Title V. Of the Executive Power
Article 87
The government is composed of the Head of Government and of the ministers, and may consist also of the Secretaries of State.
An organic law defines, notably, the rules relative to the organization and to the conduct of the work of the government and to the status of its members.
It determines equally the case of incompatibility with the governmental function, the rules relative to the limitation of accumulation of functions, as well as those governing the handling [expedition] of current affairs by the government of which the functions have been terminated.
Article 88
After the designation of the members of the government by the King, the Head of Government presents and introduces before the two Chambers of the Parliament meeting [jointly], the program that it intends to implement [compte appliquer]. This program must delineate [degager] the directive lines of action that the government proposes to lead [mener] in the various sectors of national activity and notably, in the domains concerned with economic, social, environmental, cultural and foreign policy.
This program is made the object of debate before each of the two Chambers. It is followed by a vote in the Chamber of Representatives.
The government is invested, after having obtained the confidence of the Chamber of Representatives, expressed by the vote of the absolute majority of the members composing said chamber, in favor of the program of the government.
Article 89
The government exercises the executive power.
Under the authority of the Head of Government, the government implements its governmental program, assures the execution of the laws, disposes the administration and supervises the public enterprises and establishments and assures their protection [tutelle].
Article 90
The Head of Government exercises the regulatory power and can delegate certain of these powers to the ministers.
The regulatory acts of the Head of Government are countersigned by the ministers charged with their execution.
Article 91
The Head of Government appoints to the civil offices [emplois] in the public administrations and to the high functions of the public establishments and enterprises, without prejudice to the provisions of Article 49 of this Constitution.
He can delegate this power.
Article 92
Under the presidency of the Head of Government, the Council of Government [Conseil du Gouvernement] deliberates on the following questions and texts:
- the general policy of the State before its presentation in the Council of Ministers;
the public policies; the sectorial policies; the engagement of the responsibility of the government before the Chamber of Representatives; the questions of current affairs concerning the Rights of Man and public order; the bills of law, including [dont] the bill of the law of finance, before their deposit with the Bureau of the Chamber of Representatives, without prejudice to the provisions of Article 49 of this Constitution; the decree-laws; the drafts [projets] of regulatory decrees; the bills of decrees specified in Articles 65 (2nd paragraph), 66 and 70 (3rd paragraph) of this Constitution; the treaties and the international conventions before their submission to the Council of Ministers; the appointment of the secretaries-general and the central directors of the public administrations, the presidents of universities, of the deans and directors of the superior schools and institutes. The organic law provided for by Article 49 of this Constitution may complete the list of the functions to be provided for in the Council of Government, and determine, in particular, the principles and criteria of appointment to these functions, notably those of equality of opportunities, of merit, of competence and of transparency.
The Head of Government informs the King of the conclusions of the deliberations of the Council of Government.
Article 93
The ministers are responsible, each in the sector for which he has the responsibility [charge] and in the framework of governmental solidarity, of the implementation of the policy of the government.
The ministers accomplish the missions which the Head of Government confides in them. They render account to the Council of Government.
They can delegate a part of their attributions to the Secretaries of State.
Article 94
The members of the government are criminally responsible before the jurisdictions of the Kingdom for the crimes and misdemeanors committed in the exercise of their functions.
The law determines the procedure relative to this responsibility.
