Doctor of constitutional law Alexandru Arseni said that by a previous decision according to which the legislature’s activity is not continued if no majority is formed and by the recent decision concerning the President’s incapability to nominate a candidate for premiership, the Constitutional Court blocked not only the activity of Parliament, but also the possibility for the President to suggest a candidate for Prime Minister when no majority is formed in the legislative body. The issue was developed in a program on TVR Moldova channel, IPN reports.
“We reached a complete stalemate following these decisions on the interpretation of the Constitution, which are absolutely illegal and have no legal basis,” stated Alexandru Arseni.
According to him, the eldest MP is obliged to chair the Parliament sittings nonstop, until the Speaker is elected. The chairman of the sitting should have accepted the Bloc ACUM’s report on the constitution of parliamentary groups and should have continued the sittings.
Pavel Postică, programs director at “Promo-LEX” Association, said that apparently there are a number of aspects that run counter to the previous Constitutional Court’s practice according to which the nomination of the candidate for Prime Minister is the President’s obligation. The case law was treated from the perspective of the indirect election of the President by Parliament, not directly by the people. “I consider things should be changed when we speak about the election of the President by the people. He has somehow more powers and more representativeness. Therefore, the powers should have been supplemented,” stated Pavel Postică, noting the CC judgement seems dubious to him from this viewpoint.
Socialist MP Grigore Novac said it is not clear when the consultations over the fielding of a candidate for premiership, about which the CC decision tells, start. The law does not clearly say this. If the Parliament’s Standing Bureau is not formed, things remain stagnant. The MP wondered who the President should nominate the candidate for Prime Minster to.
On May 15, the Constitutional Court decided that the President may not nominate a prime ministerial candidate without a Parliament that has its leadership elected. The impossibility of Parliament to assemble in the absence of a body to convene it renders the President incapable of making the nomination.
