constituteproject.org
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to devote all my strength to the promotion of the common good and of
peace;
to fulfill loyally, as a faithful servant of the people, the high functions that
have been confided in me."
Article 75
In the case of vacancy as a result of death, of resignation or for any other cause of
definitive incapacity, the functions of the President of the Republic, with the
exception of those specified in Articles 78, 81 and 82 are provisionally exercised by
the President of the Senate.
• Head of state replacement
Article 76
The vacancy of the Presidency of the Republic is declared by the Constitutional
Court referred to [the matter] by the Government.
The interim President of the Republic sees to the organization of the election of the
new President of the Republic under the conditions and within the time periods
specified by the Constitution.
In the case of vacancy or when the incapacity is declared definitive by the
Constitutional Court, the election of the new President of the Republic takes place,
on the convocation of the Independent National Electoral Commission, sixty days at
least and ninety days at most, after the occurrence of the vacancy or of the
declaration of the definitive character of the incapacity.
In the case of force majeure, this time period may be prolonged to one hundred and
twenty days at the most by the Constitutional Court on request by the Independent
National Electoral Commission.
The elected President commences a new mandate.
Article 77
The President of the Republic addresses messages to the Nation.
He communicates with the Chambers of Parliament through messages which he
reads or has read and which do not give rise to any debate.
He delivers, once a year, before the National Assembly and the Senate, meeting in
Congress, a speech on the state of the Nation.
• Name/structure of executive(s)
• Head of government selection
• Head of government's role in the
legislature
• Minimum age of head of government
• Eligibility for head of government
Article 78
The President of the Republic appoints the Prime Minister from within the
parliamentary majority after consultation with it. He terminates his functions on
presentation by him of the resignation of the Government.
If such a majority does not exist, the President of the Republic confides a preliminary
capacitation [mission d'information] to a person with a view to identifying a coalition.
The preliminary capacitation is of thirty days, renewable one time.
The President of the Republic appoints the other members of the Government and
terminates their functions on the proposal of the Prime Minister.
Congo (Democratic Republic of the) 2005 (rev. 2011)
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