Court rules nominating prime minister candidate must secure parliamentary majority for new gov't

The Constitutional Court on Monday found, in accordance with its Decision No.80/2014, that the nomination of the candidate for the position of prime minister must aim to ensure the coalescing of a parliamentary majority in order to form a new government.

The Constitutional Court of Romania (CCR) ruled on Monday that there is a legal conflict between President Klaus Iohannis and Parliament regarding the appointment of National Liberal Party (PNL) leader Ludovic Orban as prime minister.

Thus, President Klaus Iohannis has to make a new nomination for the position of prime minister.

The Constitutional Court on Monday considered a complaint over the existence of a legal conflict of constitutional nature between the President and Parliament regarding the appointment of PNL leader Ludovic Orban as prime minister.

According to the complaint signed by the chairs of the two houses of Parliament, the conflict consists in "the president exercising his powers in a discretionary manner, as they are regulated by the Constitution, by designating on February 6 candidate Ludovic Orban for the position of prime minister."

The complaint shows that Orban's appointment was made "in violation, directly or indirectly, of the constitutional principles or provisions: the principle of loyal co-operation between public institutions, derived from Article 1(4); the constitutional obligation to ensure the observance of the Constitution and the proper operation of public authorities, as provided for in Article 80 (2)(I); the constitutional obligation to exercise the function of mediation among the state powers, as provided for in Article 80 (2) (II)."

"By his move, the President of Romania disregarded and diverted from the purpose provided by the constituent legislator in the imperative provisions included in Article 114(2) of the fundamental law, according to which the Government is dismissed if a motion of censure, filed within 3 days after the presentation of the bill, is voted on under the conditions of Article 113. By appointing Ludovic Orban as prime minister, the President of Romania violates the will of Parliament, which had just withdrawn its confidence by a recent censure motion. By denying the choice for prime minister expressed by a parliamentary majority, the President of Romania will trigger, as he has stated, a legal conflict of a constitutional nature, preventing the formation of a government, with the stated purpose of dissolving Parliament and getting to early elections," reads the complaint.

It also says that Article 89 (1) of the Constitution of Romania, republished, provides for the dissolution of Parliament as a means of resolving a governmental crisis unresolved by Parliament due to the fact that it withhold a vote of confidence in a government after two failed attempts and a 60-day deadline, with the purpose being the election of a new Parliament that can solve the crisis, and the President of Romania violates these provisions by openly declaring that he aims at early elections, using as a pretext Parliament's failure to solve the government crisis in 60 days.