The Constitutional Court of Romania (CCR) ruled on Monday that there is a legal conflict between President Klaus Iohannis and Parliament regarding the appointment of National Liberal Party (PNL) leader Ludovic Orban as prime minister, CCR officials told AGERPRES on Monday.
According to the sources, Iohannis has to make a new nomination for the position of prime minister.
The Constitutional Court on Monday considered a complaint over the existence of a legal conflict of constitutional nature between the President and Parliament regarding the appointment of PNL leader Ludovic Orban as prime minister.
According to the complaint signed by the chairs of the two houses of Parliament, the conflict consists in “the president exercising his powers in a discretionary manner, as they are regulated by the Constitution, by designating on February 6 candidate Ludovic Orban for the position of prime minister.”
The complaint shows that Orban’s appointment was made “in violation, directly or indirectly, of the constitutional principles or provisions: the principle of loyal co-operation between public institutions, derived from Article 1(4); the constitutional obligation to ensure the observance of the Constitution and the proper operation of public authorities, as provided for in Article 80 (2)(I); the constitutional obligation to exercise the function of mediation among the state powers, as provided for in Article 80 (2) (II).”
“By his move, the President of Romania disregarded and diverted from the purpose provided by the constituent legislator in the imperative provisions included in Article 114(2) of the fundamental law, according to which the Government is dismissed if a motion of censure, filed within 3 days after the presentation of the bill, is voted on under the conditions of Article 113. By appointing Ludovic Orban as prime minister, the President of Romania violates the will of Parliament, which had just withdrawn its confidence by a recent censure motion. By denying the choice for prime minister expressed by a parliamentary majority, the President of Romania will trigger, as he has stated, a legal conflict of a constitutional nature, preventing the formation of a government, with the stated purpose of dissolving Parliament and getting early elections,” reads the complaint.
It also says that Article 89 (1) of the Constitution of Romania, republished, provides for the dissolution of Parliament as a means of resolving a governmental crisis unresolved by Parliament due to the fact that it withhold a vote of confidence in a government after two failed attempts and a 60-day deadline, with the purpose being the election of a new Parliament that can solve the crisis, and the President of Romania violates these provisions by openly declaring that he aims at early elections, using as a pretext Parliament’s failure to solve the government crisis in 60 days.
PSD’s Ciolacu on CCR decision regarding Orban’s designation: I’m glad democracy still functions in Romania
Interim Chairman of the Social Democratic Party (PSD) Marcel Ciolacu argued on Monday in respect to the Constitutional Court of Romania (CCR) decision regarding the designation of National Liberal Party (PNL) Leader Ludovic Orban for the Prime Minister office that “democracy still functions in Romania.”
“Let’s see the press release and the reasoning, and then we will come up with a standpoint. (…) I haven’t seen it [the CCR decision regrading Orban’s designation as PM], I’m waiting for the official press release of the Court, and, last, but not least, for the reasoning, and we’ll see. I am glad that democracy still functions in Romania,” Ciolacu said at the Palace of Parliament.
When asked whether the PSD is considering the option of building a parliamentary majority and step in to govern, Ciolacu responded: “No!”
PM Orban: If we find that we have solid grounds, we will notify CCR on absenteeism
Prime Minister-designate Orban on Monday stated that, if there are solid grounds, the Liberals will notify the Constitutional Court of Romania (CCR) on the absenteeism during the vote on the investiture of the new government.
“Absenteeism, boycotting this meeting is the same with refusing to meet your constitutional obligations as MPs and with breaking the commitment of the representation contract which every MP has toward the citizens who granted their vote. (…) We will ask the MPs who are skipping work to come and do their job, the same as any citizen who is fond of democracy and the functioning of the state institutions would ask them to do. And the fact that there will be no quorum is actually more proof that we need to dissolve this Parliament,” Orban said after the meeting of the Executive Bureau of the PNL (National Liberal Party).
He showed that the PNL is considering notifying the CCR if the MPs don’t turn to vote.
“We’ve made an evaluation of the situation based on the Constitution. If we find that we have solid grounds, we will notify the CCR,” said Orban.