The Constitutional Court in the evening of February 2 rejected the requisition concerning the President’s powers when a candidate for Prime Minister is nominated, which was filed by Socialist MPs Vasile Bolea and Grigore Novac, as inadmissible, IPN reports.
The CC held that the authors of the application requested to interpret Articles 85 and 98 of the Constitution, but didn’t provide separate argumentation for each of the invoked norms to show to what extent these are unclear and need to be interpreted by the Court.
The Court also underlined that the necessity of interpretation should be confirmed by the uncertain and non-uniform character of the constitutional provisions. “The presentation of hypothetical situations, without explaining the alleged ambiguousness of the Constitution, is not sufficient for initiating the interpretation of the Constitution,” said the Court.
The judgment is definitive and cannot be challenged.
The requisition with six questions to the Constitutional Court was submitted on Jnauary 19, 2021. The MPs of the Socialist Party asked the court to say what is the time limit by which the President must nominate a candidate for Prime Minister and what penalties the President faces for not meeting this time limit. The CC was asked to clarify the consequences if the President does not propose a candidate for premiership during the general period of three months and if the President nominates the candidate for Prime Minster by ignoring the period of 45 days of the first nomination and if the second candidate is not proposed when the first candidate is rejected. Vasile Bolea and Grigore Novac also asked if the impossibility of forming a government during three months as a result of the President’s refusal to provide a candidate for Prime Minister is a reason for dissolving Parliament.
