constituteproject.org
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The election of the new President takes place sixty days at least and ninety days at
most after [the] official declaration of the vacancy or of the definitive character of
the incapacity.
The President of the Senate exercising the functions of the President of Faso may
not be [a] candidate at this presidential election.
In all cases, application may not be made of Articles 46, 49, 50, 59, and 161 of this
Constitution during the vacancy of the Presidency.
• Oaths to abide by constitution
Article 44
Before entering into [his] functions, the President elected swears before the
Constitutional Council the following oath: "I swear before the Burkinabe people and
on my honor to preserve, to respect, to have respected and to defend the
Constitution and the laws, and to implement it to guarantee justice to all the
inhabitants of Burkina Faso."
In the course of the ceremony of investiture, the President of the Constitutional
Council receives the written declaration of the assets of the President of Faso.
Article 45
The law establishes the civil list of service to the President of Faso. It organizes the
service of a pension in favor of former Presidents.
• Cabinet removal
• Cabinet selection
• Head of government removal
• Head of government selection
Article 46
The President of Faso appoints the Prime Minister from among the majority of the
National Assembly and terminates his functions, either on the presentation by him of
his resignation, or on his own authority in the superior interest of the Nation.
On the proposal of the Prime Minister, he appoints the other members of the
Government and terminates their functions.
Article 47
The President of Faso presides over the Council of Ministers. The Prime Minister
substitutes for him with the conditions established by this Constitution.
• Approval of general legislation
• Veto override procedure
• Constitutionality of legislation
Article 48
The President of Faso promulgates the law within the twenty-one days which follow
the transmission of the text definitively adopted. This time period is reduced to eight
days in case of urgency declared by the National Assembly or the Senate.
The President of Faso can, during the time period of promulgation, demand a second
reading of the law or of certain of its articles; the demand may not be refused. This
procedure suspends the time periods of promulgation.
In default of promulgation within the time periods required, the law enters
automatically into force following [the] declaration of the Constitutional Council.
• Referenda
Article 49
The President of Faso can, after [the] opinion of the Prime Minister, of the President
of the Senate and of the President of the National Assembly, submit to referendum
any bill of the law concerning any question of national interest.
Burkina Faso 1991 (rev. 2012)
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