constituteproject.org PDF generated: 18 Apr 2016, 15:13 • Head of state powers • Selection of active-duty commanders The Head of State of the Transition, in agreement with the Prime Minister, appoints high ranking civil and military servants during the Council of Ministers. Appointment decrees are countersigned by the Prime Minister and the relevant Minister. • Head of state powers • International law • Establishment of judicial council • Treaty ratification The Prime Minister’s appointment, the exercise of the right to pardon after advice of the Supreme Judicial Council, the granting of honours of the Republic, appointments within the services of the Head of State of the Transition, in accordance with a pre-established organization chart and the organization of those services, the promulgation of laws, the ratification of Treaties and International Agreements are exercised by the Head of State of the Transition without the Prime Minister’s countersignature. • Foreign affairs representative • Head of state powers Article 33 The Head of State of the Transition accredits Ambassadors and Special Envoys to foreign Heads of State. Ambassadors and Special Envoys are accredited by the Head of State. Article 34 The Head of State of the Transition can delegate their powers to the Prime Minister, with the exception of the power to appoint and to dismiss members of the Government. Chapter II: Of the Prime Minister, Head of Government of the Transition, and of the Government of the Transition • Establishment of cabinet/ministers Article 35 The Government consists of the Prime Minister and the Ministers. The Prime Minister is the Head of Government. They are responsible for coordinating the activities of different ministerial departments. • Eligibility for cabinet The function of member of the Government is incompatible with those of Head of State of the Transition, member of the National Council of the Transition, member of the Constitutional Court of the Transition and with the exercise of any other political or judicial role, any other mandate or elected role, any lucrative activity, any position of professional representation or any salaried employment. Article 36 • Head of government powers Competences other than those expressly delegated to the Head of State of the Transition and to the National Council of the Transition fall within the Prime Minister’s remit. Neither the Head of State of the Transition nor the National Council of the Transition can dismiss him during the Transition period. • Head of government replacement In the event of the death, voluntary resignation or permanent incapacity due to medical causes of the Prime Minister, the Head of State of the Transition will appoint a new Prime Minister without delay after widespread consultation and in accordance with the Libreville Agreements of January 11th 2013. The Government of the Transition, inclusive in nature, is formed on the basis of the spirit of the political Agreement of Libreville and of the N’Djamena Declaration of April 18th 2013. Central African Republic 2013 Page 11

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