{"id":449289,"date":"2021-03-22T16:13:05","date_gmt":"2021-03-22T16:13:05","guid":{"rendered":"https:\/\/www.moldova.org\/en\/?p=449289"},"modified":"2021-03-22T16:14:33","modified_gmt":"2021-03-22T16:14:33","slug":"the-decree-signed-by-maia-sandu-is-constitutional-explaining-the-cc-decision","status":"publish","type":"post","link":"https:\/\/www.moldova.org\/en\/the-decree-signed-by-maia-sandu-is-constitutional-explaining-the-cc-decision\/","title":{"rendered":"The decree signed by Maia Sandu is constitutional – explaining the CC decision"},"content":{"rendered":"Reading Time: <\/span> 3<\/span> minutes<\/span><\/span>

The presidential decree regarding the appointment of Igor Grosu<\/strong> for the position of prime minister of Moldova, which was signed by President Maia Sandu on March 16, was declared constitutional<\/strong><\/span> by the Constitutional Court (CC). The decision<\/a> was issued today, as the institution examined the complaint filed by several socialist MPs who asked to verify the constitutionality of the presidential act and suspend its action, as it would violate certain constitutional provisions.<\/p>\n

That was the second complaint filed by socialist MPs concerning the appointment of a candidate to the position of prime minister by the president of the country. The first complaint was filed regarding the repeated appointment of Natalia Gavrilita<\/strong> in February 2021.<\/p>\n

See also:<\/strong> Constitutional Court: New consultations to nominate a candidate for the position of prime minister are needed<\/a><\/span><\/p>\n

CC rejected, on March 19, the request to suspend the action of presidential decree (the appointment of Igor Grosu), but also was about to examine the constitutionality of the document on March 22.<\/p>\n

After presenting the Court’s decision, President of the CC, Domnica Manole, stated in a press conference<\/a> that “the authors of the complaint did not present sufficient arguments regarding the occurrence of possible imminent damage to constitutional security in case the presidential decree wasn’t cancelled.”<\/em><\/p>\n

CC noted<\/a> that the president consulted the parliamentary groups in order to appoint a candidate for the position of prime minister. Therefore, the minimum condition regarding the consultation of parliamentary factions, established by article 98 of the Constitution, was fulfilled. The Court also noted that a formalised majority government existed on March 16 (formed to support the candidacy of Mariana Durlesteanu for the position of Prime Minister). However, the resignation of the candidate invalidated the previous declaration of majority government signed by 54 MPs.<\/span><\/p>\n

See also:<\/strong> Constitutional Court has to decide again: Who can be appointed as a candidate for prime minister?<\/a><\/span><\/p>\n

Based on Article 98 of the Constitution, the president is obliged to appoint a candidate for the position of prime minister after the completion of the consultations with the parliamentary groups. According to the Constitution, if there is a formalised majority government, the president is obliged to appoint the candidate nominated by this majority for the position of prime minister. “The president of the country must also appoint a candidate, even if the parliamentary groups do not agree with his proposal, if he finds [during the consultations] that there is no formalised majority government and a candidate nominated by it,”<\/em> <\/strong>the CC explained<\/a>.<\/p>\n

In other words, Durlesteanu’s resignation and the appointment of a new candidate (Ion Grosu) happened so fast, that the majority government formalised in Parliament (February 2021) didn’t have enough time to be dissolved and formalised again (March 2021) in order to appoint another candidate that would have been enjoyed the MPs support. The president was really fast.<\/p>\n

Next, MPs would have to grant (or not) their vote of confidence to Igor Grosu – the candidate who was lately appointed by President Maia Sandu. At the same time, they would have to keep in mind that Parliament could be dissolved after 2 candidates appointed by the president get rejected (Igor Grosu is the second one). \u00a0In case MPs reject 2 candidates for the position of prime minister during 45 days, the legislature could be dissolved and snap elections could be held.<\/span><\/p>\n

See also:<\/strong> What are the scenarios leading to a snap parliamentary election and would Moldovan politicians really allow it?<\/a><\/span><\/p>\n

**<\/p>\n

On March 16, President Maia Sandu signed a new decree appointing Igor Grosu<\/strong>, who is currently Acting President of the Party of Action and Solidarity (PAS), as a candidate for the position of Prime Minister of the Republic of Moldova. That happened immediately after all parliamentary groups had consultations with the head of state and Mariana Durlesteanu<\/strong>, previous candidate nominated by socialist MPs, the Sor Political Party members and \u201cFor Moldova\u201d ex-democratic turncoats, announced that she withdrew her candidacy.<\/p>\n

On March 18, socialists\u00a0announced<\/a>, during Parliament\u2019s plenary session, that they have another candidate for prime minister \u2013 Vladimir Golovatiuc<\/strong>, Ambassador of the Republic of Moldova to Russia and a former socialist MP in the Moldovan Parliament. A new-old majority government was declared as being formed<\/a>: the same Sor Political Party members and \u201cFor Moldova\u201d ex-democratic turncoats, accompanied by socialists gathered to submit a candidate for prime minister, other than the one proposed by the president.<\/p>\n

Photo: privesc.eu<\/p>\n","protected":false},"excerpt":{"rendered":"

