CONSTITUTIONAL COURT RULES THAT SPEAKER MAY SIGN DECREES AND PREMIER APPOINT MINISTERS INSTEAD OF PRESIDENT

The Constitutional Court of the Republic of Moldova has ruled that “in certain isolated instances” the Parliament Speaker or the Prime Minister may sign Presidential Decrees on appointing Ministers of Government or on promulgation of laws.

According to this decision, which the Constitutional Court passed on Tuesday on the Government’s inquiry, if the President refuses to promulgate a law after its repeated approval by the Parliament, or refuses to appoint a minister after the candidate’s repeated nomination by the Prime Minister, this shall be regarded as the President’s incapacity to perform his official duties. In such case, by decision of the Constitutional Court, such presidential plenary powers shall be legally delegated to the Parliament Chairperson or to the Prime Minister.

The Constitutional Court has also ruled that the President has the right to decline laws and say his remarks to the Parliament. The President is also eligible to decline the Prime Minister’s proposals on staff changes in the Government and to check proposed candidates for ministerial posts.

At the same time, the Constitutional Court ruled that the President has no right to veto, and may halt a document or decision only at their first submission to the head of state, but MUST sign them upon a repeated voting by the Parliament or – accordingly – upon a repeated proposal by the Prime Minister.

The Constitutional Court ruled that the initiative to nominate a candidacy for a ministerial post belongs exclusively to the Prime Minister and that the President has no right to hinder the Premier’s initiatives on Cabinet staff reshuffling.

“The President’s actions may not and must not lead to a constitutional blockade. The last year’s Constitutional Court decision on returning to the nation-wide electing of the President does not mean any broadening of presidential powers that remain restricted in the conditions of the parliamentary form of governance in the country”, reads the Constitutional Court Resolution.

According to it, in case of a failure by the President to perform his official duties, these duties shall go to the Parliament Chairperson.

“The incapacity to perform the presidential duties shall be stated by the Constitutional Court in each particular case”, said the CC judgment, which is final and without appeal.

Earlier, President Igor Dodon repeatedly refused to promulgate a number of laws and to appoint the candidate for defense minister proposed by Prime Minister Pavel Filip. By the law, the President must do this following a repeated voting in parliament or a repeated nomination of a candidate by the Prime Minister. As the Moldovan legislation does not determine how to act in instances when the President does not obey to the law-stipulated rules, the Government addressed to the Constitutional Court for an explanation.