“The President’s remit is rather related to the remit of the executive power and this shares the same responsibility with the Government, but does not have bigger authority than the Speaker of Parliament,” secretary general of the Constitutional Court Rodica Secrieru stated in the public debate “Relations between the branches of power in new conditions: between cooperation, early parliamentary elections, impeachment and …something else”, which was organized by IPN News Agency in partnership with Radio Moldova.
Rodica Secrieru explained that the method of electing the President does not matter as long as the method of choosing an institution is stipulated and we cannot speak about bigger or lesser legitimacy. In the case of the President elected by the people, this just enjoys particular popular support.
“The parliamentary alliance does not mean 50%+1. The 100% of the votes cast in elections have a reflection in Parliament. All the parties that pass the election threshold enter it. In the case of the President, the winner is the one who gains 50%+1 vote and it is not right to treat things in the same way. The people are represented by the supreme legislative body – Parliament – not by the President,” stated the secretary general of the Constitutional Court.
In the same connection, Rodica Secrieru noted that a pact between Parliament and President, as some participants in the debate proposed, is not needed as this social pact is the Constitution, while the President assumes it when he takes an oath. “The oath is not a poem. It is a legal commitment by which the President assumes the obligation to obey the Constitution. The observance of the Constitution, including of the Constitutional Court’s judgments, are a part of this. The implementation of the Constitutional Court’s judgments concerning Cabinet reshuffles forms part of the observance of the Constriction and of the oath. The violation of the Constitution and of the oath is a serious violation and not political responsibility, but rather criminal one is thus borne,” she stated.
As to the alleged conflict between the authorities, Rodica Secrieru said the speculations are often not accompanied by facts and the President wasn’t deprived of his powers. The Constitution stipulates the obligations, as well as settlement mechanisms, if conflicts appear. The President can oppose the appointment of a judge or the promulgation of a law only once and is then obliged to issue the decree.
The secretary general also said there should be clarity between the political arguments and the legal ones. The non-fulfillment of an obligation is also a violation and the Head of State should not use the same instruments to resolve particular issues that suit or do not suit him. As regards the holding of a referendum to broaden the powers of the President, there is a legal and constitutional framework providing that not all the matters can be put up for a referendum. “If you say that you don’t play with fire, you should not play with the Constitution as well,” stated Rodica Secrier, addressing the representatives of the presidential administration.
The public debate “Relations between the branches of power in new conditions: between cooperation, early parliamentary elections, impeachment and …something else” is the 69th installment of the series of debates “Developing political culture by public debates” that are organized with support from the Hanns Seidel Foundation of Germany.
