constituteproject.org • Oaths to abide by constitution PDF generated: 18 Apr 2016, 15:30 Article 85 In the event of permanent vacancy, the interim President of the Republic shall take the oath set out in the Constitution before the Assembly of the Representatives of the People, and in case it is necessary before the Assembly’s Bureau or before the Constitutional Court in the event that the Assembly has been dissolved. • Head of state replacement Article 86 The interim President of the Republic, during the temporary or permanent vacancy of the office, exercises the presidential responsibilities. He/she shall not be entitled to propose amending the Constitution, call for a referendum or dissolve the Assembly of the Representatives of the People. During the period of interim presidency, a new President of the Republic shall be elected for a full presidential term. No motion of censure against the government may be presented during the period of interim presidency. • Head of state immunity Article 87 The President of the Republic enjoys judicial immunity during his/her term in office. All statutes of limitations and other deadlines are suspended, and judicial procedures can only be recommenced after the end of his/her term. The President of the Republic cannot be prosecuted for acts that were carried out in the context of performing his/her functions. • Constitutional court powers • Head of state removal Article 88 The Assembly of the Representatives of the People may, through the initiative of a majority of its members, present a motion to bring to an end the President of the Republic’s term for a grave violation of the Constitution. Such a motion must be approved by two-thirds of the members. In such an event, the matter is referred to the Constitutional Court for a decision by a majority of two-thirds of its members. In the event of condemnation, the Constitutional Court orders removal of the President of the Republic from office, without excluding eventual criminal prosecution when necessary. Where the President has been removed from office under these circumstances, he/she is not entitled to run in any subsequent elections. Part Two: The Government • Cabinet selection • Head of government selection • Name/structure of executive(s) Article 89 The government shall be composed of a Head of Government, Ministers, and secretaries of state selected by the Head of Government, and in the case of the Ministers of Foreign Affairs and Defence, in consultation with the President of the Republic. Within one week of the declaration of the definitive election results, the President of the Republic shall ask the candidate of the party or the electoral coalition which won the largest number of seats in the Assembly of the Representatives of the People to form a government, within a one month period, extendable once. If two or more parties or coalitions have the same number of seats, then the party or coalition having received the largest number of votes shall be asked to form a government. If the specified period elapses without the formation of the government, or if the confidence of the Assembly of the Representatives of the People is not obtained, the Tunisia 2014 Page 20