TITLE III. OF THE EXECUTIVE POWER
SUBTITLE I. OF THE PRESIDENT OF THE REPUBLIC
Article 27
The President of the Republic is elected by universal direct suffrage.
The duration of his mandate is five years, renewable one time.
In any case, no one may exercise more than two presidential mandates, consecutive or not.
Article 28
The ballot for the election of the President of the Republic takes place ninety days at most and sixty days at least before the date of expiration of the mandate of the President of the Republic in function.
The President of the Republic establishes the day of the ballot at least sixty days before this one.
If there is need [lieu] to proceed to a second round of the ballot, this one is established on the fourteenth day after the proclamation of the definitive results of the first round.
Article 29
All candidates to the Presidency of the Republic must be of Guinean nationality, enjoying their civil and political rights, in a state of good health certified by a College of sworn Doctors designated by the Constitutional Court and thirty-five years old at least.
The candidatures are presented at the Greffe [Registry] of the Constitutional Court forty days at least and sixty days at most before the date of the ballot. No candidature is receivable if it is not presented by a legally constituted political party.
Each party may only present one sole candidacy.
Thirty-nine days before the ballot, the Constitutional Court orders [arrête] and publishes the list of the candidates. The electors are then convoked by decree.
Article 30
In the case of death or of definitive incapacity declared by the Constitutional Court of a candidate figuring on the list specified in Article 29, the Constitutional Court decides, if there is need, to reopen the time periods during which new candidatures can be deposited. In this case a new date of the ballot is established within the conditions specified in Article 28.
Article 31
The electoral campaign is opened thirty days before the election and closed the eve at zero (0) hours.
In the case of a second round, the electoral campaign is opened the next day after the proclamation of the results of the first round and closed the eve of the ballot of the second round at zero (0) hours.
Article 32
The candidate who obtained the absolute majority of the expressed suffrages is elected.
In the case that, at the end [à l’issue du] of the first round, no candidate reached this majority, it proceeds to a second round of the ballot within the conditions specified in Article 28.
Only the two candidates may present themselves who, the case arising[,] after the withdrawal [retrait] of the more favored candidates, find themselves having received the greater number of votes in the first round.
The Constitutional Court sees to the regularity of the electoral campaign and to the equality of the candidates for the utilization of the means of propaganda, within the conditions determined by an organic law.
Article 33
If no objection [contestetion] relative to the regularity of the electoral operations has been presented by one of the candidates to the Greffe of the Constitutional Court within the eight days that follow the day when the first global totalization has been rendered public, the Constitutional Court proclaims the President of the Republic elected.
In the case of dispute [contestation], the Constitutional Court decides within the three days that follow its referral [to the matter]. Its order carries [emporte] proclamation or annulment of the election.
In the case of annulment of the election, new elections are organized within ninety days.
Article 34
The elected President of the Republic enters [into] his function on the day of expiration of the mandate of his predecessor.
In the case that, following the annulment of an election, none of the candidates has been proclaimed elected to this date, the President in office [exercice] remains in [his] function until the proclamation of the results.
In the case of death or of definitive incapacity of one of the candidates to the second round, before the proclamation of the definitive results, if the deceased candidate is he who obtained the greater number of votes, the Constitutional Court decides on the reprise of the whole [ensemble] of the electoral operations.
In the case of death, of definitive incapacity or of withdrawal of one of the candidates between the order for the publication of the list of candidates and the first round, the organization of the election is entirely reprise with a new list of candidates.
In the case of death, of definitive incapacity or of withdrawal of one of the two candidates arriving ahead between the ballot of the first round and the provisional proclamation of the results, or between this provisional proclamation and the definitive proclamation of the results of the first round by the Constitutional Court, the candidate following in the order of the votes is admitted to present himself to the second round.
In the case of death, of definitive incapacity or of withdrawal of one of the two candidates arriving ahead between the proclamation of the definitive results of the first round and the ballot of the second round, the candidate following on the list of the results of the first round is admitted to the second round.
