CCR partially upholds Government-Presidency legal conflict. What does it mean? Iohannis: The ruling doesn’t alter the existing political situation


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The Constitutional Court has partially upheld the constitutional conflict claimed by PM Viorica Dancila after President Iohannis had denied to appoint the proposed interim ministers.

Therefore, President Iohannis will be compelled by CCR to dismiss the ministers sacked by PM Dancila, to approve the proposed interim ministers and to motivate his denial to appoint new ministers. At the same time, the CCR’s ruling also compels the prime minister to come before the Parliament to seek a vote of confidence for her Cabinet.

The Constitutional Court has convened today to debate the legal conflict between the Government and the Presidency, after PM Viorica Dancila has notified the constitutional judges over President Klaus Iohannis’ denial to appoint the minister she proposed within the latest government reshuffle.

The parties had to send their opinions in written until today.

Presidential adviser Mihaela Ciochina told the constitutional judges today that the conflict claimed by PM Dancila is a political one, and a potential legal conflict might have been between the Government and the Parliament.

“We consider that the alleged conflict is political, as the prime minister is currently denying that the ruling coalition is broken up and a potential legal conflict might be considered only between the Government and the Parliament, generated by the implicit denial of the prime minister to ask for the Parliament’s approval”, the presidential aide argued.

Government secretary general Toni Greblă has stated the constitutional judges will probably declare there is a conflict generated by the President’s denial to name new interim ministers, arguing that Iohannis could have solved the issue through consultations, but he also refused that.

President Iohannis has refused all reshuffle proposals submitted by PM Dancila, including the interim nominations.

In retort, PM Dancila accused the head of state of breaking the Constitution, more precisely the principle of loyal collaboration between institutions.

It’s not the first time that we are in this situation and it’s obvious Mr. Iohannis has not understood what’s happening after some offices in the Government become vacant,” the prime minister said early this month.

Iohannis’ statements

After CCR had announced the ruling, President Iohannis has held a press statement, saying that today’s ruling doesn’t alter the political situation that the Romanian Government has been facing for more than three weeks.

“One thing is clear, the government is not the same as before ALDE’s exit from the ruling coalition and the prime minister is compelled by the Constitution to go before Parliament and ask for a vote of confidence.

I am happy to find out that CCR had inevitably reached the same conclusion that I have been saying for 3 weeks: Dancila Government has lost its legitimacy and it must go immediately before the Parliament and ask for a validation vote,” the head of state pointed out.

He argued that the other aspects mentioned in the CCR ruling are deadlocks generated by the prime minister’s denial to go before the Parliament, where “she should have come right from the start”.

President Iohannis added he will take a decision after CCR releases its reasoning.

Dancila urges the President to sign decrees

PM Viorica Dancila has also reacted to the CCR ruling, saying she is waiting for President Iohannis to sign the decrees appointing the ministers, while adding she will go before the Parliament for a vote of confidence proposing a restructured Cabinet.

“Either it’s ill will or incompetence, the CCR ruling today tells the entire country that president Iohannis has violated the Constitution!”, Dancila says in a Facebook post.

“The ruling shows clearly president Iohannis’ abuse on his denial to name the interim ministers and ensure the Energy, Environment and Parliament Liaison ministries are functioning. As I have said since last week, the head of state has violated the Constitution, cynically and recklessly, generating a deadlock in the Government and delaying the salaries of the Romanians who work in these ministries”, the PM added.

Dancila informed she will come before the Parliament with a new Cabinet proposition. “We proved we have majority and we are not afraid of a vote. We won’t give up ruling regardless of the Opposition’s empty threats, desperate attacks and setbacks.”

The premier said she will go before Parliament after the censure motion, that the Social Democrats will attend the plenary sitting but they will not vote the censure motion. On the other hand, Dancila added that it is not President Iohannis who decides when the prime minister has to go before the Parliament with a new Government structure.

Dancila had sent to Presidency several nomination as interim ministers: Niculae Bădălău proposed as Energy minister, Ioan Deneș – Environment and Ștefan Radu Oprea – Parliament Liaison, after ALDE had quit the ruling coalition and ALDE minister had resigned from office.

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