constituteproject.org PDF generated: 18 Apr 2016, 15:22 • • 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) Page 20