JUSTICE POLITICS

CCR will debate on December 19 the conflict between the Executive and the Presidency on the Government’s reshuffle

The Constitutional Court of Romania (CCR) will debate on December 19 PM Viorica Dancila’s notification on the legal conflict between the Government and President Klaus Iohannis, sources from within the institution stated on Thursday for MEDIAFAX.

In the session of December 19, the parties involved in the conflict will support their points of view. Also, the Constitutional Court decided on Friday that by December 13, the parties must send their opinions following the notification on a legal conflict between the Government and President Klaus Iohannis, submitted by PM Viorica Dancila, the sources stated for MEDIAFAX.

PM Viorica Dancila stated last Friday, at the beginning of the Government’s meeting, that she notified the Constitutional Court of Romania for solving “the blockage” caused by President Klaus Iohannis by not making any decision on the appointment of the Transport and Development Ministers.

The prolonged analysis on the appointment of the Development and Transport Ministers has no legal ground and is an obvious opposition, PM mentioned in the text of the notification. The postponement is called “an arbitrary refusal”, according to the quoted source.

The Romanian President is still “analyzing” the appointment of the two ministers proposed by the Prime Minister for the positions to which the reshuffle was initially related with the consequence of the dismissal and later of the resignation, with the consequence of the vacancy of the minister position.

We appreciate that this prolonged “analysis” has no legal ground, actually being an obvious opposition to the decision of the Constitutional Court by which it construed Article 85 of the Constitution, in fact being an arbitrary/discretionary refusal of the Romanian President to exert a constitutional prerogative, namely exactly what the Constitutional Court labeled as a “veto” prohibited by the constitutional provisions. This refusal causes a legal conflict of a constitutional nature between the Romanian President and the Government/Prime Minister, likely to cause difficulties and even blockages in terms of the Government’s ability to function, as we will demonstrate below”, reads the PM’s notification submitted to the Constitutional Court.

In return, President Klaus Iohannis stated on Friday, speaking about the Government’s notification submitted to CCR on a possible conflict related to the appointment of the Development and Transport Ministers, that CCR cannot solve the problem, since it is a political problem. Iohannis also claimed that the country doesn’t have a Prime Minister. The head of state also mentioned that Viorica Dancila called him by the phone only the day before.

Iohannis also said that he will wait for the Constitutional Court to issue a decision on the possible institutional conflict between the Presidency and the Government related to the appointment of the Transport and Development Ministers, then he will announce the result of his analysis.

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