|
TITLE II THE EXECUTIVE BRANCH Article 23: The President of the Republic shall be the chief of State. He shall be a Muslim. Article 24: The President of the Republic shall be the guardian of the constitution. He shall represent the State. He shall guarantee, through his arbitration, the continuous and regular functioning of public power. He is the guarantor of national independence and territorial integrity. Article 25: The President of the Republic shall exercise the executive power. He shall preside over the Council of Ministers. Article 26: The President of the Republic shall be elected for six years by direct universal suffrage. He shall be elected by an absolute majority of the votes. If an absolute majority is not obtained by one of the candidates during the first round of the election, there will be a second round on the second following Friday. Only the two candidates remaining in the election who have received the greatest number of votes in the first round may present themselves as candidates. Any citizen, born in Mauritania, possessing his civil and political rights, and at least forty (40) years old, shall be eligible to be President of the Republic. The election shall commence upon convocation by the President of the Republic. The election of the new President of the Republic shall take place at least thirty (30) days and at most forty-five (45) days before the expiration of the sitting president’s mandate. The conditions and the forms for accepting the candidate as well as the rules regarding the deal or incapacity of candidates for the President of the Republic shall be determined by an organic law. Candidacy papers shall be sent to the Constitutional Council, which shall rule on their legality and announce the results of the election. Article 27: The Office of the President of the Republic shall be incompatible with exercise of any other public or private office. Article 28: The President of the Republic shall be eligible for reelection. Article 29: The well elected President shall take office at the expiration of the mandate of his predecessor. Article 30: The President of the Republic shall determine and conduct the foreign policy of the Nation as well as its defense and security policy. He shall appoint the Prime Minister and discharge him from his functions. Upon the recommendation of the Prime Minister, he shall appoint the Ministers to whom he may delegate by decree certain of his powers. He shall discharge them from their functions, after consultation with the Prime Minister. The Prime Minister and the ministers are responsible to the President of the Republic. The President of the Republic shall communicate with the Parliament through messages. These messages shall not be the subject of any debate. Article 31: The President of the Republic, after consultation with the Prime Minister and the Presidents of the Assemblies, may pronounce the dissolution of the National Assembly. General elections shall take place at least thirty (30) days and at most sixty (60) days after the dissolution. The National Assembly shall meet in regular session fifteen (15) days after the elections. If this session takes place during a period outside of the periods set aside for ordinary sessions, a session shall be legally opened for a period of fifteen (15) days. There cannot be a new dissolution of the Assembly during the twelve (12) months which follow these elections. Article 32: The President of the Republic shall promulgate the laws within the time period determined by article 70 of the present Constitution. He shall have statutory power and may delegate some or all of this power to the Prime Minister. He shall appoint candidates to civil and military positions. Article 33: Decrees of statutory character shall be counter-signed, if necessary, by the Prime Minister and the ministers charged with their execution. Article 34: The President of the Republic shall be the Supreme Chief of the Armed Forces. He shall preside over the Superior National Defense Councils and Committees. Article 35: The President of the Republic shall accredit ambassadors and special envoys from foreign powers. Ambassadors and special envoy shall present their credentials to him. Article 36: The President of the Republic shall sign and ratify treaties. Article 37: The President of the Republic shall have the right to grant clemency and the right to remit or commute sentences. Article 38: The President of the Republic, on any question of national importance, may have recourse to the people through a referendum. Article
39: When an imminent peril threatens the institutions of the Republic,
the security of the independence of the Nation, of the integrity of
its territory and when the normal functioning of the constitutional
powers are hampered, the President of the Republic shall take the measures
required by these circumstances, after official consultation with the
Prime Minister, and with the Presidents of the Assemblies and of the
Constitutional Council. Article 40: In the case of a vacancy, or an incapacity declared to be absolute by the Constitutional Council, the President of the Senate shall become the interim President of the Republic for managing current business. The Prime Minister and the members of the government, considered as having resigned, shall assure the managing of current business. The interim President may not discharge them from their functions. He may not have recourse to the people through a referendum nor dissolve the National Assembly. Unless a case of force majeure is declared by the Constitutional Council, the election of the new President of the Republic will take place within three (3) months from the declaration of the vacancy or the absolute incapacity. During the interim period, no constitutional modifications may be instituted either by referendum or by parliamentary means. Article 41: The Constitutional Council, in order to declare a vacancy or an absolute incapacity, shall be apprised by one of the following :
Article 42: The Prime Minister, under the authority of the President of the Republic, shall define the policy of the government. He shall divide the tasks among the ministers. He shall direct and coordinate the action of the government. Article 43: The government shall oversee the implementation of the general policy of the State, in accordance with the orientation and options determined by the President of the Republic. It shall be in charge of administration and the armed forces. It shall oversee the publication and the execution of the laws and statues. It shall be responsible to the Parliament, according to the conditions and following the procedures set forth in articles 74 and 75 of the present Constitution. Article 44: The functions of a member of the government are incompatible with the exercise of any parliamentary mandate, with any function of professional representation of a national character, with any professional activity and, in general, with any public or private employment. An organic law shall determine the conditions under which the holders of such mandates, functions or employment shall be replaced. The replacement of members of Parliament shall take place according to the dispositions of article 48 of the present Constitution. |