constituteproject.org PDF generated: 18 Apr 2016, 16:56 Article 37 • Oaths to abide by constitution • Cabinet selection • Head of state powers   1.   2. The President [who is] elected in the maximum time of thirty days from the proclamation of the results of the elections, swears the oath of loyalty to the Fundamental Law and assumes the office before the Honor Court composed by the Boards of the Chamber of Deputies and the Senate, the Supreme Court of Justice in plenum (pleno) and the Constitutional Tribunal in plenum. Having celebrated the presidential elections, the elected President of the Republic will appoint a new Government. Article 38 The President of the Republic determines the policy of the Nation, arbitrates and moderates the normal functioning of all institutions of the State. His authority extends over national territory. • Head of state powers Article 39 The President of the Republic exercises the regulatory power in the Council of Ministers. • Approval of general legislation Article 40 The President of the Republic sanctions and promulgates the laws, exercises the right to veto in the terms provided by this Fundamental Law. • Head of state powers • Head of state decree power • Designation of commander in chief • Power to declare/approve war • Deputy executive Article 41 The President of the Republic equally exercises the following powers:   a. Guarantees the application of this Fundamental Law, the functioning of public powers and continuity of the State.   b. Convenes and presides the Council of Ministers.   c. Dictates in the Council of Ministers, Law-Decrees and Decrees, in the terms established in this Fundamental Law.   d. He is the Supreme Chief of the National Armed Forces and of the Security of the State. The President of the Republic guarantees the security of the State in the exterior.   e. Declares war and concludes peace.   f. The President of the Republic freely appoints and dismisses the Vice-president of the Republic. The Vice-president of the Republic shall belong to the party of the President of the Republic. Equatorial Guinea 1991 (rev. 2012) Page 14

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