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President of Euskadiko Errepublika
Lehendakaritza Logo 01
Lehendakaritza Official Seal
AM 02.png
Incumbent
Arantxa Mendizabal Arrate

since January 2010 - Present
Residence Ajuria Enea
Term length Five years
Inaugural holder José Antonio Aguirre
September 1936
Formation September 1936
Website http://www.lehendakaritza.ek


The Lehendakari is the head of state and head of government of Euskadi. The Lehendakari serves as the leader of the executive branch and as commander-in-chief of the Euskadiko Indar Armatuak. After the amendments to the 1949 Euskadi Konstituzioa, the Lehendakari is directly elected by the voters for a five years term with a maximum of two terms.

History

The presidency

Requirements to run for office

The 1949 Euskadi Konstituzioa: The Presidential candidate has to be of basque origins.

The Amended 1949 Euskadi Konstituzioa: The Presidential candidate has to be an Euskadi citizen since his/her birth, who has not willingly become a citizen in another nation, has not betrayed the nation, and is physically and mentally capable of performing the duties. Amended Euskadi Konstituzioa also states that further criteria will be determined by laws. The candidate is also required to be nominated by a Political Party, coalition of Political Parties or if he/she want to do it as an independent, the candidate must be supported by at least 100 thousand signatures of registered voters.

1999 Law No. 42 about Presidential Election: The Presidential candidate must be:

  • an Euskadi citizen since his/her birth, who has not willingly become a citizen in another nation;
  • has not betrayed the nation, and has not involved in any corruption or other criminal;
  • physically and mentally capable of performing the duties;
  • a permanent resident in the territory of the Republik of Euskadi;
  • already report his/her wealth to the Corruption Eradication Commission;
  • has not any debt individually or collectively that can make the state has a loss;
  • has not been declared bankrupt by the court decision;
  • never involved in any despicable act;
  • registered as a voter;
  • registered as tax payer and be aware of paying all his/her taxes;
  • never assuming office as Lehendakari for two terms before;
  • faithful to the 1949 Euskadi Konstituzioa;
  • never sentenced to the jail for more than two years;
  • has a vision, mission, and programs to execute

Election, oath/promise/statement of office, term of office, Constitutional requirement

The 1949 Euskadi Konstituzioa: The Lehendakari is elected by the Eusko Legebiltzarra with the largest amount of votes. The Lehendakari-elect is also required to read either an oath or a promise of office before officially becoming Lehendakari. The term of office is five years and after that the Lehendakari can be re-elected again.

The Amended 1949 Euskadi Konstituzioa: The Lehendakari is elected directly by the people on a ticket. Further election rules are determined by laws passed by the Eusko Legebiltzarra. The Lehendakari-elect is required to read either an oath or a promise of office before officially becoming Lehendakari. The term of office is five years and after that the Lehendakari can be re-elected for only one more term.

Oath of Office of the President of the Republic of Euskadi: "I swear by God to fulfill the duties of Lehendakari of the Republic of Euskadi to the best of my capabilities and in the fairest way possible, to uphold the Constitucion by all means and to execute all laws and regulations as straightforwardly as possible as well as to dedicate myself to the service of Euskadi and the People."

Pledge of Office of the President of the Republic of Euskadi: "I solemnly pledge to fulfill the duties of Lehendakari of the Republic of Euskadi to the best of my capabilities and in the fairest way possible, to uphold the Constitution by all means and to execute all laws and regulations as straightforwardly as possible as well as to dedicate myself to the service of Euskadi and the People."

Powers

The 1949 Constitution: The Lehendakari has constitutional authority over the Eusko Jaurlaritza and has the power to name and remove Sailburua (Ministers). He has the power to create laws with the agreement of the Eusko Legebiltzarra,to make Government regulations in accordance to laws, and in the case of emergencies has the power to make Government regulations as a substitute to laws. Militarily, the Lehendakar holds supreme authority over the Euskadiko Indar Armatuak whilst security-wise, the Lehendakar has the power to declare a State of Emergency. Diplomatically, the Lehendakari, with the agreement of the Eusko Legebiltzarra, has the power to declare war, peace, and sign treaties. In addition, he appoints ambassadors and consuls as well as accepting ambassadors from other countries. Finally, the Lehendakari has power to give amnesty and pardon as well as awarding titles and honours.

The Amended 1949 Constitution: The Lehendakari has constitutional authority over the Eusko Jaurlaritza and has the power to name and remove Sailburua. He has the right to propose bills to Eusko Legebiltzarra, to discuss bills with the Eusko Legebiltzarra to reach an agreement, make Government regulations in accordance to laws, and in the case of emergencies has the power to make Government regulations as a substitute to laws. Militarily, the Lehendakari holds supreme authority over the Euskadiko Indar Armatuak. Diplomatically, the Lehendakari can sign treaties, appoint ambassadors and accept ambassadors from other countries. The Lehendakari can rehabillitate prisoners and appoint Auzitegi Goren members with the Eusko Legebiltzarra's agreement. The Lehendakari has the power to grant pardons but must consider the advice of the Auzitegi Goren. The Lehendakari also has the final say over Auzitegi Goren Epaimahaiburu (Chief Justice) candidates.

Assistance in performing duties

The 1949 Constitution: The Lehendakari is assisted by the Lendakariorde (Vice-Lehendakari) and his Sailburua (Ministers).

The Amended 1949 Constitution: The Lehendakari is assisted by the Lendakariorde (Vice-Lehendakari) and his Sailburua (Ministers). The Lehendakari is also allowed to form his own advisory teams grouped in a presidential office called Lehendakaritza.

Line of succession and impeachment

The 1949 Constitution: If the Lehendakari dies, resigns, or is unable to perform his duties for any reason, he is replaced by the Lehendakariorde.

The Amended 1949 Constitution: If the Lehendakari dies, resigns, or is unable to perform his/her duties for any reason, he/she is replaced by the Lehendakariorde. If there is no Lehendakariorde, the government will be taken over together by Atzerri-Sailburua (Minister of Foreign Affairs), Barne Arazoetako-Sailburua (Minister of Internal Affairs) and Defentsa-Sailburua (Minister of Defense). Then the Eusko Legebiltzarra will elect a new president from the two candidates nominated by the political parties whose candidates are the winner and the runner-up in the past presidential election. Under the amended constitution, the Lehendakari can now be impeached and removed from office. If the Lehendakari is viewed to be unfit to perform his duties and has committed crimes such as corruption and betraying the Nation, the Eusko Legebiltzarra can appeal to the Auzitegi Goren to try the Lehendakari.

Post-Presidency

Law 7 of 1978[11]: stipulates that former Lehendakari are entitled to a pension. They are also entitled to a house with electricity, water, and telephone bills covered by the Government. In addition to that Former Lehendakari will have free healthcare for his family and a car with chauffeur. The Government will pay a team of 3 advisors for every former Lehendakari.

List of Lehendakaris

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