38

(1) The President of the Republic shall relieve the Cabinet from its duties if the Cabinet resigns, or if Parliament withdraws its confidence, as specified in article 84. In such cases, the provisions of paragraphs 2, 3 and 4 of article 37 are analogously applied.  If the Prime Minister of the resigned Cabinet is also the leader or party spokesman of the party with an absolute majority of the total number of Members in Parliament, then the provision of article 37 paragraph 3, section c is analogously applied.

(2) Should the Prime Minister resign, be deceased or be unable to discharge his duties due to reasons of health, the President of the Republic shall appoint as Prime Minister the person proposed by the parliamentary group of the party to which the departing Prime Minister belongs, provided that this has the absolute majority of the seats in Parliament. The proposal is made within three days at the latest from the resignation or demise of the Prime Minister or from the ascertainment of his inability to discharge his duties. In case no political party has the absolute majority of the seats in Parliament, paragraph 4 is analogously applied, followed by the second section of paragraph 2 and by paragraph 3 of the preceding article. The inability of the Prime Minister to discharge his duties due to reasons of health is ascertained by the Parliament by virtue of a special decision, taken with the absolute majority of the total number of Members of Parliament, following a proposal by the parliamentary group of the party to which the Prime Minister belongs, provided that this has the absolute majority of the seats in Parliament. [...]