PRESIDENT IS OBLIGED TO APPOINT CANDIDATE PROPOSED BY OFFICIALLY FORMED ABSOLUTE PARLIAMENTARY MAJORITY TO POSITION OF PRIME MINISTER - CONSTITUTIONAL COURT

The President of Moldova is obliged to appoint a candidate for the post of Prime Minister, who is nominated by an officially formed absolute parliamentary majority. This decision was made on Thursday by the Constitutional Court.

The Constitutional Court stated that "Moldova currently operates a parliamentary form of government," and the president "is obliged to observe political neutrality, equidistant attitude towards all parties and parliamentary factions, and also to ensure a balance between parliament and government". The decision of the Constitutional Court emphasizes that "the President of the Republic of Moldova represents the state," he "cannot impose certain views on the future prime minister" and is obliged to contribute to "avoid institutional conflicts".

"Thus, the head of the state is obliged to nominate a candidate proposed by the officially formed absolute parliamentary majority to the post of prime minister. At the same time, if the parliament does not have an officially formed parliamentary majority, the president is obliged, after consultations with parliamentary factions, to propose a prime minister, even if the factions do not agree with him," CC Chairwoman Domnica Manole read out the decision made by the court.

According to the document, if the president does not agree with the candidate proposed by the parliamentary majority and refuses to appoint a candidate for the post of the prime minister, the provisions of Art. 89 of the Constitution on the removal of the president of his position can be applied.

The Constitutional Court considered this issue at the request of MP Igor Munteanu, made in the context of the possible resignation of the government and the approval of a new cabinet of ministers. In fact, the Constitutional Court retained the existing practice based on the previous decisions of the Constitutional Court. Earlier, President Igor Dodon said that the head of state is not obliged to take into account the opinion of the parliamentary majority, since after 2016 the president is elected by the people, and not by the parliament. The Constitutional Court decided that the procedure for electing the president does not affect his powers.