President Rumen Radev trampled on the Constitution and plunged the country into an unprecedented crisis.
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Article 99, para. 5 of the country’s basic law places the president in bound jurisdiction, which means that he is obliged to appoint the caretaker government proposed by the prime minister-candidate, experts in constitutional law explained specially for “Standard”.
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Radev cannot make a judgement, because in the Constitution such is imputed to the candidate for prime minister.
The entire judgment regarding the names and qualities of the proposed ministers rests with the prime minister-designate, the constitutionalists added. They emphasized that this is precisely the meaning of the amendments to the Constitution, which curtailed the powers of the head of state to determine the composition and structure of the official cabinet.
Thus, the president grossly violated the constitution and became the author of another constitutional crisis in our country, the experts say categorically.
Gorica Grancharova fulfilled her constitutional obligations and, as a candidate for prime minister, proposed the entire structure and composition of the official cabinet. In this situation, the president does not have the right to judgment and reasoning according to the new changes in the Constitution. He is required to appoint the proposed government.
Failure to do so plunges the country into an unprecedented constitutional crisis. The situation becomes even more complicated because Radev is obliged to issue a decree also for his refusal to appoint the interim government. But even if he did, according to the new changes in the constitution, this refusal is null and void. Which means that a referral to the Constitutional Court is most likely pending.
If he does not issue a decree at all, the constitutional crisis becomes even more serious, because the situation of silent refusal is entered, which is also an act on which the constitutional court must rule, the lawyers explained to “Standard”.
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