What happens when the mandates of interim ministers expire?

What happens when the mandates of interim ministers expire?

The mandates of the six interim ministers who took over the portfolios left vacant after the PSD’s withdrawal from the Government expire on Wednesday, June 10, 45 days after their appointment. The Constitution sets the maximum duration of an interim term, but does not explicitly establish what happens after this term expires.

Former judge of the Constitutional Court, Petre Lăzăroiu, stated in an interview for Digi24 that interim Prime Minister Ilie Bolojan can appoint other interim ministers to ensure the continuity of the Government’s activities.

"The Constitution clearly states that the interim term lasts for 45 days. But the Constitution does not specify what happens after these 45 days. Logically, the interim ministers should leave, but at the same time, the Government, which is not yet interim, is dismissed by a vote of no confidence, only that it remains until the new Government is installed, and the Prime Minister can appoint other interim ministers in place of those who held the interim position," Lăzăroiu declared.

The Government remains in office until the installation of a new Cabinet

The former CCR judge explained that the current situation is particular because the dismissed Government continues to function with limited powers until the inauguration of a new Executive.

"The dismissed Government, even though it no longer has the full powers it exercises, must wait until the new government is installed, which may take time. The Constitution does not specify how long - one attempt, two attempts, if early elections are held, if not - these are matters regulated by Parliament," he stated.

What happens if a new interim minister is not appointed

When asked about the possibility of delegating a minister's duties, Petre Lăzăroiu pointed out that these responsibilities can be temporarily taken over by the ministry's general secretary, but with significant limitations.

According to him, the general secretary can only sign current administrative and financial documents, such as payments or salaries, but cannot make political or administrative decisions within the minister's competence.

"The ministry is blocked because at the decision-making level, the general secretary taking over, according to the Administrative Code, cannot make decision acts on behalf of the minister," explained the former CCR judge.

Who are the interim ministers whose mandates are expiring

On April 23, the PSD ministers resigned from the Government led by Ilie Bolojan. To ensure the functioning of the Executive, the Prime Minister appointed interim ministers to the remaining vacant portfolios.

Thus, Dragoș Pîslaru took over the Ministry of Labor, Cseke Attila the Ministry of Health, Tanczos Barna the Ministry of Agriculture, Cătălin Predoiu the Ministry of Justice, and Radu Miruță the Ministry of Transport. The interim at the Ministry of Energy was ensured by Prime Minister Ilie Bolojan himself.