Dismissed Romanian government can remain in power indefinitely, says former Constitutional Court chief

A dismissed government in Romania can remain in power for an extended period, potentially "for a long time," according to Augustin Zegrean, former president of the Constitutional Court (CCR).

Zegrean explained that a government dismissed by a no-confidence vote is not subject to the 45-day limit applicable to interim governments. Instead, it continues to manage the country's current affairs until a new government takes the oath of office. "So, they can stay there for a long time until someone comes and says, 'We are the new government,'" Zegrean stated.

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this government is not in the situation of an interim government, but is a government dismissed by a motion of no confidence. The Constitution states that if the government is dismissed by a motion of no confidence, that government administers the current affairs of the country until the oath of office is taken by a new government.

He addressed the situation of interim ministers appointed before the government's fall, suggesting that the dismissed prime minister could appoint new interim ministers to replace those who resigned. This could lead to a scenario where one interim minister oversees multiple departments.

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So, they can stay there for a long time until someone comes and says, 'We are the new government.'

Zegrean drew parallels to a similar situation in 2009 when the parliament failed to convene to approve a prime minister nominee, leading to expired deadlines. He described the current political events as "comical," contrasting them with the expected process in other countries where a no-confidence motion is typically accompanied by a new governing program and a list of proposed ministers.

While the constitution does not explicitly prohibit such prolonged dismissals, Zegrean argued that it defies political logic and common sense. "The constitution does not prohibit it; it's a matter of common sense, of political logic. You remove the government for a specific reason, state the reason, and then say what you will do if they leave. That would be normal. But who stops them from doing so? Nobody stops them. And even if it were written in the constitution... Well, even what is written in the constitution is not respected, let alone what is not written!" he remarked.

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The constitution does not prohibit it; it's a matter of common sense, of political logic. You remove the government for a specific reason, state the reason, and then say what you will do if they leave. That would be normal. But who stops them from doing so? Nobody stops them. And even if it were written in the constitution... Well, even what is written in the constitution is not respected, let alone what is not written!