Circumstances and persons concerned

The Congress has no penal procedure at its disposal, but may declare the physical or mental incapacity of the President for the exercise of his/her duties (Article 165.h of the Constitution).

Modalities and procedure

The Congress may declare the physical or mental incapacity of the President for the exercise of his/her duties through the vote of two-thirds of the total number of deputies. The declaration must be based on the prior opinion of a Committee of five physicians appointed by the directive board of the association following the request of the Congress.

Consequences

In case of a temporary or definitive incapacity, the President is replaced by the vice-President (Article 189 of the Constitution). If the incapacity is definitive, the vice-President assumes the functions of the Presidency until the termination of the constitutional term. In case of the definitive incapacity of both, a person appointed by the Congress will complete the said term following the favourable vote of two-thirds of the total number of deputies.

Have these procedures been applied?   No