CONSTITUTION OF THE DEMOCRATIC REPUBLIC OF TIMOR-LESTE

    

TITLE II

PRESIDENT OF THE REPUBLIC

 

CHAPTER II

COMPETENCIES

 

Section 85

(Competencies)

 

It is exclusively incumbent upon the President of the Republic:

a) To promulgate statutes and order the publication of resolutions by the National

Parliament approving agreements and ratifying international treaties and conventions;

b) Exercise competencies inherent in the functions of Supreme Commander of

the Defense Force;

c) To exercise the right of veto regarding any statutes within 30 days from the date of their receipt;

d) To appoint and swear in the Prime Minister designated by the party or alliance of parties with parliamentary majority after consultation with political parties sitting in the National Parliament;

e) To request the Supreme Court of Justice to undertake preventive appraisal and abstract review of the constitutionality of the rules, as well as verification of unconstitutionality by omission.

f) To submit relevant issues of national interest to a referendum as laid down in

Section 66;

g) To declare the state of siege or the state of emergency following authorization of the National Parliament, after consultation with the Council of State, the Government and the Supreme Council of Defense and Security;

h) To declare war and make peace following a Government proposal, after consultation with the Council of State and the Supreme Council of Defense and Security, under authorization of the National Parliament;

i) To grant pardons and commute sentences after consultation with the Government;

j) To award honorary titles, decorations and merits in accordance with the law.

 

Section 86

(Competencies with regard to other organs)

 

It is incumbent upon the President of the Republic, with regard to other organs:

a) To chair the Supreme Council of Defense and Security;

b) To chair the Council of State;

c) To set dates for presidential and legislative elections in accordance with the Law;

d) To request the convening of extraordinary sessions of the National Parliament, whenever imperative reasons of national interest so justify;

e) To address messages to the National Parliament and the country;

f) To dissolve the National Parliament in case of a serious institutional crisis preventing the formation of a government or the approval of the State Budget and lasting more than sixty days, after consultation with political parties sitting in the

Parliament and with the Council of State, on pain of rendering the dissolution null and void, taking into consideration provisions of Section 100;

g) To dismiss the Government and remove the Prime Minister from office after the National Parliament has rejected his or her program for two consecutive times.

h) To appoint, swear in and remove Government Members from office, following a proposal by the Prime-Minister, in accordance with item 2, Section 106;

i) To appoint two members for the Supreme Council of Defense and Security;

j) To appoint the President of the Supreme Court of Justice and swear in the President of the High Administrative, Tax and Audit Court;

k) To appoint the Prosecutor-General for a term of four years;

l) To appoint and dismiss the Deputy Prosecutor-General s in accordance with item 6, Section 133;

m) To appoint and dismiss, following proposal by the Government, the General Chief of Staff of the Defense Force, the Deputy General Chief of Staff of the Defense Force, and the Chiefs of Staff of the Defense Force, after consultation with the General Chief of Staff regarding the latter two cases;

n) To appoint five Members for the Council of State;

o) To appoint one member for the Superior Council for the Judiciary and for the Superior Council for the Public Prosecution.

 

Section 87

(Competencies with regard to International Relations)

 

It is incumbent upon the President of the Republic, in the field of international relations:

a) To declare war in case of effective or imminent aggression and make peace, following proposal by the Government, after consultation with the Supreme Council for Defense and Security and following authorization of the National Parliament or of its Standing Committee.

b) To appoint and dismiss ambassadors, permanent representatives and special

envoys, following proposal by the Government;

c) To receive credential letters and accredit foreign diplomatic representatives;

d) Conduct, in consultation with the Government, any negotiation process towards

the completion of international agreements in the field of defence and security.

 

Section 88

(Promulgation and veto)

 

1. Within thirty days after receiving any statute from the National Parliament for the purpose of its promulgation as law, the President of the Republic shall either promulgate the statute or exercise the right of veto, in which case he or she, based on substantive grounds, shall send a message to the National Parliament requesting a new appraisal of the statute.

2. If, within ninety days, the National Parliament confirms its vote by an absolute majority of its Members in full exercise of their functions, the President of the Republic shall promulgate the statute within eight days after receiving it.

3. However, a majority of two-thirds of the Members present shall be required to ratify statutes on matters provided for in Section 95 where that majority exceeds an absolute majority of the Members in full exercise of their functions.

4. Within forty days after receiving any statute from the Government for the purpose of its promulgation as law, the President of the Republic shall either promulgate the instrument or exercise the right of veto by way of a written communication to the Government containing the reasons for the veto.