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 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 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 is adopted by a two-thirds majority of the members of the 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 advice of the Constitutional Council, the President of the Republic may send the bill, or some of its 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 taking the form of regulations 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 of 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 modification 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-years term of office.

The new President of the Republic may dissolve the Chamber of Deputies and hold early legislative elections in accordance with the provisions paragraph 2 of article 63.