CHISINAU. Oct 17 (Interfax) - The Moldovan Constitutional Court has delegated the right to endorse a candidate for defense minister proposed by the prime minister to the parliamentary speaker if the president refuses to do so.
The court delivered the judgment on Tuesday after considering the government's request.
Moldovan President Igor Dodon had earlier refused to promulgate a number of bills and appoint the candidate for defense minister proposed by the prime minister. The law requires the president to do so after the parliament votes again or the prime minister again proposes the same candidate. As the law does not specify what is to be done if the president does not follow the law, the government turned to the Constitutional Court for clarification.
The government asked the Constitutional Court what should be done if the president repeatedly refuses to sign decrees promulgating bills and appointing ministers.
The Constitutional Court resolved that the president's refusal calls into play constitutional provisions dealing with the president's inability to carry out his duties.
"In this case, the relevant duties are lawfully transferred to the parliamentary chair. Inability to perform one's duties is determined by the Constitutional Court in each particular instance," the court said in its ruling, which is final and cannot be disputed.
Presidential aide on legal matters Maxim Lebedinschi told journalists on Tuesday that President Igor Dodon would not recognize the Constitutional Court's judgment.
"We do not recognize this judgment, and let the Constitutional Court judges implement it themselves. A minister appointed this way is illegitimate and unlawful," Lebedinschi said.
"Today's decision is a crime subject to prosecution," Lebedinschi said. "Sooner or later, all Constitutional Court judges will have to answer before the law. All of us should understand that one might end up in jail for such decisions. I am saying this primarily as a law expert," he said.
"The constitution is not a rug that citizens of another country can use to wipe their feet," Lebedinschi said. "This is especially relevant when the matter concerns foreign citizens [five of the six judges of the Moldovan Constitutional Court also have Romanian citizenship]. They were not born in this capacity and won't be in this capacity forever. I can say confidently that today's decision is a comprehensive action to usurp power by undermining all government establishments," he said.
Lebedinschi declined to give more comments as to how the Constitutional Court's ruling might be enforced.