Tudorel Toader explains why Ilie Bolojan could no longer be appointed prime minister after the censure motion: the Orban precedent, invoked
The former constitutional judge Tudorel Toader claims that a possible reappointment of Ilie Bolojan for the position of prime minister, after a no-confidence motion, could violate the logic of the decisions of the Constitutional Court and the will of the Parliament.
Tudorel Toader, former constitutional judge PHOTO: Archive, the truth
Toader explains that the effect of a no-confidence motion is a clear political and institutional one:
“The adoption of a motion of no confidence is a vote of reproach against the Prime Minister and the government team. It is a vote of reproach in the sense that the Parliament expresses its lack of confidence in the ability of the Prime Minister and the Government to implement the government program”, he declared for Digi24.
In his opinion, a possible new appointment immediately of the same person would raise constitutional issues. “If you propose the same prime minister, the same candidate, it means that the president who makes the proposal does not take into account the will of the Parliament. However, in the balance of powers in the state, the Parliament is sovereign”Tudorel Toader also said.
Toader invokes CCR Decision no. 85/2020, related to the appointment of Ludovic Orban after the dismissal of his government: “There is CCR Decision No. 85/2020, with reference to Ludovic Orban, whom Klaus Iohannis wanted to re-designate as prime minister, and the CCR said that the same person who was the subject of a censure motion cannot be appointed”Toader specified.
The former judge admits, however, that there have been returns to office, but in exceptional contexts.
“In the meantime, Florin Cîțu had been appointed, who submitted his mandate. The pandemic intervened, the socio-economic conditions changed, and the context in which Orban was invested the second time was different.”
He also referred to the case of Emil Boc. “Yes, but Boc was reinvested after Traian Băsescu was re-elected. Therefore, we have two examples of prime ministers who were dismissed by motion of censure and later reinstated, but each time an event occurred that changed the context in which the motion was adopted”explained the former judge.
PNL leader: “Ilie Bolojan can be appointed prime minister again”
On the other hand, the leader of the PNL deputies, Gabriel Andronache, said on Thursday, May 7, that Ilie Bolojan could be appointed prime minister again, even if the government led by him fell through a no-confidence motion.
“Ilie Bolojan can be appointed prime minister again. The decision of the Constitutional Court in 2020 is very clear. The prime minister dismissed by a motion of censure can be appointed again to form the Government, if: The President of Romania does not seek to provoke early elections, by appointing the same candidate (former prime minister). We are not in this scenario. Condition fulfilled”wrote Gabriel Andronache, on FB.
According to him, another condition is the coagulation, by the designated candidate, of a new parliamentary majority that is not formed by the same parties that formed the majority before the censure motion.
“Condition met because the PNL adopted a decision to rule out a new coalition with the PSD”said the liberal.
Also, he says, it is necessary that “the designation of the same candidate should not be immediate to the censure motion, that is “to pass a reasonable period of time“ from the date of the censure motion, in which the Parliament's opinion can be changed regarding the former Prime Minister”. “And this condition is about to be fulfilled”he added.
The political crisis was triggered by the adoption of the censure motion submitted by PSD and AUR, which passed with 281 votes “for”, out of 288 MPs present.
The government led by Ilie Bolojan was thus dismissed, but will remain interim until the formation of a new executive.
President Nicușor Dan started on Wednesday, May 6, informal consultations with the leaders of the governing parties.
