CCR: No juridical conflict President vs. Gov’t over representation at European Council meeting


PM Ponta: The notification about President-PM conflict is for the future.

The Constitutional Court of Romania on Wednesday unanimously ruled that there was no juridical conflict of a constitutional nature between the Government and the Presidency over the representation of Romania at a June summit meeting of the European Council. The ruling is final and generally binding.
The court considered a complaint filed by Prime Minister Victor Ponta alleging to a juridical conflict of a constitutional nature between the Government and the Presidency over the representation of the Romanian State at the European Council meetings. Attending the public meeting of the court on Wednesday, Ponta said his notification of the Constitutional Court over the representation of Romania at the meetings of the European Council does not regard the incumbent head of state, as it is a situation he wants solved for the president and the prime minister to ensue this November’s presidential election.
‘I have asked the Constitutional Court for the future president of Romania, for the future prime minister to establish a very clear framework so that we may avoid conflicts. It does not regard the incumbent president, because he will not observe the ruling of the court anyhow. I am talking about November, so that our foreign partners will no longer witness a conflict between the prime minister and the president over the European Council. I wanted us to prepare for the years that come so that Romania may be seriously represented,’ Ponta explained, as quoted by Agerpres.
Ponta also argued that when the talks at the European Council concern attributes of the Government, the president should cede the mandate to the prime minister.
In his turn, presidential adviser Claudiu Dinu argued that CCR may not be asked to issue a preventive ruling for the future to regulate juridical conflicts between the authorities, pointing out that before the summit of the European Council there was a correspondence between the President and the Government that led to shared opinions on the agenda. ‘There was the prime minister’s somehow nuanced support. We argued that the CCR jurisprudence is sufficient and provides all the criteria needed for representation at the European Council meetings. You cannot ask the CCR to issue some preventive ruling for the future. First, there should be a conflict that the court is asked to settle and provide solutions so that the conflict may not reoccur. A preventive or interpretative decision in a matter of juridical conflict of a constitutional nature has no meaning, as far as I am concerned, but it will be the CCR to decide,’ Dinu said while attending the CCR public meeting.
PM Ponta notified the CCR on this matter on June 24, asking the CCR to establish that President Traian Basescu should delegate him to represent Romania at a June 26 summit meeting of the European Council. Ponta says in his complaint that he does not deny the president’s right to represent the Romanian State at the meeting of the European Council, but his complaint is over what he claims was the president’s discretionary and arbitrary manner of cooperation with Parliament and the Government, both of which are asked to guarantee Romania’s obligations ensuing from its European Union membership.

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