In the previous cases, the Constitutional Court declares the death, the definitive incapacity or the withdrawal and establishes a new date of the ballot.
In the case of death or of definitive incapacity of the elected President of the Republic, before entering into his function, it proceeds to new elections within the time period of sixty days, the President in office [exercice] remains in [his] function until the proclamation of the results.
By derogation of Article 40, in the case of death or of definitive incapacity of the President of the Republic in office before the entering into [his] function of the elected President, this one enters immediately into [his] function.
Article 35
The President of the Republic is installed into his functions after having taken an oath before the Constitutional Court, in these terms:
I __________, elected President of the Republic in accordance with the laws, I swear before the People of Guinea and on my honor to respect and to have respected scrupulously the provisions of the Constitution, of the laws and of the decisions of justice, to defend the Constitutional Institutions, the integrity of the territory and the national independence.
In the case of perjury that I undergo [subisse] the rigors of the law.
Article 36
After the ceremony of investiture and at the end of his mandate, within a time period of forty-eight (48) hours, the President of the Republic solemnly remits to the President of the Constitutional Court the written declaration on [his] honor of his assets. The Ministers before their entering into [their] functions and at the end of them present to the Constitutional Court the declaration on the honor of their assets.
The initial declaration and that of the end of the mandate or of the functions are published in the Journal Officiel [Official Gazette].
The copy of the declaration of the President of the Republic and of the members of the Government is communicated to the Court of Accounts and to the tax [fiscaux] services.
The discrepancies [écarts] between the initial declaration and that of the end of the mandate or of the functions must be duly justified.
The provisions of this Article apply to the President of the National Assembly, to the first [premiers] responsible [persons] of the Constitutional Institutions, to the Governor of the Central Bank and to the responsible [persons] of the financial administrations [régies] of the State.
Article 37
The President of the Republic is protected against the offenses, the insults [injures] and the calumnies within the conditions that the law determines.
Article 38
The responsibility [charge] of President of the Republic is incompatible with the exercise of any other public or private function, even elective. He must notably cease all responsibilities [responsibilités] within [au sein] a political party.
Article 39
During his mandate, the President of the Republic may not, by himself, by a member of his family and even by others, purchase or lease an asset that belongs to the domain of the State, without the authorization of the Constitutional Court within the conditions established by the law.
He may not take part, by himself or by others, in the public and private markets for the administrations or institutions arising within [relevant de] the State or submitted to his control.
This provision applies to the Prime Minister, to the Ministers and to the Presidents of the Constitutional Institutions.
Article 40
The physical or mental incapacity duly declared by a college of specialized doctors rendering the President of the Republic unfit to exercise the responsibilities [charges] of his function[,] is considered definitive incapacity.
Article 41
The vacancy of the function of President of the Republic consecutive to death, to resignation, or to any other cause of definitive incapacity is declared by the Constitutional Court.
The Constitutional Court, referred [to the matter] to this end, by the President of the National Assembly, [or] in the case of impediment of him by one of the Vice-Presidents, [or] by default by a group of Deputies representing one-quarter (1/4) of the National Assembly, declares the vacancy of the power.
Article 42
The interim is assured by the President of the National Assembly or, in the case of impediment of him, by one of the Vice-Presidents of the National Assembly in the order of precedence.
The maximum duration of the interim is ninety days.
The ballot for the election of the President of the Republic takes place, except in the case of force majeure declared by the Constitutional Court, thirty-five days at least and fifty days at most after the opening of the vacancy.
Article 43
The Interim of the President of the Republic extends to all the functions of [the President], except the right of recourse to the referendum, to pronounce the dissolution of the National Assembly, to take the initiative of a revision of the Constitution, [or] to exercise the right of pardon.
Article 44
The former Presidents of the Republic protocol rank [rang protocolaire] immediately after the President of the Republic in the order of the seniority of their mandate and before the President of the National Assembly.
They can be charged with special missions by the President of the Republic.
They benefit from material advantages and from a protection within the conditions that an organic law determines.
Article 45
The President of the Republic is the Head of the State. He presides over the Council of Ministers.
