Circumstances and persons concerned

The President may be temporarily unable to discharge the duties of his office (Article 131 of the Constitution), and he or she may be held accountable before the Tribunal of State (Article 145 of the Constitution). The Prime Minister and Council of Ministers are accountable to the Tribunal of State (Article 156 of the Constitution). Also accountable to the Tribunal of State are: the president of the national bank, the president of the supreme chamber of control, members of the national council of radio broadcasting and television, persons to whom the Prime Minister has granted powers of management over a ministry, and the commander-in-chief of the armed forces (Article 198 of the Constitution). Deputies and senators are also constitutionally accountable to the Tribunal of State (Article 107 of the Constitution).

Modalities and procedure

If the President is temporarily unable to discharge his or her duties, the Constitutional Tribunal determines, on request of the Marshal of the House, whether there exists an impediment, or the President may himself or herself communicate this fact to the Marshal, who then temporarily assumes the duties. The President is held accountable before the Tribunal of State for an infringement of the Constitution or statute, for violations of the Constitution or of a statute committed by him or her within his or her office or within its scope, or for commission of an offence. All ministers are accountable for an infringement of the Constitution or statutes, for violations of the Constitution or of a statute committed by them within their office or within its scope, as well as for the commission of an offence connected with the duties of their office.

For violations of the Constitution or of a statute, committed by them within their office or within its scope, the other persons are constitutionally accountable to the Tribunal of State. Deputies and senators are constitutionally accountable to the tribunal as regards the performance of any business activity involving any benefit derived from the property of the state treasury or local Government or to acquire such property.

Bringing an indictment against the President is done by a resolution of the legislature passed by a majority of at least two-thirds of the statutory number of members of the legislature, on the motion of at least 140 of its members, or on the motion of 115 of its members for the other persons subject to accountability. On the motion of the President or at least 115 deputies, a resolution to bring a member of the Council of Ministers to account before the Tribunal of State is passed by the House by a majority of three fifths of all deputies. By resolution of the House adopted on a motion of the Marshal of the House, a deputy or senator may be brought to account before the Tribunal of State.

Consequences

On the day on which an indictment is brought against the President, he or she is suspended from discharging all official functions. The Tribunal of State decides on indictments and adjudicates upon forfeiture of the mandate of all persons subject to accountability The tribunal may impose the loss of electoral franchise and eligibility for election, a prohibition on holding managerial posts and performing duties connected with state bodies, forfeiture of all or specified medals, decorations and honorary titles and loss of eligibility to receive them. Between 1990 and 2000, 11 procedures were initiated, but most of them existed only at the preliminary motion stage and none was initiated against the President.

Have these procedures been applied?   Yes