Article 23 President
The President of the Republic shall he the Head of State. He shall be a Muslim.
Article 24 Presidential Functions
(1) The President of the Republic shall he the guardian of the constitution. He shall represent the State. He shall guarantee, through his arbitration, the continuous and regular functioning of public power.
(2) He is the guarantor of national independence and territorial integrity.
Article 25 Executive Power
The President of the Republic exercises the executive power. He shall preside over the Council of Ministers.
Article 26 Election
(1) The President of the Republic is elected for six years by direct, universal suffrage.
(2) 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.
(3) Any citizen born a Mauritanian, possessing his civil and political rights, and at least forty years of age is eligible to be President of the Republic.
(4) The election commences upon convocation by the President of the Republic.
(5) The election of the new President of the Republic shall take place at least thirty days and at most forty-five days before the expiration of the sitting President's mandate.
(6) The conditions and the forms for accepting the candidacy as well as the rules regarding the death or incapacity of candidates for the Presidency of the Republic are determined by an organic law.
(7) Candidacy papers shall be sent to the Constitutional Council which shall rule on their legality and announce the results of the election.
Article 27 Incompatibility
The office of the President of the Republic shall be
incompatible with the exercise of any other public or private office.
Article 28 Re-Eligibility
The President of the Republic shall be eligible for re-election.
Article 29 Taking Office
The newly elected President shall take office at the expiration of the mandate of his predecessor.
Article 30 Competences
(1) The President of the Republic shall determine and conduct the foreign policy of the Nation as well as its defense and security policy.
(2) He shall appoint the Prime Minister and discharge him from his functions.
(3) Upon the recommendation of the Prime Minister, the President 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.
(4) The President of the Republic shall communicate with the Parliament through messages. These messages shall not be the subject of any debate.
Article 31 Dissolution of Parliament
(1) 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 days and at most sixty days after the dissolution.
(2) The National Assembly shall meet in regular session fifteen 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 days.
(3) There cannot be a new dissolution of the Assembly during the twelve months which follow these elections.
Article 32 Promulgation, Statutory Power, Appointments
(1) The President of the Republic promulgates the laws within the time period determined by Article 70.
(2) He shall have statutory power and may delegate some or all of this power to the Prime Minister.
(3) He shall appoint candidates to civil and military positions.
Article 33 Countersignature
Decrees of statutory character are countersigned, if necessary, by the Prime Minister and the ministers charged with their execution.
Article 34 Commander-in-Chief
The President of the Republic is the Supreme Chief of the Armed Forces. He presides over the Superior National Defense Councils and Committees.
Article 35 Accrediting Ambassadors
The President of the Republic accredits ambassadors and special envoys from foreign powers. Ambassadors and special envoys shall present their credentials to him.
Article 36 Treaties
The President of the Republic signs and ratifies treaties.
Article 37 Pardon
The President of the Republic has the right to grant clemency and the right to remit or commute sentences.
Article 38 Presidential Referendum
The President of the Republic, on any question of national
importance, may have recourse to the people through a referendum.
Article 39 Emergency Measures
(1) When an imminent peril threatens the institutions of the Republic, the security or the independence of the Nation, or the integrity of its territory, and when the normal functioning of the constitutional powers is impeded, 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.
(2) He shall inform the nation by a message.
(3) These measures, inspired by the will to assure the re-establishment, as soon as possible, of the continuous and regular functioning of the public powers, shall cease to be in effect in the same form as soon as the circumstances that have caused them will no longer exist. Parliament shall meet in regular session.
(4) The National Assembly may not be dissolved while the President of the Republic is exercising exceptional powers.
Article 40 Interim Presidency
(1) 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.
(2) Unless a case of force majeure is declared by theConstitutional Council, the election of the new President of the Republic will take place within three months from the declaration of vacancy or absolute incapacity.
(3) During the interim period, no constitutional modifications may be instituted either by referendum or by parliamentary means.
Article 41 Initiative
The Constitutional Council, in order to declare a vacancy or an absolute incapacity, shall be informed by one of the following:
- The President of the Republic;
- The President of the National Assembly; or
- The Prime Minister.
Article 42 Prime Minister's Functions
(1) The Prime Minister, under the authority of the President of the Republic, defines the policy of the government.
(2) He divides the tasks among the ministers.
(3) He directs and coordinates the action of the government.
(1) The government oversees the implementation of the general policy of the State in accordance with the orientations and options determined by the President of the Republic.
(2) It is in charge of the administration and the Armed Forces.
(3) It oversees the publication and the execution of the laws and statutes.
(4) It is responsible to the Parliament according to the conditions and following the procedures set forth in Articles 74 and 75.
Article 44 Governmental Incompatibilities
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 is replaced. The replacement of members of Parliament shall take place according to the dispositions of Article 48.