CC decision on appointment of defense minister complies with Constitution, opinion

The Constitutional Court’s decision concerning the naming of the minister of defense by the Speaker of Parliament or the Premier complies with the Constitution. In this case, President Igor Dodon, refusing to sign the decree to appoint Eugen Sturza to this post, abused his power. The issue was developed in the talk show “Fabrika” on Publika TV channel, IPN reports.

Vice director of the Institute of Legal and Political Research of the Academy of Sciences Victor Juc said the judgment passed by the Constitutional Court is in accordance with the Constitution and shows the judges’ skillfulness. “The President of the Republic of Moldova wasn’t dismissed and wasn’t suspended by impeachment. The Court just declared his inability to fulfill his duty to appoint Eugen Sturza as minister of defense. This is a special case that is not related to other cases that can appear in an institutional dispute between the Government or Parliament on the one side and the presidential administration on the other side,” stated Victor Juc.

Political analyst Anatol Taranu said this conflict between the president and the government was invented. The High Court at the start of 2017 issued a note that eased the situation of the President as regards the appointment of the minister of defense by ruling that the President can one time reject the candidate fielded by the Government. “President Igor Dodon abused his power. He assumed a right that he does not have. By refusing to sign the Government’s decision the second time, he practically assumed a right that he does not actually have. I thus wonder who usurped the power?” asked Anatol Taranu.

The Constitutional Court on October 20 decided that the Speaker of Parliament or the Prime Minister will hold office of President on an interim basis for issuing the decree to name the minister of defense. Given that the President deliberately refused to fulfill the constitutional obligation to name the candidate proposed two times by the Premier for minister of defense, this will be temporarily removed from office.

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