The former president of the Constitutional Court, Augustin Zegrean, states that the current dismissed government can remain in office “for a long time”, until the swearing in of a new government, as it is not conditioned by the 45 days provided for in the case of an interim government.
The former president of CCR Augustin Zegrean was asked, on Wednesday, on Digi24, what happens after the end of the 45-day term provided for an interim Executive.
“This government is not in the situation of an interim government, but it is a government dismissed by a motion of censure. In the Constitution it says that if the government is dismissed by a motion of censure, that government administers the current affairs of the country until a new government is sworn in. So this must be taken into account, that they can stay there for a long time and well until someone comes and says: “we are the new government””said Zegrean, News writes.
In the case of the six ministers appointed on an interim basis before the fall of the Government through a motion of no confidence, in place of the social democrats who resigned, Zegrean said that it is possible to discuss the end of the interim period, but that “only the resigned prime minister has to appoint other interim ministers in place of those who left earlier” and thus there will be “one interim minister for three or four ministries.
“It is not the first time that this happens, in 2009 there was a somewhat similar situation, when the Parliament did not want to meet, appoint or reject a proposed candidate for the position of prime minister. That is, he was proposed, but the Parliament refused to listen to him in order to be appointed or not, so the 10 days in which he was obliged to appear at the Parliament and read his program expired. So there have been comical things in Romania’s recent history and I don’t think they will end. It’s funny what’s happening now in our country, because in a whole country at the head, I didn’t say that Romania is not whole at the head, let that not be understood, but in a whole country at the head, if a censure motion is submitted, the one who submits the motion also submits the new government program and the list of the new government. If the motion passes, that government leaves and the others take its place”explained Augustin Zegrean.
According to the former president of the CCR, such situations are not prohibited by the Constitution.
“The Constitution does not prohibit it, it is a matter of common sense, of political logic. You bring down the government for a certain reason, you say the reason and you come and say what you will do if he leaves. That would be normal. But who stops them from doing that? That no one stops them. And if it were written in the Constitution… Well, what is written in the Constitution is not respected, let alone what is not written!”Zegrean said.
Asked how to get out of this situation, Augustin Zegrean answered: “The president said that he would make the proposal within a reasonable time. Who knows what reasonable means? This term is used even in the Constitution regarding pretrial detention or the trial of a trial within a reasonable time. At the European Court of Human Rights and at the European Court of Justice, this term “reasonable” is frequently used, but no one defines it anywhere.”
In his opinion, a reasonable term means that as soon as the Government leaves, the other Government comes that submitted the motion of censure and the governing list, after which it had to be heard by the Parliament and then take office.
In relation to the information from the public space according to which the president Nicusor Dan wants to appoint a prime minister only after making sure that there will be a majority in the Parliament, Augustin Zegrean replied that it is not the president who has to find that majority.
“This is the role of consultations, to see if there is a majority or not. If there was a party that had half plus one of the number of parliamentarians, then the president would be obliged to nominate the one proposed by them. Since there is no such party in Parliament, the president discusses with all the parties to get an idea if he wants to propose “Ionescu” if he has support. And those who go to the discussions can also come with a proposal, but the president is not obliged to nominate a person nominated by a party unless that party has a parliamentary majority or proves that it is in a coalition that can secure the government. Otherwise, he is not obliged to do so. He has such discussions with the parties just to take the pulse Parliament. Even the president does not do what he wants, he only does what is written in the Constitution, or so he should do“, concluded Augustin Zegrean.
