If the president gets suspended like it happened on multiple occasions before, he could theoretically count on the support of a prime minister fielded by the Party of Socialists. But this is not fully guaranteed. Contacted by IPN, the legal scholar and former constitutional justice Nicolae Osmochescu noted that, per the Constitution, if the president becomes incapacitated, presidential powers are assumed by the speaker or the prime minister, in this order.
“So if the head of legislature is on a leave or is traveling abroad, for example, these powers are assumed by the prime minister”, said Osmochescu.
By extension, believes the expert, when the speaker is supporting the president’s position not to sign a bill or decree into law, the duty “automatically” falls on the prime minister. If the speaker fails to do his or her job, he or she could even face a vote of no confidence.
However, another constitutional judge, Victor Pușcaș, thinks the “suspended for five minutes” practice allowed by the Constitutional Court is not allowed by the Constitution itself. According to Pușcaș, the only ways a president can lose his or her powers is via impeachment in Parliament, followed by a referendum, or if the president committed a criminal offense.
“If the president did violate the Constitution, go on and suspend him using the procedure expressly laid out by the Constitution, and then remove him in a referendum. The five minutes suspension is just an artifice that doesn’t exist in the Constitution”, said Pușcaș, adding that “it’s hard for the Constitutional Court today to demonstrate that it’s not being used as a political tool and being in a political collusion”.
President Igor Dodon stated last week that a Speaker post reserved for the Socialists would be a guarantee that no more suspensions occur.