President Klaus Iohannis notifies CCR as to legal conflict of constitutional nature in relation to PM Dancila's legal holiday

President Klaus Iohannis lodged with Romania's Constitutional Court (CCR) on Friday, a request for the settlement of the legal conflict of a constitutional nature in the relation with the Prime Minister, the president motivating that Viorica Dancila did not inform him about taking the legal holiday and designating another member of the Gov't to exercise her duties. 

Decision no. 247/2018 signed by Viorica Dancila is invoked in the request tabled with the CCR, according to which, 6 to 13 August, Paul Stanescu, Deputy Prime Minister and Minister of Regional Development and Public Administration will exercise the prime minister's duties, holding the operative leadership of the Gov't. 

"The failure of Romania's Prime Minister to inform Romania's President of the impossibility to exercise her duties 6 to 13 August 2018 and her action to designate another member of the Gov't to temporarily exercise, the prime minister's duties by issuing an act (Decision no. 247/2018) exceeding the competencies established by the Fundamental Law, has brought about a legal conflict of a constitutional nature between the two authorities (...). By proceeding in such a manner, Romania's Prime Minister places herself outside the constitutional framework provided for by Article 107 paragraph 3 in the Constitution," the request shows. 

According to the same source, premier Viorica Dancila also breached the provisions of Article 1, paragraph (5) of the Fundamental Law, its component that refers to the supremacy of the Constitution, as well as to the principle of loyal collaboration, as it was developed in the Constitutional Court's jurisprudence. 

"The constitutional role and the specificity of the prime minister's duties entail that he/she exercise his/her duties permanently and uninterruptedly wherever he/she might be, including during the legal holiday. However, every time he/she should consider that it is impossible to exercise his/her duties, even on this occasion, take precedence the constitutional provisions regarding the assurance of the prime minister's interim duties," the request for the settlement of the legal conflict of a constitutional nature further mentions.