CONSTITUTIONAL COURT DELEGATES PRESIDENTIAL AUTHORITY TO PARLIAMENT SPEAKER FOR APPOINTING DEFENSE MINISTER

The Constitutional Court of the Republic of Moldova has ruled today that Parliament Chairperson Andrian Candu may perform the presidential duties to appoint the minister of defense and to swear him in.

The Court's motivation was as follows: President Igor Dodon has failed to perform his constitutional duties and refused to appoint to the defense minister post the candidacy nominated by the prime minister.

"The president is eligible to decline the premier-proposed candidate for minister only once if he believes the candidate does not meet necessary requirements. The prime minister is eligible to nominate the same or another candidacy. In this case, the president MUST sign a presidential decree on appointing the said candidate", said the CC decision.

The Constitutional Court Judges stated that despite these constitutional provisions, the president repeatedly declined the candidacy of Eugen Sturza, whom Prime Minister Pavel Filip had proposed for the defense minister, and did not explain the reason of his refusal, though the law demands this.

"Despite the constitutional provisions, the president repeatedly declined the proposed candidate for defense minister. The Constitutional Court has ruled that the president's refusal is a gross violation of presidential duties and of the oath the president has taken", said the CC Judgment.

The Court stated that President Dodon is in fact in the state of a temporary incapacity to perform his duties. Therefore, the Court ruled that the duties shall be performed by the parliamentary chairman, who will sign an appointment decree and will swear in the new minister. The CC decision enters into legal force from the moment of its passing, is final and without appeal.

Earlier, President Dodon stated that he regards the Constitutional Court judgment as a political and unlawful one, that he will not recognize a minister to be appointed by the speaker, and will not include him into the composition of the Supreme Security Council, on which Speaker Candu reminded that the minister of defense is a Council member - automatically in the virtue of his post.