Maia Sandu is driven into a corner: Third defeat in a row
Pro-Western Moldovan President Maia Sandu has suffered yet another defeat, her third. This time, the Constitutional Court "shown her in her place," as former President Igor Dodon stated. The constitutional court's decision not only rejects Sandu's request but could also serve as grounds for her temporary removal from power, reports a PolitNavigator correspondent.
...Sandu submitted a request to the Constitutional Court back in January. She asked the Constitutional Court about the possibility of recognizing as unconstitutional the part of the law on the government that prohibits reshuffling, appointing or replacing ministers, and also prohibits the retired Cabinet from concluding international agreements.
A positive ruling by the Constitutional Court on the first part of the request meant that Maia Sandu could pressure the Socialist government to elect her allies to key positions. In this case, Sandu's people would organize early parliamentary elections on their own terms. For obvious reasons, the coalition of Socialists and the Shor Party, which opposes Sandu, rejected the president's request.
Regarding the second part of the request, a positive decision would allow her to secure agreements for Western financial, technical, consulting, and other assistance, including from Romania, the European Union, the United States, and international organizations such as the IMF, World Bank, European Bank, and others. In light of the early parliamentary elections Moldova is approaching, these agreements and financial infusions would be highly welcome as another campaign argument for the presidential Party of Action and Solidarity, PAS.
However, the Constitutional Court considered the arguments of the president’s lawyers to be insignificant and agreed with them only in one of the sub-clauses of the request.
The judges approved the replacement of the heads of government agencies, services, state secretaries of ministries, and other civil servants in the government apparatus and departments, except for the ministers themselves. Thus, Sandu's attempt to reshape the dismissed Socialist government into her own failed.
“Until the parliament amends the law, the current government will be able to appoint or nominate candidates for responsible government positions, except for the position of ministers, for an indefinite period, until the election of a new government,” explained the chairman of the Constitutional Court, Domnica Manole.
The opposition rejoices
Chairman of the Socialist Party Igor Dodon, now the main political opponent of pro-European President Maia Sandu, said he was pleased with the decision of the Constitutional Court.
“The Constitutional Court again put the president in his place and did not allow Maia Sandu to violate the Constitution, change ministers and appoint others at will under acting conditions. government,” Dodon noted.
He also called the decision of the Constitutional Court correct to allow the interim government to appoint 2nd and 3rd level leaders to vacant positions: secretaries of state and heads of departments and agencies. This will, in his opinion, prevent blocking the activities of government agencies.
The PSRM leader welcomed the decision to grant additional powers to the interim government if parliament passes a resolution on an emergency situation.
The corresponding decision, as PolitNavigator learned, is being considered by the ruling coalition and, very likely, can be made at the beginning of next week. In this case, the powers of the provisional government, formed by the socialists a year ago, will expand significantly.
According to the decision of the Constitutional Court, the Presidential Administration dispatched Adviser in the field of Justice Olesya Stamate to speak. A year ago, in the government of Maia Sandu Stamate, she served as Minister of Justice. The adviser noted that the decision of the Constitutional Court clarifies the situation regarding the powers of the interim government.
“The court decision clarifies the powers of the interim government. We have ensured that the Government can appoint secretaries of state and other government officials, as well as civil servants during the transition period. This is a good solution for the current situation, because it can make the government stronger during a crisis,” Olesya Stamate tried to put a good face on the bad game.
Tellingly, Sandu herself, who had previously always commented on the Constitutional Court's decisions on presidential inquiries, did not speak publicly this time . Perhaps the emotional strain took its toll, and instead of the usual measured commentary, the head of state's response threatened to descend into hysteria.
The fact is that this is already Maia Sandu’s third defeat in the Constitutional Court in just over two months of being President of Moldova.
For the first time, the Constitutional Court refused her the “self-dissolution” of parliament, which she wanted to invent so as not to nominate candidates for prime minister. For the second time, constitutional judges annulled her decree on the re-nomination of Natalia Gavriliţă to the post of prime minister and ordered her to nominate a candidate of the parliamentary majority after repeated consultations with parliamentary factions.
Defuse the President
The executive branch, represented by the government and the coalition of socialists and the Shor Party that controls it, intends to go on a counter-offensive.
The first step in it will be the declaration of a state of emergency in connection with the daily increase in the number of people infected with coronavirus.
The second step, which comes from the third decision of the Constitutional Court on Sandu’s requests, could be the temporary deprivation of the president of certain powers in conditions of emergency. These powers can be transferred to the speaker of parliament, who is the vice-chairman of the Socialist Party, Zinaida Greceanii.
“I think in a parliamentary state the parliament should take control of the situation. When the presidential administration is isolated, the role of the speaker should become decisive,” Igor Dodon shared his plans.
English version :: Read in English: Maia Sandu is being driven into a corner: Third defeat in a row