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Provisional Constitution of Tunisia (2011) – 3: The Executive Power

Chapter Three
The Executive Power

Article 6
The executive power is exercised by the President of the Republic by Interim assisted by a provisional Government run by a Prime Minister.

Section One ­
The President of the Republic by Interim

Article 7 ­
The President of the Republic by Interim sees to the implantation of the decree ­laws exercises the regulatory general power and may delegate all or part of it to the Prime Minister.

The decrees of regulatory nature shall be countersigned by the Prime Minister and the concerned Government member.

Article 8 ­
The President of the Republic by Interim remains on duty until the establishment of the national constituent assembly.

Article 9
The President of the Republic by Interim is entrusted with the following duties:

  • The high command of the armed forces,
  • The ratification of the treaties,
  • Right of pardon,
  • Declaration of war and conclusion of peace after deliberation in the council of Ministers,
  • The appointment of the Prime Minister and the other Government members on proposal from the Prime Minister,
  • The presidency of the council of Ministers,
  • The termination of services of the Government or one of its members on a proposal from the Prime Minister,
  • The accreditation of the diplomats by the foreign powers.
  • The representatives of the foreign powers are accredited by the President of the Republic by Interim,
  • The appointment to the higher civil and military positions on a proposal from the Prime Minister. The President of the Republic may delegate to the Prime Minister the power to appoint some persons to these positions.

Article 10 ­
In case of provisional impediment, the President of the Republic by Interim may delegate by decree, his powers to the Prime Minister.

In case of vacancy of the Presidency of the Republic by Interim by reason of death, resignation or absolute impediment, the Prime Minister is immediately invested with the functions of the Presidency of the State by Interim, if the vacancy of the Presidency of the Republic by Interim coincides with the vacancy of the Prime Minister position, the provisional Government shall elect one of its members who is immediately invested with the functions of the Presidency of the State by Interim.

Article 11 ­
The President of the Republic by Interim may present his candidacy neither to the national constituent assembly nor to any other election following the promulgation of the new constitution.

Article 12 ­
The official seat of the Presidency of the Republic shall be fixed in Tunis and its suburb. However, in exceptional circumstances, it may provisionally be transferred to another place of the territory of the Republic.

Section II ­ The Provisional Government

Article 13
The provisional Government sees to the management of the State affairs as well as to the proper operation of the public services. The Prime Minister shall run and coordinate its action; he holds the administration and the police force and he may take the place, if necessary, of the President of the Republic by Interim in the presidency of the council of Ministers or any other council.

Article 14 ­
The Ministers see, within the sector related to his authority, to the management of the central administration and to the supervision of the public establishments and enterprises in accordance with the laws and regulations in force.

The administration comprises also regional and local departments within the scope of decentralization which organization, management and supervision are governed in accordance with the laws and regulations in force.

Article 15 ­ The Prime Minister and the other members of the provisional Government may not submit their candidacy to the national constituent assembly.

Section III ­ The Local Collectivities           

Article 16 ­
The municipal councils, regional councils and structures to which the law confers the quality of local collectivities shall manage the local affairs within the conditions provided for by the law.

Next: Chapter 4 – The Judicial Power

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