Chapter III. The Executive Power
Article 37.
The executive power is exercised by the President of the Republic, assisted by a Government headed by a Prime Minister.
Section I. The President of the Republic
Article 38.
The President of the Republic is the Head of State. His religion shall be Islam.
Article 39.
The President of the Republic shall be elected for a period of five years by universal, free, direct and secret ballot, and by an absolute majority of the votes cast, during the last 30 days of the presidential term.
In the event that such a majority is not reached during the first round, a second round shall be organized on the second Sunday following the ballot.
Only the two candidates having obtained the highest number of votes in the first round shall be entitled to participate in the second round, taking into consideration any withdrawals, in accordance with the conditions set out in the Electoral Code.
In the event it is impossible to organize elections on a timely basis, due to war or imminent peril, the presidential term may be extended by a law adopted by the Chamber of Deputies, until such time when elections can be organized.
The President of the Republic is re-electable.
Article 40.
May stand as a candidate for the presidency of the Republic any Tunisian who has exclusively the Tunisian nationality and not possessing any other nationality, who is Muslim, and whose father, mother, and paternal and maternal grandfathers and grandmothers are all of Tunisian nationality and have remained Tunisians without discontinuity.
In addition, the candidate shall, on the day he submits his candidacy, be at least 40 years of age and at most 75 years of age, and he shall enjoy all his civil and political rights.
Candidates shall be presented by a number of members of the Chamber of Deputies and municipal presidents, in accordance with the terms and conditions set out in the Electoral Code.
Candidacies are recorded on a specific register held by the Constitutional Council.
The Constitutional Council decides on the validity of candidacies, proclaims ballot results and looks into requests submitted to it on this subject in accordance with the provisions of the Electoral Code.
Article 41.
The President of the Republic is the guarantor of national independence, of territorial integrity, and of respect of the Constitution and the laws as well as the execution of treaties. He sees to the proper functioning of the constitutional public powers and assures the continuity of the State.
The President of the Republic enjoys judicial immunity in the exercise of his duties. He also enjoys such judicial immunity after the presidential term for all acts executed as part of the office.
Article 42.
The elected President of the Republic takes, before the Chamber of Deputies and the Chamber of Advisors meeting in common session, the following oath:
“I swear by God Almighty to safeguard the independence of the country and the integrity of its territory, to respect the Constitution country and its legislation, and to watch scrupulously over the interests of the Nation.”
Article 43.
The official seat of the Presidency of the Republic is located in Tunis and its suburbs. Under exceptional circumstances, however it can be moved temporarily to any other location within the national territory.
Article 44.
The President of the Republic is the Commander-in-Chief of the Armed Forces.
Article 45.
The President of the Republic accredits diplomatic representatives to foreign powers, and the diplomatic representatives of other countries are accredited to him.
Article 46.
Should imminent peril menace the institutions of the Republic, threaten the security and independence of the country and obstruct the proper functioning of the public powers, the President of the Republic may take the exceptional measures necessitated by the circumstances, after consulting the Prime Minister, the President of the Chamber of Deputies and the President of the Chamber of Advisors.
He addresses, to that effect, a message to the people.
During this period, the President of the Republic may not dissolve the Chamber of Deputies, and no motion of censure may be presented against the Government.
These measures cease to bear effect as soon as the circumstances that produced them come to an end. The President of the Republic addresses a message to this effect to the Chamber of Deputies and to the Chamber of Advisors.
Article 47.
The President of the Republic may directly submit to a referendum any bill that is of national importance and any questions that concern the country’s vital interests, provided these bills and questions do not go against the Constitution.
When referendum results in the adoption of the bill, the President of the Republic shall promulgate it within two weeks of the date on which the results are announced.
The Electoral Code sets the methods whereby the referendum is held and the results are announced.
Article 48.
The President of the Republic concludes treaties.
He declares war and concludes peace, with the approval of the Chamber of Deputies.
He has the power to exercise the right of pardon.
Article 49.
The President of the Republic directs the general policy of the State, defines its basic options and informs the Chamber of Deputies accordingly.
The President of the Republic communicates with the Chamber of Deputies and the Chamber of Advisors either directly or by message,
Article 50.
The President of the Republic appoints the Prime Minister and, upon proposal by the Prime Minister, the other members of the government.
The President of the Republic presides over the Cabinet.
Article 51.
The President of the Republic can put to an end the functions of the government or a member thereof, at his own initiative or upon the recommendation of the Prime Minister
Article 52.
The President of the Republic promulgates constitutional, organic, and ordinary laws and makes sure they are published in the Official Gazette of the Republic of Tunisia no later than two weeks after he has received them from the President of the Chamber of Deputies or the President of the Chamber of Advisors, as the case may be.
During this period, the President may return the bill to the Chamber of Deputies for a second reading. If the bill adopted by a two-thirds majority of the members of Chamber of Deputies, it becomes law and is published within a second maximum two-week period.
