CC: After consultations, in absence of a majority, President is obliged to nominate a candidate

The President consulted the parliamentary groups so as to designate a candidate for Prime Minister before issuing the decree by which Igor Grosu was designated for Prime Minister. The decree was issued after the President ascertained that the absolute formalized parliamentary majority stopped existing after Mariana Durleșteanu gave up standing as a candidate for premiership. If an absolute formalized parliamentary majority does not exist, the President is obliged, after consulting the parliamentary groups, to nominate a candidate for Prime Minister, even if the groups do not agree with her proposal, Constitutional Court president Domnica Manole stated after the Socialist MPs’ challenge against the presidential decree was rejected, IPN reports.

Domnica Manole said the Constitution does not specify time limits during which the President must designate a candidate for Prime Minister after consulting the parliamentary groups. The President decided this period, but this period is limited by the 15-day period during which the candidate for Prime Minister must ask for a vote of confidence from Parliament, as the Constitution stipulates.

Moreover, the Court held the absolute parliamentary majority announced after the challenged decree was challenged benefits from sufficient constitutional guarantees. This can decide not to offer a vote of confidence to the program and governmental team of the nominated candidate. Secondly, it can discuss the problem of investing of a Government as a result of mandatory consultations with the President if Parliament is dissolved.

The Court ruled that the presidential degree of March 16 is constitutional. Its decision is definitive, cannot be challenged, takes effect when it is adopted and is published in the Official Gazette. Constitutional judge Vladimir Țurcan formulated a separate opinion.

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