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• Emergency provisions
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Article 44
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3.
4.
• Terrorism
5.
The President of the Republic, when the circumstances so demand, may
declare through decree the state of emergency, the state of exception or
siege, informing it to the Chamber of Deputies and the Senate.
The proclamation of the state of emergency, exception and siege shall
expressly determine the effects of it and the territorial scope to which its
duration is extended.
The law regulates the state of emergency, exception and siege, as well as
the corresponding competencies and limitations.
[He] shall not proceed to dissolve the Chambers of the Parliament while
any of the states provided in this article has been declared.
The rights and guarantees recognized in this Fundamental Law can be
suspended in individual or collective form for specific persons determined
by the Law, due to the acts of armed bands or of terrorist elements, with
the necessary judicial intervention and the adequate parliamentary control.
Article 45
• Head of government removal
• Head of state replacement
1.
2.
3.
Equatorial Guinea 1991 (rev. 2012)
The functions of the President of the Republic shall cease by:
a. Resignation.
b. Expiry of the mandate provided in the conditions established by this
Fundamental Law
c. Permanent physical or mental incapacity.
d. Death.
In the event of vacancy in power for the reasons a, c, and d the
Vice-president of the Republic assumes the functions of the President of
the Republic.
In the maximum time of twenty-four hours from the vacancy, the new
President of the Republic takes the oath of fidelity to the Fundamental Law
and assumes office before a Court of Honor composed by the Boards of the
Chamber of the Deputies and of Senate, the Supreme Court of Justice in
Plenum and the Constitutional Tribunal in Plenum, to finish the mandate of
the substituted President of the Republic.
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