Title II. Of the Executive Power
Article 23
The President of the Republic is the Head of the State. He is of Muslim religion.
Article 24
The President of the Republic is the guardian of the Constitution. He incarnates the State. He assures, through his arbitration, the continuous and regular functioning of the public powers.
He is the guarantor of the national independence and of the integrity of the territory.
Article 25
The President of the Republic exercises the executive power. He presides over the Council of Ministers.
Article 26
The President of the Republic is elected for five years by universal direct suffrage. He is elected with the absolute majority of the suffrage expressed. If this is not obtained in the first round of the ballot by one of the candidates, it proceeds to a second round two weeks later. Only the two candidates who, remaining in competition, received the greatest number of votes in the first round, may present themselves.
Every citizen born Mauritanian enjoying their civil and political rights and at least forty (40) years old, and at most seventy five (75) years old, at the date of the first round of the election[,] is eligible to the Presidency of the Republic.
The ballot is opened at the convocation of the President of the Republic.
The election of the new President of the Republic takes place thirty (30) days at least and forty five (45) days at most before the expiration of the mandate of the President in office.
The conditions and forms of acceptance of the candidature as well as the rules related to the death or the impediment of the candidates to the Presidency of the Republic are determined by an organic law.
The dossiers of the candidatures are received by the Constitutional Council which rules on their regularity and proclaims the results of the ballot.
Article 27
The mandate of President of the Republic is incompatible with the exercise of any public or private function and with belonging to the directive instances of a political party.
Article 28
The President of the Republic is re-eligible one sole time.
Article 29
The President of the Republic newly elected enters his functions at the expiration of the mandate of his predecessor. Before entering into [his] function, the President of the Republic takes an oath in these terms:
“I swear by Allah the Unique to well and faithfully perform my functions, respecting the Constitution and the laws, to watch over the interest of the Mauritanian People, to safeguard the independence and the sovereignty of the country, the unity of the fatherland and the integrity of the national territory.
I swear by Allah the Unique, not to take or support at all, directly or indirectly, an initiative that could lead to the revision of constitutional provisions related to the duration of the presidential mandate and to the regime of its renewal, specified in Articles 26 and 28 of this Constitution.”
The oath is taken before the Constitutional Council, in the presence of the Bureau of the National Assembly, of the Bureau of the Senate, of the President of the Supreme Court and of the President of the High Islamic Council.
Article 30
The President of the Republic determines and conducts the foreign policy of the Nation, as well as its policy of defense and of security.
He appoints the Prime Minister and terminates his functions.
On proposal of the Prime Minister, he appoints the Ministers to whom he may delegate[,] by decree[,] certain of his powers. The Prime Minister [being] consulted, he terminates their functions.
The Prime Minister and the Ministers are responsible before [devant] the President of the Republic.
The President of the Republic communicates with the Parliament through messages. These messages do not lead to any debate.
Article 31
The President of the Republic can, after consultation with the Prime Minister and the Presidents of the Assemblies, pronounce the dissolution of the National Assembly. The general elections take place at least thirty (30) days and at most sixty (60) days after the dissolution.
The National Assembly meets of plain right fifteen (15) days after its election. If this meeting takes place outside of the periods specified for the ordinary sessions, a session is opened of right for a duration of fifteen (15) days.
A new dissolution cannot proceed during the twelve (12) months following these elections.
Article 32
The President of the Republic promulgates the laws within the time established in Article 70 of this Constitution.
He exercises [dispose] the regulatory power, and can delegate all or part of it to the Prime Minister.
He appoints to the civil and military offices.
Article 33
The decrees of a regulatory character are countersigned, the case arising, by the Prime Minister and the Ministers charged with their execution.
Article 34
The President of the Republic is the Supreme Head of the Armed Forces. He presides over the Superior Councils and Committees of the National Defense.
Article 35
The President of the Republic accredits the ambassadors and the extraordinary envoys to foreign powers. The ambassadors and extraordinary envoys are accredited to him.
Article 36
The President of the Republic signs and ratifies the treaties.
Article 37
The President of the Republic exercises [dispose] the right of pardon and of the right to remit or to commute a sentence.
Article 38
The President of the Republic can, on any question of national importance, refer the people to [a matter] by way of referendum.
Article 39
When an imminent peril menaces the institutions of the Republic, the security or the independence of the Nation or the integrity of its territory, and when the regular functioning of the constitutional powers is impeded, the President of the Republic takes the measures required by these circumstances after official consultation of the Prime Minister, of the Presidents of the Assemblies as well as of the Constitutional Council.
He informs the Nation of it by a message.
These measures, inspired by the will to assure, in the shortest time, the reestablishment of the continuous and regular functioning of the public powers, cease to have effect in the same form as soon as the circumstances that have engendered them will have come to an end.
The Parliament meets of plain right.
The National Assembly cannot be dissolved during the exercise of the exceptional powers.
Article 40
In the case of vacancy or of an impediment declared definitive by the Constitutional Council, the President of the Senate assures the interim of the President of the Republic for the managing [expédition] of the current affairs. The Prime Minister and the members of the Government, considered as having resigned, assure the managing of the current affairs. The interim President cannot terminate their functions. He cannot refer the people to [a matter] by way of referendum nor dissolve the National Assembly.
The election of the new President of the Republic takes place, except [in the] case of force majeure, declared by the Constitutional Council, within the three (3) months following the declaration of the vacancy or of the definitive impediment.
During the interim period, no constitutional modifications can intervene either by the way [of] referendum or by the parliamentary [way].
Article 41
The Constitutional Council, in order to declare the vacancy or the definitive impediment, is referred to [the matter] by either:
- The President of the Republic;
The President of the National Assembly; The Prime Minister.
Article 42
The Prime Minister defines, under the authority of the President of the Republic, the policy of the Government.
One month at the latest after the appointment of the Government, the Prime Minister presents his program before the National Assembly and engages the responsibility of the Government on this program in the conditions specified in Articles 74 and 75.
The Prime Minister allocates the tasks among the ministers.
He directs and coordinates the action of the Government.
Article 43
The Government sees to the implementation [mise en oevre] of the general policy of the State in accordance with the orientations and with the options established by the President of the Republic.
It provides for [dispose] the Administration and of the Armed Force.
It sees to the publication and the execution of the laws and regulations.
It is responsible before the Parliament in the conditions and following the procedures specified in Articles 74 and 75 of this Constitution.
Article 44
The functions of the members of the Government are incompatible with the exercise of any parliamentary mandate, with any function of professional representation of a national character, with any professional activity, and in a general manner with any public or private employment.
An organic law establishes the conditions in which the replacement of the titular of such mandates, functions, or employments [emplois] is provided for. The replacement of the members of Parliament takes place according to the provisions of Article 48 of this Constitution.
