Center for Fundamental Rights

The laws do not set out deadline for the forming of the government

The Center for Fundamental Rights evaluated the provisions of the Fundamental law and other laws applicable to the forming of a new government. The Center concluded that the effective regulations do not set out any mandatory deadline for the forming of a new government, considering the followings. The new Prime Minister shall make his/her proposal for the members of a new government immediately after he/she has been elected and the laws regarding the new ministerial structure have entered into force. Notwithstanding this, no deadline applies to the Committees of the Parliament as regards the hearing of the ministers. The President is not bound by any deadline as regards the appointment of a new government, either. The so-called ‘40-days rule’ referred in the press on several occasions applies to the election of the Prime Minister and not to the forming of a new government. Further to such rule, the President can (but is not obliged to) dissolve the Parliament if it did not elect the Prime Minister within 40 days after the first proposal for the new Prime Minster has been submitted.