circumstances, it establishes a new time period which cannot exceed thirty days for the
proclamation of the results and ninety days for the holding of the elections.
Article 39
The powers of the President of the Republic in office expire at the date of the taking of office
of the President-elect, which occurs at the taking of the oath. Within forty-eight hours of the
definitive proclamation of the results, the President of the Republic-elect takes the oath before
the Constitutional Council meeting in solemn audience. The wording [formule] of the oath is:
“Before the sovereign people of Cote d’Ivoire, I solemnly swear and on my honor to respect
and faithfully defend the Constitution, to protect the Rights and Freedoms of the citizens, to
conscientiously fulfill the duties entrusted to me in the superior interest of the Nation. May
the people withdraw their confidence in me and may I be submitted to the rigor of the laws, if
I betray my oath”.
Article 40
In case of vacancy of the Presidency of the Republic due to death, resignation, [or] absolute
incapacity, the interim of the President of the Republic is assured by the President of the
National Assembly, for a period of forty-five days to ninety days in the course of which it
proceeds to the election of the new President of the Republic.
The absolute incapacity is declared without delay by the Constitutional Council seized
[saisir] to this end by a request of the Government, approved by the majority of its members.
The provisions of the first and 5th sentences of Article 38 are applied in the case of [an]
interim. The President of the National Assembly, assuring the interim of the President of the
Republic, cannot make use of Articles 41 paragraphs 2 and 4, 43, and 124 of the Constitution.
In the case of death, of resignation, or of absolute incapacity of the President of the National
Assembly, the vacancy of the Presidency of the Republic then occurring, the interim of the
President of the Republic is assured, in the same conditions, by the First Vice President of the
National Assembly.
Article 41
The President is the exclusive holder of the executive power. He appoints the Prime Minister,
[the] Head of Government, who is responsible to him. He terminates his functions. The Prime
Minister animates and coordinates the governmental action. On the proposal of the Prime
Minister, the President of the Republic appoints the other members of the Government and
determines their attributions. He terminates their functions under the same conditions.
Article 42
The President of the Republic has the initiative of laws concurrently with the members of the
National Assembly. He assures the promulgation of the laws within the fifteen days which
follow the transmittal which is made of them to him by the President of the National
Assembly. This time period is reduced to five days in case of urgency. A law not promulgated
by the President of the Republic until the expiration of the time period specified in this Article
is declared effective [exécutoire] by the Constitutional Council seized by the President of the
National Assembly, if it conforms to the Constitution. The President of the Republic can,