The Executive

General Provision
 
Article 37  [Executive Power]
The executive power is vested in the President of the Republic assisted by a Government525 directed by a Prime Minister.
 
Section I The President of the Republic
 
Article 38  [Head of State]
The President of the Republic is the Head of the State51.  His religion is Islam.
 
Article 39  [Election]
(1) The President of the Republic is elected for five years by universal, free, direct, and secret sufErage, within the last thirty days of the term of office and under the conditions specified by the electoral law.
(2) In case of an impossibility of proceeding with the elections at the appropriate time, because of war or due to imminent danger, the term of office of the President is extended by law until it becomes possible to proceed with the elections.  The President of the Republic may present himself for two consecutive mandates.
 
Article 40  [Eligibility]
(1) Any Tunisian who does not carry another nationality, who is of Moslem religion, and whose father, mother, and paternal and maternal grandfather have been of Tunisian nationality without interruption, may present himself as a candidate for the Presidency of the Republic.
(2) The candidate must, furthermore, be at least forty years and at most seventy years of age on the day of submitting his candidacy and must enjoy all his civil and political rights.
(3) The candidate has to be presented by electors in accordance with the modalities and conditions stipulated by the election law.  The declaration of candidacy must be recorded in a special register before a commission composed of the President and the following four members: the President of the National Parliament, the President of Constitutional Council, the First President of the Court of Cessation, and the First President of the Administrative Tribunal.  The commission rules on the validity of the candidacies, the challenges received, and proclaims the result of the ballot.
 
Article 41  [Functions]
The President of the Republic is the guarantor of national independence, of the integrity of the territory, and of respect for the Constitution and the laws as well as the execution of treaties.  He watches over the regolar functioning of the constitutional public powers and assures the continuity of the State.
 
Article 42  [Oath]
The elected President of the Republic gives the following oath before the National Parliament:
"I swear by God Allmighty to safeguard the national independence and the integrity of the territory, to respect the Constitution and the law, and to watch meticulously over the interests of the Nation."
 
Article 43  [Seat of Presidency]
The official seat of the Presidency of the Republic is established at Tunis and its surroundings.  Howover, under exceptional circomstances, it can be transferred provisionally to any otherlocation in the territory of the Republic.
 
Article 44  [Commander-in-Chief]
The President of the Republic is the Supreme Commander of the Armed Forces5255.
 
Article 45  [Diplomacy]
The President of the Republic accredits diplomatic representatives to foreign powers.  The diplomatic representatives are accredited to him.
 
Article 46  [Emergency Powers]
(1) In case of imminent peril menacing the institutions of the Republic, the security and independence of the country and obstructing the regular functioning of the public powers, the President of the Republic may take the exceptional measures necessitated by the circumstances, after consultation with the Prime Minister and the President of the National Parliament.
(2) During this period, the President of the Republic may not dissolve the National Parliament and no motion of censure may be presented against the Governwent.
(3) These measures ccase to have effect as soon as the circumstances that produced them come to an end.  The President of the Republic addresses a message to the National Parliament on this subject.
 
Article 47  [Referendum]
(1) The President of the Republic may submit to a referendum53244 any bill relating to the organization of the public powers or seeking to ratify a treaty which, without being contrary to the Constitution, may affect the functioning of the institutions.
(2) When the referendum has resulted in the adoption of the bill, the President of the Republic promulgates it within a maximum period of fifteen days.
 
Article 48  [Treaties, War, Peace, Pardon]
(1) The President of the Republic ratifies the treaties.
(2) He declares war and concludes peace with the approval of the National Parliament.
(3) He exercises the right of pardon.
 
Article 49  [Policy, Informing Parliament]
(1) The President of the Republic directs the general policy of the Nation, defines its fundamental options, and informs the National Parliament accordingly.
(2) The President of the Republic communicates with the National Parliament either directly or by message.
 
Article 50  [Nomination of Government]
(1) The President of the Republic nominates the Prime Minister, and on his suggestion, the other members of the Government.
(2) The President of the Republic presides over the Council of Ministers.
 
