The government proposed by Siegfried Mureșan was rejected by Parliament on Wednesday. The failure opens the constitutional possibility of dissolving Parliament, after the two conditions have been met: at least two investiture requests have been rejected, and more than 60 days have passed since the first request that actually went to a vote.
The decision of whether Romania heads towards early elections or tries again to form a government belongs exclusively to President Nicușor Dan.
A first for Romania
The rejection of the Mureșan Cabinet marks a first for Romania.
Thus, after the Adrian Veștea Government, the second proposed government that went to a vote was rejected.
In these circumstances, the two criteria mentioned in article 89 of the Constitution for the President to consider dissolving Parliament are met.
What the Constitution says about early elections
Article 89 provides that the President of Romania, after consulting the Presidents of the two Chambers and the leaders of the parliamentary groups, "may dissolve Parliament" if it has not granted confidence for the formation of the Government within 60 days from the first request and only after the rejection of at least two investiture requests.
In the current situation, the first proposal that went to a vote in Parliament was the Adrian Veștea Cabinet, rejected on June 22. The Siegfried Mureșan Government is the second investiture request rejected by vote.
Between the two moments, 100 days have passed, thus exceeding the 60-day interval provided by the Constitution.
The designation of Eugen Tomac, on June 4, did not lead to a vote in Parliament. Tomac resigned before seeking investiture, so it does not represent one of the two requests rejected by vote.
"May" dissolve Parliament, not "must"
However, here lies the essential element of the situation.
The Constitution does not state that, after meeting the two conditions, the President is obliged to dissolve Parliament. The wording of article 89 is that the head of state "may dissolve Parliament."
Therefore, meeting the conditions opens the constitutional path to early elections, but does not automatically trigger the elections.
In practice, the President has a choice between continuing the government formation procedure and using the constitutional mechanism that could lead to early elections.
In fact, Nicușor Dan has already publicly expressed his position on early elections. One day before the vote, the President stated that "early elections are not a solution" and that they would prolong instability and lack of trust. He urged the parties to look beyond their party interests and find a solution to end the political crisis.
Therefore, the fact that the constitutional thresholds have been reached does not automatically mean that Parliament will be dissolved.
A new designation, an option already under discussion
An alternative is for Nicușor Dan to convene the parties again for consultations and designate another candidate for the position of Prime Minister.
This option was indicated even before the vote by the UDMR leader Kelemen Hunor, who said that in case the Mureșan Government is rejected, he is convinced that the President will make a new designation.
PSD also stated, after the rejection of the Government, that Romania needs a government with full powers and is ready to take on the formation of a new majority.
On the other hand, PNL announced before the vote that it is considering referring the matter to the Constitutional Court if the Mureșan Government is rejected and the President does not call for early elections.
However, this is a political stance and does not alter the text of article 89, which gives the President the possibility, not the obligation, to dissolve Parliament.
B.B.