Moldovan government notified top court on procedure for appointing ministers

Chisinau, 19 September /MOLDPRES/- The government approved a decision at a special meeting this morning notifying the Constitutional Court on the interpretation of Article 98 (6) of the Constitution in order to clarify the actions that may be taken by the premier and the decisions that can be adopted by the parliament if the president refuses the repeated proposal for appointment of a minister, the government’s communication and protocol department has reported.

The government decision is aimed at avoiding an institutional blockade at the Defense Ministry.

In the context, the Constitutional Court partially addressed this issue, but no to the extent of excluding any ambiguous interpretation. Thus, the Constitutional Court’s decision no.15 of 23 March 1999 notes that the exercise of the power of appointing the government by president based on parliament’s confidence vote is mandatory and does not depend on the will of the president. The president cannot refuse the appointment of the government, it must comply with the requirements resulting from parliament’s confidence vote.

At the same time, the court concluded that the president is not entitled to refuse the appointment of the government, even if he does not agree with nominal composition. Non-execution of constitutional powers by president would lead to violation of the principle of separation and cooperation of state powers stipulated in the article 6 of the Constitution.