constituteproject.org
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With the exception of draft constitutional laws, the President of the Republic has the
right to return the draft with explanation to the Assembly to discuss it again within
five days from:
1. The deadline to challenge constitutionality according to provisions of the
first paragraph of Article 120.
2. Issuance of a decision on its constitutionality or when the Constitutional
Court abandons it according to provisions of the third paragraph of Article
121, in the case of challenging the meanings included in the first paragraph
of Article 120.
• Veto override procedure
• Referenda
• Treaty ratification
• International law
Upon return, the ratification of ordinary draft laws requires the approval of an
absolute majority of the members of the Assembly, while draft organic laws require
the approval of three fifths of the members.
Article 82
The President of the Republic may, in exceptional circumstances, within the
deadlines for return of a draft law, submit for a referendum draft laws related to the
ratification of treaties, to freedoms and human rights, or personal status, which were
adopted by the Assembly of the Representatives of the People. The submission to
referendum shall be deemed a waiver of the right to return the draft law to the
Assembly.
If the result of the referendum is the ratification of the draft law, the President of the
Republic shall sign it and order to publish it within a period not exceeding ten days
from the date of announcement of the results of the referendum.
The election law shall regulate the procedures for conducting the referendum and
announcing its results.
Article 83
The President of the Republic may, in the event of a temporary inability to perform
his/her tasks, temporarily delegate his/her powers to the Head of Government for a
maximum period of 30 days, renewable once.
The President of the Republic shall inform the Speaker of the Assembly of the
Representatives of the People of the temporary delegation of powers.
Article 84
In the event of the position of President of the Republic becoming temporarily
vacant for reasons that prevent the President of the Republic from delegating
his/her powers, the Constitutional Court shall promptly meet and declare the
temporary vacancy of the office, and the Head of Government shall immediately be
invested with the responsibilities of the President of the Republic. The period of
temporary vacancy may not exceed sixty days.
Should the temporary vacancy exceed the sixty-day period, or if the President of the
Republic submits a written resignation to the President of the Constitutional Court,
or in the event of his/her death or absolute incapacity, or for any other reason that
causes a permanent vacancy, the Constitutional Court shall promptly meet and
acknowledge the permanent vacancy and notify the Speaker of the Assembly of the
Representatives of the People who shall, on a temporary basis, immediately
undertake the tasks of the President of the Republic for a period of no less than
forty-five days and no more than ninety days.
Tunisia 2014
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