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The President of the Constitutional Court of Romania (CCR), Valer Dorneanu, stated on Monday that the CCR does not indicate to President Klaus Iohannis whom to appoint as Prime Minister and reproached Ludovic Orban for accepting the appointment in order to "fail" the Government.
"Unfortunately, either the gist of our release was not well understood, either there are some that have the tendency to twist our decision. I want to say I am happy with the remarks of the President of Romania, who said he will wait for the decision of the Constitutional Court and after that he will make observations and decisions. I don't know from where it was understood that we, in our decision, said that the President couldn't designate Prime Minister Orban or that the President cannot choose and designate any other person as candidate for the position of prime minister. What we said is the following: according to article 101, paragraph 3 of the Constitution, the President, in case of crisis, following the dismissal of a government, proposes to Parliament a candidate for the position of prime minister, a person, if there is no majority party, who surfaces following the dialogue between the President and the political parties, dialogue that would indicate a person capable of coalescing a parliamentary majority, which would form the government," said Dorneanu.
He stated that in the CCR's decision, the fact that Ludovic Orban was not proposed to form a government, but to have a government "fail".
On the other hand, Dorneanu mentions that he does not doubt the President's good faith in designating Ludovic Orban, and the decision of the Constitutional Court does not indicate to Iohannis whom to appoint next.
"What we reproached was the fact that the nominated person - I am not speaking here of Ludovic Orban, but the candidate that was proposed - the candidate was not proposed to form or coalesce a government, but was proposed, as the candidate states, so he would have it fail. So the sense of the constitutional provisions is that a proposal be made with the purpose of constituting, of forming a government that would ensure the continuity of the functioning of the rule of law. It is not acceptable to propose someone who formally accepts and, after coming out of consultations, says he will not vote for the Government. I am not doubting the good faith of the President for proposing him. As he proposed him last time, when he didn't have a majority, and proposed him in the hope Ludovic Orban will coalesce that majority and to his merit, then it was coalesced. Practically, now, he refused the investiture as candidate for the position of prime minister-designate because immediately his gestures, and not only, his political statements, all that he did, the decision of the PNL leadership, were carried out in the sense of him not wanting to be invested. This was the reason for which we noted [the legal conflict], not in order to indicate to the President whom to appoint next. (...) My status forces me to be reserved. I cannot pronounce myself now on what will happen next," said Valer Dorneanu.
The Constitutional Court noted on Monday, in agreement with CCR Decision no. 80/2014, that the designation of the candidate for the position of prime minister must have as a purpose ensuring the coalescing of a parliamentary majority in view of forming a new government.
The CCR established there is a legal conflict of a constitutional nature between the President and Parliament regarding the designation of the PNL chair, Ludovic Orban, as Prime Minister.
Thus, President Klaus Iohannis must make a new nomination for the position of prime minister. AGERPRES
