Dili, 09 February 2015 – A note of clarification based on the Constitution of the RDTL.

  1. The acceptance of the Prime Minister’s resignation results in the dismissal of the Government, pursuant to Art. 112 b) of the Constitution.
  1. The acceptance of the Prime Minister’s resignation is the sole responsibility of the President of the Republic, pursuant to the same Art. 112 b) of the Constitution.
  1. The Council of State must, pursuant to Art. 91 §1 b) of the Constitution, “Pronounce on the dismissal of the Government,” which may happen before or after the President’s decision, since the Council of State is a consultation body of the President of the Republic, pursuant to Art. 90 of the Constitution.
  1. The decision on the Prime Minister’s resignation is a political act of the President of the Republic, the formal consequence of which is the exoneration of the Prime Minister and the dismissal of the Government, upon the appointment and taking office of the new Prime Minister and the new Government members, pursuant to Art. 86 g) and h) of the Constitution. Until then, the Prime Minister and the Government remain in office and ensure day-to-day management, performing all actions required for the administration of the State, public interest and government transition.
  1. The President of the Republic hears to political parties on the process of appointment of the Government, pursuant to Art. 106 §1 of the Constitution. The Prime Minister will be designated by the party that received the most votes in the last legislative elections or by the alliance of parties that received the most votes, pursuant to the same Art. 106 §1 of the Constitution. The President of the Republic may actively seek the best government solution with the political parties represented in Parliament.
  1. After the Prime Minister is designated, he or she will propose to the President of the Republic the remaining government members, whom the President of the Republic will appoint, pursuant to Art. 106 §2 of the Constitution.
  1. The Government is sworn in by the President of the Republic, pursuant to Art. 86 h) of the Constitution.