During the time specified in paragraph 1 of this article and upon the opinion of the Constitutional Council, the President of the Republic may send the bill, or some articles after modification, to the Chamber of Deputies for a further reading. Amendments are adopted by the Chamber of Deputies on the basis of the majority provided for in article 28 of the Constitution. Following this adoption, the bill is promulgated and published within a maximum period of fifteen days, starting from the date on which it was transmitted to the President of the Republic.
Article 53.
The President of the Republic sees to the enforcement of the laws, exercises the general regulatory power, and may delegate part of this power to the Prime Minister.
Article 54.
Bills are discussed by the Cabinet,
Decrees of regulatory nature are countersigned by the Prime Minister and the government member concerned.
Article 55
The President of the Republic appoints high civilian and military officials, on the recommendation of the Government.
The President of the Republic may delegate to the Prime Minister the power of appointment for some of these positions.
Article 56.
In case of temporary disability, the President may, by decree, delegate his powers to the Prime Minister, to the exclusion of the power of dissolving the Chamber of Deputies.
During such temporary disability of the President of the Republic, the government shall remain in place until the end of that disability, even if it is subject to a motion of censure.
The President of the Republic shall inform the President of the Chamber of Deputies and the President of the Chamber of Advisors regarding such temporary delegation of his powers.
Article 57.
Should the office of President of the Republic become vacant because death, resignation, or absolute disability, the Constitutional Council meets immediately and certifies the definitive vacancy by an absolute majority of its members. It addresses a declaration to that effect to the President of the Chamber of Advisors and to the President of the Chamber of Deputies who shall immediately be vested with the functions of interim president of the Republic for a period ranging from 45 to 60 days. If the definitive vacancy coincides with the dissolution of the Chamber of Deputies, the President of the Chamber of Advisors is vested with the functions of interim president of the Republic for the same period.
The interim president of the Republic shall take the constitutional oath before the Chamber of Deputies and the Chamber of Advisors meeting in common session, and, if need be, before the two bureaus of the two chambers. If the definitive vacancy coincides with the dissolution of the Chamber of Deputies, the interim president of the Republic takes the constitutional oath before the Chamber of Advisors and, if need be, before its bureau.
The interim President of the Republic may not stand as candidate to the Presidency of the Republic, even in case of his resignation.
The interim President of the Republic exercises the powers of the President of the Republic, without, however, the possibility of resorting to referendum, dismissing the government, dissolving the Chamber of Deputies, or taking the exceptional measures provided for in Article 46.
During the period of interim presidency, no amendment of the Constitution may take place, and no motion of censure may be presented against the government.
During the same period, presidential elections shall be held to elect a new President for a five-year term.
The new President of the Republic may dissolve the Chamber of Deputies and hold early legislative elections in accordance with the provisions of paragraph 2 of article 63.
Section II. The Government
Article 58.
The Government makes sure that the general national policy of the State is put into effect in accordance with the orientations and options defined by the President of the Republic.
Article 59.
The Government is responsible to the President for its management.
Article 60.
The Prime Minister directs and coordinates the work of the government. He replaces the President of the Republic, when necessary, in presiding over the Cabinet and any other Council.
Article 61.
The members of the Government have the right of access to the Chamber of Deputies and to the Chamber of Advisors, as well as to their committees.
Any member of the Chamber of Deputies may address written or oral questions to the Government.
A periodic session is devoted to oral questions by the members of the Chamber of Deputies and to answers by the Government. Such periodic session may also serve for a dialogue between the Chamber of Deputies and the Government, concerning sectorial policies. A session of the plenary meeting may also be devoted to answers to oral questions on current issues.
Article 62.
The Chamber of Deputies may, by voting on a motion of censure, call into question the responsibility of the government, if it finds that the government is not following the general state policy and the fundamental options provided for in articles 49 and 58.
The motion of censure is not admissible unless it is substantiated and signed by at least one-third of the members of the Chamber of Deputies. The vote may not be taken until 48 hours after the submission of the motion of censure.
When a motion of censure is adopted by an absolute majority of the members of the Chamber of Deputies, the President of the Republic accepts the resignation of the government presented by the Prime Minister.
Article 63.
If the Chamber of Deputies adopts a second motion of censure by a two-thirds majority during the same legislative period, the President of the Republic may either accept the government’s resignation or dissolve the Chamber of Deputies.
The decree dissolving the Chamber of Deputies must contain the calling of new elections within a maximum period of thirty days.
If dissolution is pronounced according to the terms of paragraph 1 of this article, the President may issue decree-laws which must then be submitted for ratification by the Chamber of Deputies and the Chamber of Advisors, as the case may be.
The newly-elected Chamber must then meet within the eight days following the announcement of the results of the vote.
