Art. 87 - The President of the Republic cannot, in any cases, delegate the power to
appoint the Head of Government, the members of the Government, as well as the
presidents and members of constitutional institutions for whom another mode of
designation is not provided by the Constitution.
Moreover, he cannot delegate his power to resort to referendum, to dissolve the People’s
National Assembly, to decide on anticipated legislative elections, to implement the
provisions of articles 77, 78, 91, 93 to 95, 97, 124, 127 and 128 of the Constitution.
Art. 88 - If the President of the Republic, because of serious and long-lasting illness,
happens to be in the impossibility to carry out his functions, the Constitutional Council
meets de jure, and after having verified the reality of the impediment by the appropriate
means, proposes, unanimously, to the Parliament to declare the state of impediment.
The Parliament sitting, in both chambers convened together, declares the state of
impediment of the President of the Republic, with a majority of two-thirds (2/3) of its
members and charges the President of the Council of Nation, to stand for the Head of
State by interim for a maximum period of fourty five (45) days and carry out his
prerogatives in accordance with the provisions of article 90 of the Constitution.
If the impediment continues at the expiry of the fourty- five (45) days period, a
declaration of vacancy by resignation de jure is made in accordance with the procedure
mentioned in the above paragraphs and the provisions of the following paragraph of the
present article.
In case of resignation or death of the President of the Republic, the Constitutionnal
Council meets de jure and ascertain the permanent vacancy of the Presidency of the
Republic.
It, immediately, communicates the permanent vacancy declaration act to the Parliament
which meets de jure.
The president of the Council of Nation assumes the charge of Head of State for a
maximum period of sixty (60) days, during which presidential elections are organized.
The Head of State, thus designated, cannot be candidate to the Presidency of the
Republic.
In case the resignation or the death of the President of the Republic comes in conjunction
with the vacancy of the Presidency of the Council of Nation whatever the cause may be,
the Constitutional council meets de jure and ascertain, unanimously, the permanent
vacancy of the Presidency of the Republic and the impediment of the President of the
Council of Nation. In this case, the President of the Constitutional Council assumes the
Function of the Head of State in accordance with the conditions defined in the preceding
paragraphs of the present article and article 90 of the Constitution. He cannot be
candidate for the Presidency of the Republic.