. In particular, the threshold for party lists was lowered to 4% for lists presented by individual political parties and 8% for coalitions of political parties... 82.     The Monitoring Committee was ... alarmed by the recent legislative developments with regard to the Electoral Code. In April 2008, the Moldovan Parliament amended the Electoral Code again to raise the threshold for party lists up to 6%. Moreover, the establishment of “electoral blocs” – joint lists submitted by a coalition of political parties - was prohibited. These measures have raised concern and the committee decided at short notice to hold an exchange of views with the Moldovan delegation on 15 April. The electoral legislation should not be changed every two or three years according to political imperatives. It should allow a wide spectrum of political forces to participate in the political process to help build genuinely pluralistic democratic institutions. The co-rapporteurs will closely examine the recent amendments as well as the reasons behind the recent legislative developments during the observation of the preparation of the forthcoming parliamentary election to be held in spring 2009.” 38.     Concern was also expressed in the Parliamentary Assembly's Resolution No. 1619 adopted on 25 June 2008: “The Assembly ... regrets the recent decision of the Moldovan Parliament to raise this threshold for party lists to 6%”. 39.     The problem of the electoral reform was also raised on 9 July 2008 by the President of the Parliamentary Assembly of the Council of Europe, Mr Lluís Maria de Puig, in a speech to the Moldovan Parliament: “...I strongly encourage you to obtain the approval by the Venice Commission in respect of the recent amendments to the legislation which will apply in the next elections, namely in what concerns the electoral threshold, the electoral blocks and the dual nationality. These are delicate problems and it is necessary to find the right balance between the preoccupations which guided you to make these amendments and the concern of the international community that these amendments are compatible with the principles of the Council of Europe.” 40 .     On 23 October 2008 the Venice Commission made public a report concerning the amendments to the Electoral Code made in April 2008. The report expressed critical views in respect of all the aspects of the reform. As to the amendments concerning holders of multiple nationality it stated the following: “30.     A new paragraph to article 13(2) denies the right to “be elected” in parliamentary elections to “persons who have, beside the Republic of Moldova nationality, another nationality for the position of deputy in the conditions of Art. 75”. Article 75(3) states that a person may stand as a candidate with multiple citizenship, provided he/she upon election denounces other citizenships than the Moldovan. This must be considered as an incompatibility. 31.     Beyond the mere question of the wording, restrictions of citizens' rights should not be based on multiple citizenship. The Code of Good Practice in Electoral Matters quotes the European Convention on Nationality, ratified by Moldova in November 1999, which unequivocally provides that 'Nationals of a State Party in possession of another nationality shall have, in the territory of that State Party in which they reside, the same rights and duties as other nationals of that State Party.' 32.     Moreover, this restriction could be a violation of the Convention for the Protection of Human Rights and Fundamental Freedoms, articles 3 of the first Protoc ol and 14 of the Convention. ” II.     RELEVANT DOMESTIC LAW 41.     The relevant provisions of the Constitution of the Republic of Moldova read: Article 8. Compliance with international treaties (1)     The Republic of Moldova is obliged to respect the United Nations Charter and the treaties to which it is a party... Article 38. The right to vote and to be elected (3)     The right to be elected is guaranteed to Moldovan citizens who enjoy the right to vote, within the conditions of the law. Article 39. The right to participate in the administration (1)     The citizens of Moldova shall have the right to participate in the administration of public affairs in person or through their representatives. (2)     Every citizen shall have access, in accordance with the law, to public functions. 42 .     According to Article 38 of the Code of Constitutional Jurisdiction of the Republic of Moldova the Constitutional Court may be seized only by the President of the country, the Government, the Minister of Justice, the Supreme Court of Justice, the Economic Court, the Prosecutor General, the MPs, the parliamentary factions and the ombudsman. 43 .     According to section 24 (1 and 3) of the Law on Moldovan Citizenship, as amended on 5 June 2003, multiple nationality is permitted in Moldova and the obtaining by a Moldovan national of another nationality does not entail loss of the Moldovan nationality. 44 .     The relevant provisions of Law no. 273 adopted by Parliament on 7   December 2007, but not promulgated by the President, read: Section X “Candidates for the office of MP shall be at least eighteen years old on the day of the elections, shall have exclusively Moldovan citizenship, shall live in the country and shall fulfil the conditions provided for in the present code.” 45 .     