Article 51  [Dismissal of Government]
The President of the Republic dismisses the Government or one of its members on his own initiative or on the recommendation of the Prime Minister.
 
Article 52  [Promulgation, Veto]
(1) The President of the Republic promulgates constitutional, organic, or ordinary laws and ensures their publication in the Official Journal of the Tunisian Republic within a maximum period of fifteen days counting from the transmission by the President of the National Parliament.
(2) The President of the Republic may, during this period, return the bill to the National Parliament for a second reading.  If the bill is adopted by the National Parliament with a majority of two-thirds of its members, the law is promulgated and published within a second period of fifteen days.
 
Article 53  [Execution of Laws, Regulatory Power]
The President of the Republic watches over the execution of the laws.  He exercises the general regulatory power and may delegate all or part of it to the Prime Minister.
 
Article 54  [Deliberation of Bills, Countersignature]
(1) Bills are deliberated on in the Council of Ministers.
(2) Decrees of a regulatory character are countersigned by the Prime Minister and the interested member of the Government.
 
Article 55  [Nomination of Officers]
The President of the Republic nominates the highest civil and military officers on the recommendation of the Government.
 
Article 56  [Temporary Disability]
(1) In case of temporary disability, the President of the Republic may, by decree, delegate his powers to the Prime Minister with the exclusion of the power of dissolution.
(2) During the temporary disability of the President of the Republic, the Government, even if it is the object of a motion of censure, remains in place until the end of this disability.
(3) The President of the Republic informs the President of the National Parliament of the provisional delegation of his powers.
 
Article 57  [Vacancy]
(1) In case the Presidency of the Republic becomes vacant on account of death, resignation, or total incapacity, the President of the National Parliament immediately is invested temporarily with the functions of the Republic for a period of at least 45 days and at most 60 days.  He takes the constitutional oath before the National Parliament, and during its absence, before the Bureau of the National Parliament.
(2) The interim President of the Republic may not be a candidate for the Presidency of the Republic even in the case of resignation.
(3) The interim President of the Republic discharges the functions of the President of the Republic, however, without resorting to referendum, dismissing the Government, dissolving the National Parliament, or taking the exceptional measures provided for in Article 46.
(4) During this period, a motion of censure against the Government cannot be presented.
(5) During the same period, presidential elections are organized to elect a new President of the Republic for a term of five years.
(6) The new President of the Republic may dissolve the National Parliament and organize early legislative elections in conformity with the provisions of Article 63 (2).
 
Section II The Government
 
Article 58  [Functions]
The Government puts into effect the general policy of the Nation, in conformity with the orientations and options defined by the President of the Republic.
 
Article 59  [Responsibility]
The Government is responsible to the President of the Republic for its conduct.
 
Article 60  [Prime Minister's Functions]
The Prime Minister directs and coordinates the work of the government.  He substitutes, as necessary, for the President of the Republic in presiding over the Council of Ministers or any other Conncil.
 
Article 61  [Government in Parliament]
(1) The members of the Goverament have the right of access to the National Parliament as well as to its committees.
(2) Any deputy may address written or oral questions to the Government.
 
Article 62  [Motion of Censure]
(1) The National Parliament may, by a vote on a motion of censure, oppose the continuation of the responsibilities of the government, if it finds that the government is not following the general policy and the fundamental options provided for in Articles 49 and 58.
(2) The motion is not receivable unless it is motivated and signed by at least half of the membership of the National Parliament.
(3) The vote may not take place until 48 hours have elapsed after the motion of censure.
(4) When a motion of censure is adopted by a majority of two-thirds of the deputies, the President of the Republic accepts the resignation of the government presented by the Prime Minister.
 
Article 63  [Dissolution of Parliament]
(1) If the National Parliament has adopted a second motion of censure with a two-thirds majarity during the same legislative period, the President of the Republic may either accept the resignation of the government or dissolve the National Parliament.
(2) The decree dissolving the National Parliament must include the calling of new elections within a maximum period of thirty days.