CHAPTER 9
POWERS AND RESPONSIBILITY OF THE GOVERNMENT
Article 61 — Powers of the Government
The Government shall: a) execute laws; b) direct public administration; c) prepare and execute the state budget; d) conduct internal and external policy within the framework of laws and parliamentary oversight; e) ensure public order through constitutionally accountable institutions; f) administer economic, social, environmental, digital, and infrastructure policy; g) perform other functions established by the Constitution and laws.
The Government may not legislate by decree except where expressly authorized by constitutional law in strictly defined categories of administrative implementation. All such decrees shall: state their legal basis; be published within twenty-four (24) hours of adoption; expire automatically if not confirmed by the Lower House within thirty (30) days of publication; and remain subject to judicial review and annulment.
Article 62 — Prime Minister
The Prime Minister directs the work of the Government and coordinates ministerial activity.
The Prime Minister is the head of government and not the commander-in-chief of the armed forces.
The Prime Minister may not assume powers assigned by this Constitution to Parliament, the courts, the Constitutional Court, the independent electoral authority, the Ombudsman, or local self-government bodies.
The Prime Minister shall appear before the Lower House for a general accountability session at least once every three (3) months and shall respond to parliamentary questions, interpellations, hearings, and oversight procedures within the deadlines established by parliamentary rules, which shall not exceed fourteen (14) days for written questions.
Article 62a — Acting Prime Minister
The Prime Minister shall designate in writing, at the time of taking office and whenever the designation changes, a minister to act as Prime Minister (Acting Prime Minister) during any period of temporary absence or incapacity. The designation shall be filed with the Speaker of the Lower House and published within twenty-four (24) hours.
Where no valid designation exists or the designated minister is also unavailable, the Acting Prime Minister shall be the most senior minister as determined by the order established by constitutional law.
The Acting Prime Minister exercises the full constitutional powers of the Prime Minister during temporary absence or incapacity. The Acting Prime Minister may not simultaneously hold a separate ministerial portfolio in a manner that improperly concentrates executive authority.
Where the Prime Minister dies, is permanently incapacitated under Article 67(1)(d), or otherwise permanently ceases to hold office under Article 67(1)(e), the Government continues in caretaker capacity under Article 60, headed by the Acting Prime Minister designated under this Article, until a new Government is appointed under this Constitution. The Acting Prime Minister heading a caretaker Government may not exercise powers reserved by this Constitution for a Prime Minister with a full investiture mandate.
Article 63 — Ministers
Ministers are appointed and dismissed by the Prime Minister. Since the Government as a whole wins investiture under Article 59, individual parliamentary confirmation of ministers is not required. The Prime Minister shall notify the Lower House of each appointment and dismissal within twenty-four (24) hours. The Lower House may hold a hearing on any ministerial appointment within fourteen (14) days of notification.
The Minister of Defense shall be a civilian.
Ministers are individually and collectively responsible to Parliament and legally responsible for violations of the Constitution and law.
No minister may hold office in violation of conflict-of-interest, incompatibility, or integrity requirements established by constitutional law. The independent anti-corruption body shall monitor compliance and may refer violations to the Constitutional Court or competent prosecutor. A minister found in violation shall resign within forty-eight (48) hours of a final determination or be dismissed by the Prime Minister.
Article 64 — Government Program
Within thirty (30) days of appointment, the Prime Minister shall present the Government’s program to the Lower House.
The program shall include priorities, legislative plans, budget principles, and measurable governance commitments with defined timelines.
The program shall be published on the day of presentation. The Government shall submit an annual implementation report to the Lower House within sixty (60) days of the end of each calendar year. All such reports shall be public.
Article 65 — Parliamentary Oversight of the Government
The Lower House shall oversee the Government through: a) questions and interpellations; b) committee investigations; c) hearings and reports; d) budgetary scrutiny; e) motions of censure and constructive vote of no confidence; f) approval procedures where this Constitution or law so provides.
Ministers and senior officials shall appear before Parliament when lawfully summoned within the period specified in the summons, which shall be no less than five (5) days. Failure to appear without a constitutionally valid reason shall constitute a breach of constitutional duty and may be referred by the Lower House to the Constitutional Court for a binding compliance order. The only grounds for non-appearance are active judicial proceedings where appearance would compromise the proceedings, or classified information that cannot be disclosed in open session, in which case appearance before a closed oversight committee is mandatory.
Article 66 — Constructive Vote of No Confidence
The Lower House may dismiss the Prime Minister only by a constructive vote of no confidence.
A motion of constructive no confidence shall: a) name the proposed successor Prime Minister, who must meet all requirements of Article 55; b) be signed by at least thirty (30) deputies before submission; c) be voted upon no earlier than five (5) days and no later than fifteen (15) days after formal submission.
If adopted by an absolute majority of the constitutional membership of the Lower House — seventy-six (76) of one hundred fifty (150) deputies — the incumbent Prime Minister and Government shall resign within forty-eight (48) hours, and the named successor shall be appointed without a further investiture vote.
A simple negative majority against the Government without naming a successor has no dismissive effect.
A failed motion of constructive no confidence may not be re-submitted for ninety (90) days. A deputy who signed a failed motion may not sign a new motion against the same Prime Minister within ninety (90) days.
Article 67 — Resignation and Termination of Government
The Government shall resign upon: a) a constructive vote of no confidence under Article 66; b) the voluntary resignation of the Prime Minister, submitted in writing to the Speaker, which takes effect upon receipt and may not be withdrawn; c) the first sitting of a newly elected Lower House; d) permanent incapacity of the Prime Minister, certified by a medical panel of three physicians appointed by the Speaker, the Chief Justice of the Supreme Court, and the Ombudsman respectively, and confirmed by a resolution of the Lower House; e) death of the Prime Minister; f) other cases expressly established by this Constitution.
Resignation or termination does not end the duty to act as caretaker Government under Article 60 until a new Government is appointed and sworn in.