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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)
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