constituteproject.org PDF generated: 17 Jan 2014, 16:43 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. Mauritania 1991 (rev. 2012) Page 8