After repudiating Liberal (PNL) prime minister Ilie Bolojan and pulling out its ministers from the executive, Romania’s Social Democrats (PSD) ponder forcing the head of the government to require a vote of confidence in Parliament for the entire executive, rather than for the interim ministers, after the expiry of the 45-day term of his interim ministers, public television TVR announced. At this moment, the cabinet of PM Bolojan is fully functional, and it plans to remain active until the opposition files a no-confidence motion – specifically indicated by the Constitution as the sole procedure for the end of an executive’s term, other than resignation.
President Nicusor Dan, on April 24, approved the resignation of the six PSD ministers and PSD deputy prime minister Marian Neacsu, at the same time appointing the interim ministers proposed by PM Bolojan for a period of 45 days. Unlike a caretaker government, the interim ministers have the same powers as full-fledged ministers. The government’s activity remains thus impaired by the resignation of the PSD ministers, which separately has an ambiguous impact on the ruling coalition.
A successful no-confidence motion after the expiry of the 45-day term of the interim ministers would reduce the powers of the Bolojan government, effectively turning it into a caretaker government – still without generating a solution to the political deadlock.
PSD seeks to overthrow PM Bolojan but would avoid a no-confidence motion. After most likely failing to find sufficient defectors among the Liberals (PNL) and, for a variety of reasons (distrust, reputational costs), not being ready to count on the support of the opposition (AUR), PSD is left with the sole option of seeking the help of the Constitutional Court (CCR).
Avoiding a no-confidence motion would also allow president Nicusor Dan to resume efforts for remaking the same pro-Western ruling coalition, forcing the Liberals (PNL) and USR to accept Social Democrats as legitimate partners – an alternative firmly refused by the two parties “in case the Social Democrats vote a confidence motion against PM Bolojan.”
To force PM Bolojan to require a vote of confidence for its executive, PSD may thus seek a favourable interpretation from the Constitutional Court. Without such an interpretation, lawmakers’ votes against the proposed replacements would only result in another set of interim ministers with full powers and another 45-day term. The process could repeat indefinitely unless a no-confidence motion is filed.
President Dan also confirmed that “there exists a preoccupation” to ask the Constitutional Court to “rule in advance [on PSD’s inquiry] so that there is a constitutional solution.”
Some law experts cited by G4Media.ro pointed out that CCR could not issue a decision on a hypothetical situation. Former minister of justice and CCR member Tudorel Toader, however, argued that PSD could alternatively file a request for the CCR to conclude a constitutional conflict between the government and parliament, following the resignation of the six PSD ministers. Toader also argued PM Bolojan should ask a confidence vote for the entire government – under Art 85 of the Constitution.
Art 85, however, does only say that the president needs lawmakers’ approval for appointing permanent new ministers (therefore not a confidence vote on the entire cabinet), and only if the political structure of the ruling coalition changes (which arguably happened).
The Constitution says that the term of the government ends only when Parliament withdraws the confidence granted to the executive by a no-confidence motion (Articles 110, 113). Inter alia, if a no-confidence motion fails, the MPs that initiated it cannot support another no-confidence motion against the government during the same session (Article 113) – which may be relevant for the strategy of the opposition parties.
iulian@romania-insider.com
(Photo source: Cateyeperspective/Dreamstime.com)
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