Politics

PRESIDENT MAY NOT NOMINATE CANDIDATE FOR PREMIER IN THE ABSENCE OF PARLIAMENT GOVERNING BODIES – CONSTITUTIONAL COURT

15 may, 2019

The President of Moldova is not eligible to nominate a candidacy for Prime Minister in the absence of the Parliament’s governing bodies, the Moldovan Constitutional Court ruled on Wednesday upon considering President Igor Dodon’s inquiry.

Last April 23, the head of state requested the Constitutional Court to clarify the procedure of nominating a candidate for the prime ministerial post. In particular, the President asked whether or not the head of state MUST nominate a candidacy for prime minister if there is no parliamentary majority that is only eligible to appoint a government.

The Constitutional Court wrote in its Resolution issued on Wednesday that the President not only MUST NOT but even MAY NOT make such a nomination in the absence of the Parliament’s governing bodies. The Resolution said in particular: “The [forum’s] incapacity to convoke a parliamentary plenary meeting due to the absence of governing bodies that may convoke it is making it impossible for the President to nominate a candidate for prime minister”.

The CC Resolution further said that according to the Constitution, the President must hold consultations with parliamentary factions before nominating a prime ministerial candidate, and Members of Parliament must elect the forum’s governing bodies, including for nominating a candidate for Prime Minister.

“The absence of a body representing the Parliament and of a body that convokes plenary meetings is preventing the President from nominating a candidacy for Prime Minister”, wrote the Constitutional Court.

At the same time, the Constitutional Court ruled that if there is no officially formed absolute parliamentary majority, but there are parliament’s governing bodies duly elected, then the President must nominate a candidate for Prime Minister, even if the parliamentary factions disagree with his proposal.

The Constitutional Court explicated also that if, upon the formation of parliamentary governing bodies, the President nominates a prime ministerial candidate but the Parliament would not assemble for a plenary meeting to discuss the candidacy, this means that the Parliament rejects the candidacy.

The Court explicated also the provisions in Article 85 (Item 2) of the Constitution, according to which the Parliament may be dissolved if it fails to express a vote of confidence in the Government within 45 days from putting forward such proposal, and only if the proposal has been rejected minimum 2 times.

All Constitutional Court judgments are final and without appeal, and come into effect from the moment of their adoption.

Thus, proceeding from this CC judgment, the incumbent new Parliament of the Republic of Moldova may be dissolved by the President yet before the start of the Government formation procedure. According to the Constitution, the Parliament may be dissolved by the President either in case of its incapacity to approve Government after the President has nominated a candidate for Prime Minister, or in case the Parliament blocks the adopting of laws for 3 months. This new Parliament held its first plenary meeting last March 21, therefore the said 3-month period expires on June 21.

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