constituteproject.org • Constitutionality of legislation PDF generated: 04 Jan 2016, 20:27 Article 35 The President of the Republic refers the Constitutional Council to a matter when he deems that a law is contrary to this Constitution. Article 36 The President of the Republic sees to the execution of the decisions of justice. • Foreign affairs representative • Head of state powers Article 37 The President of the Republic appoints and accredits the diplomatic and consular representatives and the extraordinary envoys to the foreign powers. The ambassadors and the extraordinary envoys of the foreign powers are accredited to him. Article 38 The law establishes the benefits accorded to the President of the Republic and organizes the modalities of concession of a pension to the former Presidents. Article 39 • International law When the institutions of the Republic, the independence of the Nation, the integrity of its territory or the execution of its international engagements are threatened in a grave and immediate manner and when the regular functioning of the public powers is interrupted, the President of the Republic can, after the advice of the President of the National Assembly and of the President of the Constitutional Council and having informed the Nation by a message, take any measure tending to re-establish the regular functioning of the public powers and to assure the safeguarding of the Nation, with the exception of a constitutional revision. The National Assembly convenes of plain right. It is referred to the matter, for ratification, within fifteen days of their promulgation, of measures of legislative nature brought into force by the President. These measures become lapsed if the Bill of ratification is not deposited with the Bureau of the National Assembly within the specified time. The ratification, if it is refused by the National Assembly, does not have retroactive effect. Article 40 • Establishment of cabinet/ministers The President of the Republic is assisted, in the exercise of his functions, by a Government of which the Prime Minister and the Ministers are members of plain right. • Advisory bodies to the head of state The Government is charged to assist and to be of counsel to the President of the Republic in the exercise of his functions. • Cabinet selection • Head of government selection The President of the Republic designates the Prime Minister, and on proposal by him, appoints the other members of the Government. • Cabinet removal • Head of government removal He establishes their attributions and terminates their functions. The Prime Minister implements the policy of the President of the Republic, coordinates and animates the action of the Government. The members of the Government are responsible before the President of the Republic. Djibouti 1992 (rev. 2010) Page 9