The relevant provisions of Law no. 273, which entered in force on 13 May 2008, provide as follows: Section IX “(1)     Candidates for the office of MP shall be at least eighteen years old on the day of the elections, shall have Moldovan citizenship, shall live in the country and shall fulfil the conditions provided for in the present code. (2)     At the moment of registering as a candidate, any person holding the citizenship of another country shall declare that he or she holds another citizenship or that he or she has applied for another citizenship. (3)     At the time of validation of the MP mandate, the person indicated in paragraph (2) shall prove with documents that he or she has renounced or initiated the procedure of renunciation of the citizenship of other States or that he or she has withdrawn an application to obtain another citizenship. (4)     A failure to declare the fact of holding another citizenship at the moment of registering as a candidate for the office of MP or the fact of obtaining another citizenship during the exercise of a MP mandate, shall be sufficient grounds for the Constitutional Court to annul the MP mandate at the request of the Central Electoral Commission.” Section XXI (3)     The incompatibilities provided for in the present law shall apply to persons living in Transdniestria only in so far as they are stipulated in the legislation concerning the special legal status of Transdniestria. 46 .     The relevant provisions of Law No. 595 concerning the International Treaties of the Republic of Moldova, in so far as relevant read: Section 19. Compliance with international treaties “International treaties shall be complied with in good faith, in accordance with the principle pacta sunt servanda . The Republic of Moldova cannot invoke the provisions of its internal legislation as a justification for non-compliance with an international treaty to which it is a party. Section 20. The application of international treaties The provisions of the international treaties which, according to their wording, are susceptible to be applicable without there being need for enactment of special legislative acts, shall have an enforceable character and shall be directly applied in the Moldovan law system. For the realisation of other provisions of the treaties, special normative acts shall be adopted.” III.     ACTIVITY OF THE COUNCIL OF EUROPE 47 .     The relevant provisions of the European Convention on Nationality, which entered into force in general and in respect of Moldova on 1   March 2000, provide: Preamble “Recognising that, in matters concerning nationality, account should be taken both of the legitimate interests of States and those of individuals; ... Noting the varied approach of States to the question of multiple nationality and recognising that each State is free to decide which consequences it attaches in its internal law to the fact that a national acquires or possesses another nationality;” Article 15 – Other possible cases of multiple nationality The provisions of this Convention shall not limit the right of a State Party to determine in its internal law whether: a. its nationals who acquire or possess the nationality of another State retain its nationality or lose it; b. the acquisition or retention of its nationality is subject to the renunciation or loss of another nationality. Article 17 – Rights and duties related to multiple nationality “Nationals of a State Party in possession of another nationality shall have, in the territory of that State Party in which they reside, the same rights and duties as other nationals of that State Party. The provisions of this chapter do not affect: the rules of international law concerning diplomatic or consular protection by a State Party in favour of one of its nationals who simultaneously possesses another nationality; the application of the rules of private international law of each State Party in cases of multiple nationality.” 48 .     The Explanatory Report to the Code of Good Practice in Electoral Matters of the Venice Commission of the Council of Europe (CDL-AD (2002) 23 rev), in so far as relevant, reads: “63.     Stability of the law is crucial to credibility of the electoral process, which is itself vital to consolidating democracy. Rules which change frequently – and especially rules which are complicated – may confuse voters. Above all, voters may conclude, rightly or wrongly, that electoral law is simply a tool in the hands of the powerful, and that their own votes have little weight in deciding the results of elections. 64.     In practice, however, it is not so much stability of the basic principles which needs protecting (they are not likely to be seriously challenged) as stability of some of the more specific rules of electoral law, especially those covering the electoral system per se, the composition of electoral commissions and the drawing of constituency boundaries. These three elements are often, rightly or wrongly, regarded as decisive factors in the election results, and care must be taken to avoid not only manipulation to the advantage of the party in power, but even the mere semblance of manipulation. 65.     It is not so much changing voting systems which is a bad thing – they can always be changed for the better – as changing them frequently or just before (within one year of) elections. Even when no manipulation is intended, changes will seem to be dictated by immediate party political interests. ...under the European Convention on Nationality persons holding dual nationality must have the same electoral rights as other nationals.” 49 .     