Deisgnated PM, Proposed Govt To Face A Parliament Immune To Dissolution

The Romanian Constitution states that, in the current situation, the Legislative can reject as many proposed governments as it wants, and the president can appoint whomever he wants, since the Parliament cannot be dissolved. In the meanwhile, the Boc Cabinet can stay on a provisional basis, with limited attributions.

The Constitution said, at article 103, that when the head of state designates a prime minister, „the candidate (..), within ten days, will ask the Parliament to cast a vote of confidence on the government and the governing agenda.”

According to the fundamental law, refusal to accept a government within 60 days, and only after the rejection of at least two government proposals, entails, in principle, the dissolution of the Parliament.

„After consulting the presidents of the two Chambers and the leaders of Parliament groups, the president of Romania can dissolve the Parliament, if it has not granted confidence to a government within 60 days from the initial request and only after the rejection of at least two requests of confidence,” reads the first paragraph of constitutional article 89.

However, this situation does not apply at this time, because the same article, in section three, states several exceptions from the president’s option to dissolve the Parliament, including the exception where the Parliament cannot be dissolved „in the last six months of the President’s mandate”.

Under these circumstances, until the future president of Romania – elected on November 22 with a potential second round of elections on December 6 – is not sworn in, the Parliament can reject as many government proposals as it pleases, and the president can propose as many candidates as it wants, since the Parliament cannot be dissolved.

Thus, constitutionally, the only method to remove the ministers in the ousted Boc 2 Government would be to grant confidence to one of the candidates proposed by President Traian Basescu and that candidate’s team. Until a new government is accepted by the Parliament and sworn in, the ministers and prime minister of the current Executive will remain in office.

In order to receive confidence, a Cabinet needs 236 votes in Parliament, namely a simple majority among the 471 MPs.