Reading Time: <\/span> 3<\/span> minutes<\/span><\/span>The presidential decree regarding the appointment of Igor Grosu for the position of prime minister of Moldova, which was signed by President Maia Sandu on March 16, was declared constitutional by the Constitutional Court (CC). The decision was issued today, as the institution examined the complaint filed by several socialist MPs who asked to verify […]<\/p>\n","protected":false},"author":31,"featured_media":449232,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9,3,56],"tags":[1018,380,616,995,35,27,233,203,117],"class_list":["post-449289","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-justice","category-politics","category-reportaje","tag-constitutional","tag-constitutional-court","tag-decision","tag-decree","tag-important","tag-moldova","tag-parliament","tag-president","tag-prime-minister"],"content_social_share":"Reading Time: <\/span> 3<\/span> minutes<\/span><\/span>

The presidential decree regarding the appointment of Igor Grosu<\/strong> for the position of prime minister of Moldova, which was signed by President Maia Sandu on March 16, was declared constitutional<\/strong><\/span> by the Constitutional Court (CC). The decision<\/a> was issued today, as the institution examined the complaint filed by several socialist MPs who asked to verify the constitutionality of the presidential act and suspend its action, as it would violate certain constitutional provisions.<\/p>\n

That was the second complaint filed by socialist MPs concerning the appointment of a candidate to the position of prime minister by the president of the country. The first complaint was filed regarding the repeated appointment of Natalia Gavrilita<\/strong> in February 2021.<\/p>\n

See also:<\/strong> Constitutional Court: New consultations to nominate a candidate for the position of prime minister are needed<\/a><\/span><\/p>\n

CC rejected, on March 19, the request to suspend the action of presidential decree (the appointment of Igor Grosu), but also was about to examine the constitutionality of the document on March 22.<\/p>\n

After presenting the Court’s decision, President of the CC, Domnica Manole, stated in a press conference<\/a> that “the authors of the complaint did not present sufficient arguments regarding the occurrence of possible imminent damage to constitutional security in case the presidential decree wasn’t cancelled.”<\/em><\/p>\n

CC noted<\/a> that the president consulted the parliamentary groups in order to appoint a candidate for the position of prime minister. Therefore, the minimum condition regarding the consultation of parliamentary factions, established by article 98 of the Constitution, was fulfilled. The Court also noted that a formalised majority government existed on March 16 (formed to support the candidacy of Mariana Durlesteanu for the position of Prime Minister). However, the resignation of the candidate invalidated the previous declaration of majority government signed by 54 MPs.<\/span><\/p>\n

See also:<\/strong> Constitutional Court has to decide again: Who can be appointed as a candidate for prime minister?<\/a><\/span><\/p>\n

Based on Article 98 of the Constitution, the president is obliged to appoint a candidate for the position of prime minister after the completion of the consultations with the parliamentary groups. According to the Constitution, if there is a formalised majority government, the president is obliged to appoint the candidate nominated by this majority for the position of prime minister. “The president of the country must also appoint a candidate, even if the parliamentary groups do not agree with his proposal, if he finds [during the consultations] that there is no formalised majority government and a candidate nominated by it,”<\/em> <\/strong>the CC explained<\/a>.<\/p>\n

In other words, Durlesteanu’s resignation and the appointment of a new candidate (Ion Grosu) happened so fast, that the majority government formalised in Parliament (February 2021) didn’t have enough time to be dissolved and formalised again (March 2021) in order to appoint another candidate that would have been enjoyed the MPs support. The president was really fast.<\/p>\n

Next, MPs would have to grant (or not) their vote of confidence to Igor Grosu – the candidate who was lately appointed by President Maia Sandu. At the same time, they would have to keep in mind that Parliament could be dissolved after 2 candidates appointed by the president get rejected (Igor Grosu is the second one). \u00a0In case MPs reject 2 candidates for the position of prime minister during 45 days, the legislature could be dissolved and snap elections could be held.<\/span><\/p>\n

See also:<\/strong> What are the scenarios leading to a snap parliamentary election and would Moldovan politicians really allow it?<\/a><\/span><\/p>\n

**<\/p>\n

On March 16, President Maia Sandu signed a new decree appointing Igor Grosu<\/strong>, who is currently Acting President of the Party of Action and Solidarity (PAS), as a candidate for the position of Prime Minister of the Republic of Moldova. That happened immediately after all parliamentary groups had consultations with the head of state and Mariana Durlesteanu<\/strong>, previous candidate nominated by socialist MPs, the Sor Political Party members and \u201cFor Moldova\u201d ex-democratic turncoats, announced that she withdrew her candidacy.<\/p>\n

On March 18, socialists\u00a0announced<\/a>, during Parliament\u2019s plenary session, that they have another candidate for prime minister \u2013 Vladimir Golovatiuc<\/strong>, Ambassador of the Republic of Moldova to Russia and a former socialist MP in the Moldovan Parliament. A new-old majority government was declared as being formed<\/a>: the same Sor Political Party members and \u201cFor Moldova\u201d ex-democratic turncoats, accompanied by socialists gathered to submit a candidate for prime minister, other than the one proposed by the president.<\/p>\n

Photo: privesc.eu<\/p>\n

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