Although interim period expired, Gov’t goes on

The interim period stipulated by law for Boc Government expired on Saturday, but the PDL ministers remain in office until another Executive is sworn in by the future president. Traian Basescu believes that Boc Government was reinstated. Emil Boc states that the interim period of his Cabinet can continue until the next government is sworn in by the future President, saying that this situation is allowed by the constitutional provisions and he called it a “cupola situation.”

On October 1, on the day when PSD decided to leave governance, Boc announced that he decided to limit the “situation of uncertainty,” and for that reason he appointed interim ministers, promising to come to Parliament within 45 days with a new Executive.

After several contradictory declarations, on Thursday evening in a TV talk-show, Basescu declared that the country has a Government, be it even an interim one, which functions, because through the decision to ask the Executive to submit to Parliament the draft of the budget law, Boc Cabinet was reinstated. “The country has a Government. An interim one, but it has a Government. But, do you know what is funny? Through the law, a fallen Government, such as Boc Government does not have the right to promote laws and, what is more, the state budget law. It is a Government which fell in Parliament.”

Premier Boc declared that “from my point of view, it is attempted to render applicable art. 110, para IV of Constitution, which reads that the Government whose mandate has ceased fulfills only the acts required for the administration of the public duties until the members of the new Government are sworn in. If the dismissal of Government did not intervene, I would have been obliged to go before Parliament and propose new ministers in the place of those who had left Government, for the replacement of the interim positions. In the conditions in which the whole Government was dismissed, I cannot go any longer to Parliament and request to replace the members who institute the interim period, because the whole Government was discharged, and from this point of view the last situation which appeared is that which remains applicable.” The interim Premier admitted that there isn’t any such indication in any law or in Constitution in connection with this exceptional and particular situation but estimated that this conclusion results from the interpretation and corroboration of the constitutional texts. The same idea was backed by the interim Justice Minister Catalin Predoiu.

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