Why President Iohannis Postponed the Appointment of Prime Minister. Explanations by Augustin Zegrean, former CCR judge



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The chances of a new government being reversed before Christmas diminished, following yesterday’s consultations, in Cotroceni. After listening to the opinions of all the parliamentary parties, President Klaus Iohannis announced that he could not yet appoint a prime minister. He also said that he would hold another round of consultations.

The head of state has postponed the appointment of a prime minister for procedural reasons, says Augustin Zegrean, former president of the Constitutional Court.. The formation of the new Parliament is a long process, and pending it, the term that the designated prime minister has to request the investiture vote could expire, Zegrean explained Monday night to Digi24.

“This is logical, because, as you can see, the appointed person must present the government list, the government program, to Parliament to ask Parliament for a vote of confidence. These 10 days cannot be overcome, on the tenth day the guillotine falls, it’s over! So if he had been appointed today, he would have had to speed up the reorganization of the new parliament. That is not done there in an instant. It is a mediation commission, which must analyze all the files of elected parliamentarians. There are 465, it seems to me. And know that there are many resources there, in that commission, and only after that commission is validated does half plus one of the number of deputies and senators begin taking the oath. Only then can the new parliament be considered to exist and can function, ”Augustin Zegrean explained.

“There is no problem if there are consultations, but the president cannot appoint (the prime minister), he must take into account this 10-day time that can force the person to do all his work in a hurry, and the parliament is not constituted “Added the former president of the RCC.

Furthermore, PSD is seriously considering boycotting the establishment of Parliament. The official reason, revealed by Vice President Sorin Grindeanu, would be the observance of constitutional procedures or the violation of them by the parties of the right. Political sources say that in fact the Social Democrats are upset PThey are the PNL, USR-PLUS and UDMR plans for the division of functions in the two Chambers. On Monday night, in a program on România TV, Marcel Ciolacu declared that Parliament cannot be constituted on December 21. The PSD leader said he did not want to instigate, but “everyone can have a problem that day.”

“The Permanent Offices, says the Constitution, are chosen according to the parliamentary structure, the political structure resulting from the elections. Since the elections, you see, the PSD has more parliamentarians and they will also force the presidency of the Chamber or the Senate. There was another somewhat identical situation in 2004, when Mr. Adrian Năstase was initially elected president of the Chamber of Deputies and after a few weeks he was dismissed, ”recalled Augustin Zegrean.

Regarding the idea that the president is bound by the Constitution to appoint the prime minister proposed by the party or electoral alliance that won the elections, Augustin Zegrean says that this provision would work if he had half plus 1 the number of seats. It is logical, because that majority has imposed its point of view in parliament and will not vote for a man other than those proposed by them. This is the “spirit” of Article 103 of the Constitution, Zegrean explained. “The president, when nominating, should consider the possibility of supporting the nominee and giving him the vote of confidence, because otherwise he will be accused of playing the game of going to early elections and dissolving parliament,” added Zegrean.

Editor: Luana Pavaluca

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