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| THE NICOLAI CASE AT THE CONSTITUTIONAL COURT 25/01/2008 |
| (2008-01-25) |
| Last updated: 2008-01-28 15:12 EET |
Liberal Prime Minister Calin Popescu Tariceanu has sent a note to the Constitutional Court asking it to establish the existence of a legal conflict of Constitutional nature between the government and the presidency caused by the president’s refusal to approve the Prime Minister’s nomination of senator Norica Nicolai for the position of Justice minister. Since the Constitutional Court can settle legal conflicts of constitutional nature between public authorities, the aforementioned institution will have to give a verdict in this case within 20 days.
The refusal of president Basescu to sign the decree appointing Norica Nicolai as justice minister has been put down by political analysts to the strife between the two palaces, which has lasted for several years now. The crisis has gained momentum after the stepping down of the former justice minister Tudor Chioariu, currently under criminal investigation. Prime Minister Tariceanu has nominated Norica Nicolai, a senator and vice-president of the National Liberal Party for the vacant portfolio. But the nomination was not to the liking of the president who justified his refusal invoking Norica Nicolai’s past activity as a prosecutor and MP, which in Basescu’s opinion makes her unsuitable for the position of justice minister.
The Liberals, part of the ruling coalition along with the Democratic Union of Ethnic Hungarians in Romania, say the president does not have the right to oppose to a minister’s nomination, which is the exclusive responsibility of the Prime Minister. Calin Popescu Tariceanu on Thursday said he maintained his stance in the Nicolai case and that his party would not come with another proposal for this portfolio only to reach a compromise with the president. In another move, Valeriu Stoica, vice-president of the Democratic Liberal Party, a pro-presidential political group in opposition, said that notifying the Court was an act of ignoring reality, as the president had not refused to appoint senator Nicolai, but called for another nomination.
This is not the first time that Prime Minister Tariceanu calls on the Constitutional Court to settle a conflict with the president. Last year, president Basescu refused the nomination of Adrian Cioroianu for the position of foreign minister. At that time the Constitutional Court said the president did not have the right to veto, but admitted his right to ask the prime minister to give up his proposal if the nominee failed to comply with the requirements stipulated by law. If the court’s decision does not favour president Basescu again, he will have to approve the appointment of senator Nicolai to the position of justice minister, a move which is by no means expected to ease the tension between the two palaces.
(Valentin Tigau)
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