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Article 85: Presidential Decrees

Chapter VIMedium

Constitution Text

“The President of the Republic, implementing the powers vested in him, shall issue acts-decrees. To be valid, the decrees issued by the President of the Republic for the purposes specified in Items 3, 15, 17, and 21 of Article 84 of the Constitution must be signed by the Prime Minister or an appropriate Minister. Responsibility for such a decree shall lie with the Prime Minister or the Minister who signs it.”

Summary

The President exercises his or her powers by issuing acts-decrees. Decrees on diplomatic representatives, the highest military ranks, a state of emergency and citizenship are valid only when countersigned by the Prime Minister or the relevant Minister, who then bears responsibility for the decree.

Key Points

  • •The President issues acts-decrees when implementing his or her powers.
  • •Decrees under Items 3, 15, 17 and 21 of Article 84 (diplomatic representatives, highest military ranks, state of emergency, citizenship) are valid only when signed by the Prime Minister or an appropriate Minister.
  • •Responsibility for such a decree lies with the Prime Minister or the Minister who signed it.

Practical Example

A presidential decree granting citizenship to a foreigner is countersigned by the Minister of the Interior – without that signature the decree has no legal force.

Exam Tips

Remember that the President's acts are called decrees and that certain decrees (including those on citizenship) require the signature of the Prime Minister or a Minister.

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