TITLE III. OF THE EXECUTIVE POWER
Article 21
The executive power is assured by the President of the Republic who is also Head of the Government.
Article 22
The President of the Republic is the Head of State. He incarnates the national unity and assures the continuity of the State.
He is the guarantor of the national security, of the national independence, of the territorial integrity and of the respect for the Constitution, and for the international treaties and agreements.
Article 23
Any candidate to the functions of President of the Republic must be of Djiboutian nationality, to the exclusion of any other, enjoy their civil and political rights and be forty years of age at least, and of seventy-five years at most on the date of the deposit of his candidature.
Article 24
The President of the Republic is elected for five years by direct universal suffrage and by majority ballot in two rounds. He is re-eligible under the conditions specified in Article 23.
Article 25
The presidential elections take place thirty days at least and forty days at most before the expiration of the mandate of the President in office.
Article 26
The law establishes the conditions of eligibility and of presentation of the candidatures, of the procedures of conducting of the ballot and of proclamation of the results. It also specifies all the provisions required so that the elections shall be free and regular.
Article 27
The President of the Republic is elected with the absolute majority of the suffrage expressed. If this is not obtained at the first round, it proceeds in a time of fifteen days to a second round. This second round is open solely to the two candidates who have received the greatest number of votes.
If one of the two candidates desists, the ballot remains open to the candidate ranking next in the order of suffrage expressed.
If, in the seven days preceding the deadline of deposit of the candidatures, one of the persons having, less than thirty days before this date, publicly announced their decision to be a candidate, dies or is found to be incapacitated, the Constitutional Council can decide to postpone the election.
If, before the first round, one of the candidates dies or is found to be incapacitated, the Constitutional Council orders the postponement of the election.
In the case of death or of incapacity of one of the two candidates most favored in the first round, before any eventual withdrawals, or that of one of the two candidates remaining following any such withdrawals, the Constitutional Council can decide on the repetition of the whole of the electoral operations.
The convocation of the electors is made by decree taken in the Council of Ministers.
The Constitutional Council controls the regularity of these operations, decides on the complaints, and proclaims the results of the ballot.
Article 28
When the President of the Republic is prevented in a temporary fashion from fulfilling his functions, his interim is assured by the Prime Minister.
Article 29
In case of vacancy of the Presidency of the Republic, for any cause that may be, or of definitive incapacity determined by the Constitutional Council, referred to the matter by the Prime Minister or by the President of the National Assembly, the interim is assured by the President of the Supreme Court, who may not be a candidate for the Presidency during the interim.
During this interim, the Government may not be dissolved or adjusted. Equally, it may not proceed to any modification or dissolution of the republican institutions.
The election of the new President takes place thirty days at least and forty-five days at most after the official determination of the vacancy or the definitive character of the incapacity.
Article 30
The President of the Republic determines and conducts the policy of the Nation.
He exercises regulatory power.
Article 31
The President of the Republic can address messages to the Nation.
Article 32
The President of the Republic is the supreme head of the armies. He appoints the titular officers of the grand commands and the heads of the corps.
He confers the decorations of the Republic.
He exercises the right of pardon.
Article 33
The President of the Republic can, after consultation of the President of the National Assembly and of the President of the Constitutional Council, submit any Bill of law to referendum.
Article 34
The President of the Republic promulgates the laws adopted by the National Assembly in a time of fifteen days counting from their transmission, if he does not formulate any demand for a second reading by the said Assembly. He is responsible for their execution.
Article 35
The President of the Republic refers the Constitutional Council to a matter when he deems that a law is contrary to this Constitution.
Article 36
The President of the Republic sees to the execution of the decisions of justice.
Article 37
The President of the Republic appoints and accredits the diplomatic and consular representatives and the extraordinary envoys to the foreign powers. The ambassadors and the extraordinary envoys of the foreign powers are accredited to him.
Article 38
The law establishes the benefits accorded to the President of the Republic and organizes the modalities of concession of a pension to the former Presidents.
Article 39
When the institutions of the Republic, the independence of the Nation, the integrity of its territory or the execution of its international engagements are threatened in a grave and immediate manner and when the regular functioning of the public powers is interrupted, the President of the Republic can, after the advice of the President of the National Assembly and of the President of the Constitutional Council and having informed the Nation by a message, take any measure tending to re-establish the regular functioning of the public powers and to assure the safeguarding of the Nation, with the exception of a constitutional revision.
The National Assembly convenes of plain right.
It is referred to the matter, for ratification, within fifteen days of their promulgation, of measures of legislative nature brought into force by the President. These measures become lapsed if the Bill of ratification is not deposited with the Bureau of the National Assembly within the specified time. The ratification, if it is refused by the National Assembly, does not have retroactive effect.
Article 40
The President of the Republic is assisted, in the exercise of his functions, by a Government of which the Prime Minister and the Ministers are members of plain right.
The Government is charged to assist and to be of counsel to the President of the Republic in the exercise of his functions.
The President of the Republic designates the Prime Minister, and on proposal by him, appoints the other members of the Government.
He establishes their attributions and terminates their functions.
The Prime Minister implements the policy of the President of the Republic, coordinates and animates the action of the Government.
The members of the Government are responsible before the President of the Republic.
Article 41
The President of the Republic presides over the Council of Ministers. It deliberates obligatorily on:
- the decisions determining the general policy of the State;
the Bills of law; the appointments to the superior offices of the State of which the list is established by virtue of a law adopted by the National Assembly.
Article 42
The President of the Republic can delegate certain of his functions to the Prime Minister, to the Ministers and to the high functionaries of the administration, within the framework of their respective attributions.
Article 43
The functions of President of the Republic and of member of the Government are incompatible with the exercise of any parliamentary mandate, of any public office and of any professional activity.