The Court, having conducted a comparative review of the legislations of forty-two countries, members of the Council of Europe, noted that the majority of them permit dual or multiple nationalities. In some of the countries which ban double nationality, in practice the provisions aimed at preventing multiple nationalities have remained a dead letter (for instance Estonia). There are four countries in which beside a ban on dual nationality, there is a supplementary provision in the electoral laws or Constitutions banning persons with other nationalities from being elected to Parliament. Those countries are Azerbaijan, Bulgaria, Lithuania and Malta. There are two countries in which dual nationals are ineligible for election to Parliament only in certain circumstances: as Monaco and Portugal. In Monaco persons who possess dual nationality and occupy in a foreign country a public or elected office are ineligible to stand as a candidate. In Portugal, beside the main territory of the country there are two constituencies, one covering the territory of the European countries, and the other covering all other countries and the territory of Macao. A Portuguese national holding, for instance, the nationality of France, will not be able to stand for Parliament in the constituency covering the territory of the European countries. However, he will be able to stand in the other two constituencies. THE LAW 50.     The applicants alleged that the ban preventing Moldovan nationals holding other nationalities from being elected to Parliament interfered with their right to stand as candidates in free elections and to take their seats in Parliament if elected, thus ensuring the free expression of the opinion of the people in the choice of legislature. They relied on Article   3 of Protocol No.   1, which provides: “The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.” 51.     They also complained under Article 14 taken together with Article 3 of Protocol No. 1 that they had been subjected to discrimination in comparison with other Moldovan nationals holding dual nationality and living in Transdniestria. They relied on Article 14 of the Convention, which provides: “The enjoyment of the rights and freedoms set forth in [the] Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.” I.     ADMISSIBILITY OF THE COMPLAINTS A.     Victim Status 1.     Submissions of the parties (a)     The Moldovan Government's arguments 52.     The Government argued that the applicants could not claim to be victims within the meaning of Article 34 of the Convention and that their application amounted to an actio popularis . 53.     In the first place, the applicants had lodged their application with the Court long before the law in question was promulgated by the President and entered into force. Accordingly, the disputed law could not have had any negative effects for the applicants at that time. The more so as the electoral campaign in Moldova had not yet started. 54.     Secondly, the disputed legislation did not present any risk or disadvantage to the applicants even now, after its enactment. In this connection, the Government argued that there was no sufficiently direct connection between the applicants and the detriment they alleged they would suffer as a result of the new legislation. Neither the Liberal Party nor the Liberal Democratic Party, whose vice-presidents the applicants are, had ever participated in legislative elections. The Liberal Party had participated in the 2007 local elections and obtained a very modest result nationwide while the Liberal Democratic Party had not participated even in local elections. 55 .     Moreover, the applicants had not substantiated their intentions to run for Parliament in the 2009 elections and had not provided any evidence to show that their respective parties intended to put their names on the lists of candidates. The letters from their respective parties (see paragraph 59 below) did not prove such an intention as the parties were biased in the applicants' favour and would issue any letter to them for the purposes of their case before the Court. However, even assuming the validity of the letters, their parties could change their mind at any time. Moreover, according to the Government, the president of the Liberal Democratic Party had a personal interest in the case because he was also a Romanian national. 56.     A further proof of the actio popularis character of the application was Mr Chirtoacă's statement of June 2008. As to his statement of 1   September 2008, the Government argued that it did not reflect his real intentions and that it had been made strictly for the purpose of this case, three days before the applicants' deadline for submitting their observations to the Court (see paragraph 27 above). 57.     As to Mr Tănase, the Government submitted that in any event it was not clear whether he qualified to participate in the legislative elections because according to his Romanian passport he had his residence in Romania, while the Moldovan electoral legislation provided that only persons domiciled in Moldova could participate in legislative elections. 58.     Lastly, the Government submitted that in any event the applicants could not complain about a hypothetical future violation but only about past violations. So they had to wait until after the legislative elections of spring 2009 before lodging their application. (b)     The applicants' arguments 59 .     The applicants disputed the Government's submissions regarding their victim status.   Referring to the contention that they had failed to prove the intention of their respective parties to include them on the lists of candidates, they submitted two letters in which the presidents of the Liberal Party and of the Liberal Democratic Party confirmed the parties' intention to include both applicants on the list of candidates. 60.     Referring to Mr Chirtoacă's statement of June 2008 in which he told the press that he would participate in the legislative elections but would keep his position of mayor irrespective of the results of the elections, the applicants argued that such a statement was only logical in circumstances in which the law did not allow them to become MPs but only to participate in elections. The applicants pointed to another interview of 1 September 2008 in which Mr Chirtoacă had reiterated his intention to participate in the elections but not the intention to remain mayor after elections. 