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Constitution: the president names an interim premier and after consultations with the parties a candidate for the position of prime-minister

An interim premier from the present members of the government, named by president Klaus Iohannis and the starting of consultations with the parties in the parliament with a view to naming a candidate for the position of prime-minister are among the constitutional steps that have to be taken, in the period to come, for the formation of a new cabinet.

According to article 106 of the Constitution of Romania ‘the position of member of the government stops as a result of resignation, revocation, loss of electoral rights, incompatibility, death as well as of other cases included in the law’.

Article 107, (3) says that ‘ if the prime minister is one of the situations included in article 106 with the exception of revocation or impossibility to exercise his attributions, the President of Romania will name another member of the government as interim prime-minister to achieve the attributions of the prime minister, to the formation of the new government. The interim period stops if the prime minster takes back its activity in the government’ .According to the fundamental alw, these provisions ‘ apply to the other members of the government, at the proposal of the prime-minister for a period of at most 45 days’ the (4) says.

At the same time, article 110, which refers to the cession of the mandate, includes (2) which says that the government is destituted the moment the parliament withdraws its trust if the prime-minister is in one of the situations included in article 106 with the exception of revocation or in the impossibility to exercise its attributions more than 45 days.

The following two lines of the same article show that in the situations included in (2) are applicable to article 103 and the government whose mandate stopped according to (1) and (2) covers only the necessary documents for the administration of the public business until the new government is sworn in.

The Constitution of Romania includes in article 103 (1) that for the nomination of a government ‘ the president of Romania names a candidate for the position of prime-minister following the consultation of the party which has the majority in the parliament or, if there is no majority, of the parties represented in the parliament’.

This article says ‘ the candidate for the position of prime minister will require in 10 days since nomination, the trust vote of the parliament on the programme and the whole list of the government’ . (3) says that ‘ the programme and the list of the government are debated in the Deputies’ chamber and the senate, in a joint meeting. The parliament offers its trust to the government with the vote of the majority of the deputies and the senators’.



Thursday, November 5, 2015