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An Australian Republic - Thinking About the Drafting...

Extracts from the "Four Precedents", Topic 7:
Dismissal of President or other disciplinary measures


This is one of the supplementary pages to Thinking About the Drafting. The purpose of these pages is explained in Four Precedents - Introduction.

Austria

[Art 60, continued from election file]
(6) Before expiry of his term of office the Federal President can be deposed by referendum. The referendum shall be held if the Federal Assembly so demands. The Federal Assembly shall be convoked by the Federal Chancellor for this purpose if the House of Representatives has passed such a motion. The House of Representatives vote requires the presence of at least half the members and a majority of two thirds of the votes cast. By such a House of Representatives vote, the Federal President is prevented from the further exercise of his office. Rejection by the referendum of the deposition works as a new election and entails the dissolution of the House of Representatives. The Federal President's total term of office may not exceed twelve years.

Article 142 [Liability of Officers]

(1) The Constitutional Court pronounces on suits which predicate the constitutional responsibility of the highest Federal and State authorities for legal contraventions culpably ensuing from their official activity.

(2) Suit can be brought:
a) against the Federal President, for contravention of the Federal Constitution: by a vote of the Federal Assembly; etc etc

(4) The condemnation by the Constitutional Court shall pronounce a forfeiture of office and, in particularly aggravating circumstances, also a temporary forfeiture of political rights. ....

(5) The Federal President can avail himself of the right vested in him in accordance with Article 65 (2)(c) [pardons, commutation, etc] in the cases under Paragraph (2)(a), [etc] only on the request of the representative body which has voted for the filing of the suit, ...and in all cases only with the approval of the defendant.

Article 68 [Responsibility]

(1) Pursuant to Article 142, the Federal President is responsible to the Federal Assembly for the exercise of his functions.

(2) To assert this responsibility, the Federal Assembly shall on the vote of the House of Representatives or the Senate be convoked by the Federal Chancellor.

(3) The presence of more than half the members of each of the two representative bodies and a majority of two thirds of the votes cast is requisite to a vote whereby a charge, consonant with Article 142, is proffered against the Federal President.

Article 64 [Discharge for Incapacity or Inattention]

(4) If the position of the Federal President is continuously deficient, the Federal Government shall immediately arrange the election of the new Federal President; after the ensuing election, the committee shall without delay convoke the Federal Assembly for the affirmation of the Federal President.

Iceland

Article 11

The President of the Republic is not responsible for executive acts. The same applies to those who exercise presidential authority.

The President may not be prosecuted on a criminal charge except with the consent of Althingi.

The President may be removed from office before his term expires if approved by a majority vote in a plebiscite called pursuant to a resolution adopted by three-fourths of the Members of Althingi. This plebiscite shall be held within two months from the date of adoption by Althingi of the resolution. The President shall not perform his duties from the time the resolution is adopted by Althingi until the results of the plebiscite are known.

If the resolution by Althingi is not approved in the plebiscite, Althingi shall be immediately dissolved and new elections called.

Ireland

Art 12, s 10
1. The President may be impeached for stated misbehaviour.
2. The charge shall be preferred by either of the Houses of the Oireachtas, subject to and in accordance with the provisions of this section.
3. A proposal to either House of the Oireachtas to prefer a charge against the President under this section shall not be entertained unless upon a notice of motion in writing signed by not less than thirty members of that House.
4. No such proposal shall be adopted by either of the Houses of the Oireachtas save upon a resolution of that House supported by not less than two-thirds of the total membership thereof.
5. When a charge has been preferred by either House of the Oireachtas, the other House shall investigate the charge, or cause the charge to be investigated.
6. The President shall have the right to appear and to be represented at the investigation of the charge.
7. If, as a result of the investigation, a resolution be passed supported by not less than two-thirds of the total membership of the House of the Oireachtas by which the charge was investigated, or caused to be investigated, declaring that the charge preferred against the President has been sustained and that the misbehaviour, the subject of the charge, was such as to render him unfit to continue in office, such resolution shall operate to remove the President from his office.

Portugal

Article 129
Absence from the national territory

1. The President of the Republic shall not be absent from the national territory without the consent of the Assembly of the Republic or its Standing Committee, if the Assembly is not in session.

2. This consent is not necessary if the President of the Republic is in transit or on an unofficial visit of not more than 5 days, although the Assembly of the Republic shall be informed in advance of these occasions.

3. Failure to comply with paragraph 1 results in automatic forfeiture of office.

Article 130
Criminal liability

1. The President of the Republic shall be answerable before the Supreme Court of Justice for offences committed in the performance of his or her duties.

2. It is the duty of the Assembly of the Republic to initiate the proceedings on proposal of one-fifth, that is supported by two-thirds, of the Deputies entitled to vote.

3. Conviction results in forfeiture of office and disqualification from re-election.

4. The President of the Republic shall be answerable before a court of law, after the end of the term of office, for offences not committed in the performance of his or her duties.


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Compiled by John Pyke, with a little help from DiDa!. Posted 24th December 2003.