61.     As to the Government's submission concerning Mr Tănase's residence, the applicants argued that his habitual residence was clearly in Chişinău. He possessed property only in Chişinău and shared it with his wife and children. His children attended school in Chişinău. He was a member of the Chişinău Municipal Council and since his election in June 2007 had never missed a meeting of the Council. He was regularly present in the local media. According to the stamps in his passport, during the last three years he had spent only twenty-eight days in Romania. 62.     The applicants submitted that the fact that their parties had never participated in legislative elections did not mean that they were barred from doing so in the future. Moreover, the Liberal Democratic Party, having been created in January 2008, had not even had an opportunity to participate in elections. In any event, according to the applicants, both parties had good chances of entering Parliament in 2009. 63.     Referring to the Government's contention that the application was introduced before the disputed legislation entered into force and that they had to wait until after the elections before they could consider themselves victims under the Convention, the applicants argued that the legislation was in force at the date of communication of the case and that waiting until after the elections would render illusory the protection which the Court would be able to afford. In the latter respect, they cited the Court's case-law according to which the Convention protects rights which are practical and effective not theoretical and illusory. 64.     The applicants referred to the Court's case-law according to which a person may contend that a law violates his or her rights even in the absence of an individual measure of implementation, if he or she is required either to modify his or her conduct or risk being prosecuted or if he or she is a member of a class of people who risk being directly affected by the legislation. In this respect, the applicants submitted that they had not simply complained about a law which they thought was not good, but they had raised objections about the effects of that law on their own lives. They clearly intended to participate in the forthcoming legislative elections and become MPs and the law in question prevented them from so doing because of their dual citizenship. Romanian nationality was very important for them as it was the nationality of their parents and grandparents and they were not ready to give it up. Therefore, they ran the risk of being directly affected by the impugned legislation in the near future. (c)     Observations of the Romanian Government 65.     The Romanian Government endorsed the applicants' position. According to them, the applicants' situation resembled very much that of two female applicants in Open Door and Dublin Well Woman v. Ireland, 29   October 1992, §   44, Series   A no.   246 ‑ A found by the Court to be victims of a domestic court injunction restraining the corporate applicants from providing certain information to pregnant women. 66.     Referring to the statements of Mr Chirtoacă that he would not give up his position of mayor even if elected (see paragraph 27 above), the Romanian Government submitted that this was merely a political declaration but not a manifestation of will implying concrete effects. 67.     The Romanian Government further argued that the protection of the Court would be illusory if the applicants were expected to wait until after the elections, when they would be directly affected by the impugned legislation, before lodging an application. 68.     Finally, the Romanian Government contested the respondent Government's submissions that Mr Tănase did not have his residence in Moldova. 2.     The Court's assessment 69.     The Court reiterates that, in order to be able to lodge a petition by virtue of Article 34, a person, non-governmental organisation or group of individuals must be able to claim to be the victim of a violation of the rights set forth in the Convention. In order to claim to be a victim of a violation, a person must be directly affected by the impugned measure. The Convention does not, therefore, envisage the bringing of an actio popularis for the interpretation of the rights set out therein or permit individuals to complain about a provision of national law simply because they consider, without having been directly affected by it, that it may contravene the Convention.   It is, however, open to a person to contend that a law violates his rights, in the absence of an individual measure of implementation, if he is required either to modify his conduct or risks being prosecuted or if he is a member of a class of people who risk being directly affected by the legislation (see Burden v. the United Kingdom [GC], no. 13378/05, §§   33 and 34, 29 April 2008; Open Door and Dublin Well Woman v. Ireland cited above; Klass and Others v. Germany , 6 September 1978, §   33, Series A no.   28). 70 .     The Court notes that the first applicant is an active and well-known politician who has clearly stated his intention to stand as a candidate in the legislative elections in 2009 and to take his seat if elected. It also notes that the first applicant has indicated that, for personal reasons, he has no intention to give up his dual nationality. The first applicant is, therefore, directly affected by Law No. 273, since if he is successful in being elected, he will have to make the difficult choice between sitting as an MP and renouncing his dual nationality. Furthermore, since running for Parliament necessitates considerable personal investmen