Doctor of Law Nicolae Osmochescu, former judge of the Constitutional Court, considers we are now witnessing a rather acute political crisis, which is the result of the incoherent and often illogical actions of the previous governments and parties, first of all of those that formed the Alliance for Europeans Integration. In an interview for Radio Free Europe, Nicolae Osmochescu said that if a parliamentary coalition is not formed, the country will enter a governmental and parliamentary crisis and the early legislative elections will be inevitable, IPN reports.
According to the Doctor of Law, the elections could be held after March 23, 2016, when the tenure of President Nicolae Timofti expires. Until then the acting government will have limited powers and duties related only to public administration, until a new Cabinet is invested. In the period, Parliament works as usual.
The expert stated that when the term in office of President Nicolae Timofti expires, this will continue to hold the post until a new head of state is sworn in. If the situation of 2011-2012 repeats and a new President cannot be elected, the post of head of state will be held by the Head of Parliament on a temporary basis. If the Speaker cannot hold the post for different reasons, this will be occupied by the Prime Minister.
However, Nicolae Osmochescu considers an ad-hoc coalition with at least 61 votes could be ultimately formed in Parliament to elect the head of state. All these problems can be solved easily if a stable majority coalition exists in Parliament. “Article 78 says it clearly that if the head of state is not elected by Parliament by two attempts, this is dissolved. President Timofti was elected one day before this term expired,” he said.
He added that the situation is much the same in the case of governments as this are formed on the last 100 meters. “If the period for forming the government expires, the head of state has the right to dissolve Parliament, but the Constitutional Court ruled that he is even obliged to do this. The feeling of self-preservation and the desire to keep the posts appear and thus those entitled vote,” stated Nicolae Osmochescu.
