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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.
Mauritania 1991 (rev. 2012)
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