He sees to the respect for the Constitution, for the international engagements, for the laws and the decisions of justice.
He assures the regular functioning of the public powers and the continuity of the State.
He determines and controls the conduct of the policy of the Nation.
He incarnates the national unity.
The President of the Republic is above the political parties
Article 46
The President of the Republic has at his disposal of the regulatory power, which he exercises by decree.
He establishes by decree the attributions of each Minister. He can delegate a part of his powers to the Prime Minister.
He appoints in the Council of Ministers to the civil offices [emplois] of which [dont] the list is established by an organic law.
Article 47
The President of the Republic is the guarantor of national independence, of the integrity of territory and of the national cohesion.
He is responsible for the national defense. He presides over the Superior Council of National Defense.
He is the Head of the Armies. He appoints to all the military offices [emplois].
The President of the Republic may, in addition to the specialized functions of defense of the territorial integrity attributed to the Army, have it participate [concourir] in the economic development of the Nation and in all other tasks of public interest within the conditions specified by the law.
Article 48
The President of the Republic accredits the ambassadors and the extraordinary envoys to Foreign Powers.
The ambassadors and the extraordinary envoys from Foreign Powers are accredited to him.
Article 49
The President of the Republic exercises the right of pardon.
Article 50
The President of the Republic pronounces one time per year before the National Assembly a message on the state [état] of the Nation. He may also at any moment address messages to the Nation and to the National Assembly.
He does not participate in the debates of the National Assembly.
When he addresses a message to the National Assembly, the message is read by a Minister.
Article 51
The President of the Republic may, after consultation with the President of the National Assembly, submit to referendum any bill of law concerning [portant sur] the organization of the public powers, the promotion and the protection of the fundamental freedoms and rights, or the economic and social action of the State, or tending to authorize the ratification of a treaty.
He must, if the National Assembly demands it by a resolution adopted by a majority of two-thirds of the members that compose it, submit to referendum any proposal of law concerning [portant sur] the organization of the public powers or concerning the fundamental freedoms and rights.
Before convoking the electors by decree, the President of the Republic obtains the opinion [avis] of the Constitutional Court on the conformity of the bill or the proposal of law to the Constitution.
In the case of non-conformity, it may not proceed to the referendum.
The Constitutional Court sees to the regularity of the operations of the referendum.
When the referendum has concluded in the adoption of the bill or of the proposal of law, the law so adopted is promulgated within the conditions specified in Article 78.
SUBTITLE II. OF THE PRIME MINISTER
Article 52
The Prime Minister, Head of the Government is appointed by the President of the Republic who may dismiss him.
He is given the charge of directing, controlling, coordinating and stimulating [impulser] the action of the Government.
Article 53
The Prime Minister proposes to the President of the Republic the structure and the composition of the Government.
The President of the Republic appoints the Ministers and terminates their function, after consultation with the Prime Minister.
The Prime Minister is responsible to the President of the Republic.
Article 54
The quality of member of the Government is incompatible with a parliamentary mandate and any public or private professional remunerated activity.
Article 55
The members of the Government are responsible for the direction of their respective department to the Prime Minister. They are collectively [solidairement] responsible for the decisions of the Council of Ministers.
Article 56
On delegation by the President of the Republic, the Prime Minister may assure the presidency of the Council of Ministers for a specific agenda.
Article 57
After his appointment, the Prime Minister makes a Declaration of General Policy followed by a debate without vote before the National Assembly.
Article 58
The Prime Minister has the Administration at his disposal and appoints to all the civil offices [emplois], except those reserved to the President of the Republic.
He assures the execution of the laws and of the decisions of justice; to this effect, he has at his disposal the regulatory power, under reserve of the provisions of Articles 46 and 49 of the Constitution. The Prime Minister is responsible for the promotion of the social dialogue and sees to the application of the agreements with the social partners and the political parties.
The Prime Minister presides over the Inter-ministerial Councils. He presides over the ministerial meetings or designates, to this end, a Minister.
He may delegate certain of his powers to the Ministers.
