CHAPTER 8
FORMATION OF GOVERNMENT
Article 54 — Government as the Highest Executive Authority
Executive power is exercised by the Government of the Republic in accordance with the Constitution and laws.
The Government is headed by the Prime Minister.
The Government is politically accountable to the Lower House and legally bound by the Constitution, laws, judicial decisions, and constitutional review.
Article 55 — Constitutional Requirements for the Prime Minister
A citizen may be appointed Prime Minister if that person: a) has attained thirty (30) years of age; b) possesses full political rights; c) has not been finally convicted of grave crimes incompatible with public office, as defined by constitutional law, except where such conviction has been expunged; d) is not disqualified by final judicial decision; e) is a pre-proclaimed Prime Ministerial candidate of a party participating in the relevant Lower House election, except where this Constitution expressly provides otherwise.
The Prime Minister shall not simultaneously hold judicial office, military command, intelligence office, police command, or any other position incompatible with parliamentary government, and shall resign from any such position before taking the oath of office.
If the Prime Minister becomes constitutionally ineligible while in office — including by final conviction for a grave crime — the Government shall resign within forty-eight (48) hours and the caretaker procedure under Article 60 shall apply immediately.
Article 56 — Automatic Mandate at Fifty-Five Percent
If a political party receives more than fifty-five percent of the seats in the Lower House — eighty-three (83) or more of one hundred fifty (150) seats — the Prime Ministerial candidate proclaimed by that party before the election shall be appointed Prime Minister without an investiture vote.
Appointment under paragraph 1 shall take place within five (5) days of official certification of election results, without discretionary refusal by any person or institution, once constitutional eligibility is confirmed by the Independent Electoral Authority.
If the Speaker fails to complete the appointment within five days, the appointment is effected by operation of this Constitution and the Government takes office upon the PM-designate’s oath.
Article 57 — Sequential Investiture Process
Where no party obtains the automatic mandate under Article 56, government shall be formed through the sequential investiture process established in this Article. No new elections shall be called before this process is exhausted.
Within five (5) days of official certification of election results, the Speaker shall invite the Prime Ministerial candidate of the party holding the most seats in the Lower House to begin the investiture process.
The invited candidate shall have thirty (30) days to present a governing program and coalition agreement to the Lower House and to win an investiture vote. The investiture vote requires an absolute majority of the constitutional membership of the Lower House — seventy-six (76) of one hundred fifty (150) deputies.
If the first candidate fails to win investiture within thirty days, the Speaker shall invite the Prime Ministerial candidate of the party with the next-highest seat count. Each subsequent candidate shall have fourteen (14) days for their investiture attempt, with the same majority required.
The total period for all investiture attempts under this Article shall not exceed sixty (60) days from the date of the first invitation under paragraph 2. If no candidate wins investiture within sixty days, the provisions of Article 59(4) on new elections shall apply.
Article 58 — Coalition Formation if No Automatic Majority Emerges
If, after completion of the constitutionally prescribed electoral process, no party obtains the automatic mandate under Article 56, the Government shall be formed by coalition.
The Prime Minister in such case shall be appointed from among the Prime Ministerial candidates proclaimed before the election by parties represented in the Lower House.
Coalition negotiations shall take place publicly. A coalition agreement must be concluded and submitted to the Independent Electoral Authority for constitutional compliance review within thirty (30) days of the start of coalition negotiations.
The full coalition agreement shall be published at least seventy-two (72) hours before the investiture vote. No investiture vote may be held before this period expires.
Any coalition agreement contrary to the Constitution is void. The Constitutional Court may review a coalition agreement for constitutional compatibility upon application by any actor with standing under Article 90.
Article 59 — Investiture of Coalition Government
A coalition candidate for Prime Minister shall be elected by the Lower House by an absolute majority of its constitutional membership — seventy-six (76) of one hundred fifty (150) deputies.
Together with the proposed Prime Minister, the coalition shall present: a) the proposed composition of Government; b) the governing program; c) the written coalition agreement published under Article 58(4); d) a declaration of constitutional compliance.
If no candidate wins investiture within the sixty-day period under Article 57(5), the Speaker shall formally certify the failure of government formation and the Lower House shall be dissolved.
New elections shall be held within sixty (60) days of dissolution. Until a new Government is formed, the caretaker Government under Article 60 continues in office. The caretaker period shall not exceed one hundred twenty (120) days from the date of dissolution.
Article 60 — Caretaker Government
The outgoing Government shall continue in a caretaker capacity until the appointment of a new Government.
A caretaker Government is limited to routine administration and shall not: a) introduce new laws, policies, or regulations beyond those required for the continuity of public services and existing legal obligations; b) appoint or remove senior officials — including ministers, heads of constitutional bodies, ambassadors, and senior military and security commanders — except where a vacancy creates an immediate risk to public safety or constitutional order, confirmed in writing by the Speaker; c) conclude, amend, or terminate international treaties or long-term international commitments; d) propose or implement structural changes to the armed forces, intelligence services, police, judiciary, or electoral system; e) submit a new state budget; if no budget is adopted, the previous year’s budget applies on a monthly pro-rata basis.
Any act of a caretaker Government in violation of paragraph 2 is void and subject to annulment by the Constitutional Court on application by any deputy or constitutional body.