The Constitutional Court decision by which the decree to designate Vlad Filat as Prime Minister is declared unconstitutional can be theoretically ignored by Parliament, but there will be created a revolutionary situation, constitutional expert Nicolae Osmochescu said. He has told IPN that a similar situation existed in Russia at the start of the 1990s, when the head of state dissolved the Constitutional Court in order not to obey a decision passed by it.
Nicolae Osmochescu said that in a state with the rule of law, both the President who designated Vlad Filat and Parliament must respect the decision of the Constitutional Court, but it depends on their morality level. “The Court argued that before Mister Filat was designated as a candidate for premiership, the Government was dismissed by censure motion on suspicion of acts of corruption. The judges worked assiduously and invoked practically all the international legal instruments of which Moldova is a party,” stated the constitutional expert.
Under the Constitutional Court decision, the head of state should name a member of the Government with integrity as acting Prime Minister. “I wonder who this can be as the Cabinet was dismissed in corpore, being suspected of acts of corruption. The head of state must not issue another decree to abrogate the unconstitutional one, but must name a new acting Prime Minister and start consultations to choose another candidate,” said Nicolae Osmochescu.
He also said that Vlad Filat cant be designated as Premier only after a new legislative body is constituted, i.e. after the parliamentary elections.
On April 25, Parliament was to give a vote of confidence to Vlad Filat. On April 22, an agreement was reached to form a parliamentary majority to support him.