Outgoing Prime Minister Nastase said on 16 December that President-elect Basescu must appoint a prime minister from among the parties that had a majority in the legislature. Nastase warned that if Basescu ignored that advice, the Social Democrats might boycott the parliamentary debate on a vote of confidence, denying thus Parliament a quorum.
President-elect Basescu responded to Nastase's warning by saying no constitutional crisis would arise as long as the constitution was strictly adhered to. Basescu argued that the PNL-Democratic Party alliance had run in the 28 November elections as a "political alliance" and thus had the largest caucus in parliament, comprising 161 deputies and senators. The Social Democrats and the Humanist Party (PUR) ran as an "electoral alliance" and therefore consisted of two parliamentary groups: 159 Social Democratic lawmakers and 30 PUR lawmakers.