CHAPTER I. OF THE EXECUTIVE POWER
Head of state term length, Head of state term limits, Head of state selection, Name/structure of executive(s)
The presidency of the Union rotates between the Islands.
Each Island, through the elected candidate, carries out the presidency of the Union for a mandate of five (5) years, renewable once.
In no case may an Island exercise more than two (2) consecutive mandates.
Claim of universal suffrage
The President of the Union is elected by universal direct majority suffrage in two rounds.
Eligibility for head of state, Head of state selection, Minimum age of head of state
The Comorian citizen of origin, from the Island where the rotation falls, having the status of elector, aged at least thirty-five (35) years the day of the presentation of their candidature and having effectively resided in a permanent manner in the national territory in the course of the twelve months preceding the election, may be a candidate for the presidency of the Union.
For the purposes of this Article, a Comorian with maternal or paternal relatives born on this Island, is from the Island.
Any Comorian who, although not from the Island, has lived in an effective manner on the Island where the rotation falls during at least ten years preceding the election may equally be a candidate.
The Comorian who decides to be a candidate to the presidential or gubernatorial election in one Island, may not be a candidate in another Island. This choice is irrevocable.
The modalities of the election mentioned in the preceding paragraph are determined by an organic law.
Head of state powers, International law, Foreign affairs representative
The President of the Union is the symbol of the National Unity:
- He is the guarantor of the inviolability of the borders such as they are internationally recognized, as well as of the sovereignty of the Country.
He is the arbiter and the moderator of the regular operations of its institutions.
He assures the highest representation of the Union in international relations.
He is the guarantor of respect for the international treaties and agreements. The President of the Union determines and conducts foreign policy.
He appoints and accredits the ambassadors and the extraordinary envoys to foreign powers.
The foreign ambassadors and envoys extraordinary are accredited by him.
He negotiates and ratifies the treaties.
The President of the Union is the Head of Government.
In this function, he determines and leads the policy of the Union:
- He has the public administration at his disposal.
He exercises the regulatory power.
He appoints to the civil and military positions.
The President of the Union may delegate certain powers to members of the Government.
Designation of commander in chief
The President of the Union is the Head of the Armies. He is responsible for the foreign defense.
Power to pardon
The President of the Union has the right to pardon.
Supreme court powers, Emergency provisions, International law, Powers of cabinet
When the constitutional institutions, the independence of the Nation, the integrity of its territory or the execution of its international engagements are threatened in a serious and immediate manner and the regular operations of constitutional institutions are interrupted, the President of the Union, after official consultation with the Council of Ministers, of the President of the Assembly of the Union and of the Supreme Court, takes the exceptional measures required by the circumstances.
These measures must be motivated by the will to provide the constitutional institutions, with the least delay, the means to accomplish their mission.
Standing committees, Head of state decree power
The President of the Union can, with clearance from the Assembly of the Union, legislate by ordinance on matters relative to its competence. These ordinances are filed with the Bureau of the Assembly at the next session following the termination of the time period set by the enabling law.
God or other deities, Oaths to abide by constitution
Before assuming his functions, the President of the Union swears an oath, his hand on the Koran, before the Supreme Court, attended by the Mufti of the Republic or in his absence, the Grand Qadi, according to the following formulation:
"I swear before Allah, the Merciful and the most Compassionate to loyally and honestly fulfill the duties of my charge, to only act in the general interest and within respect for the Constitution."
Head of state removal, Head of government powers, Head of state replacement, Name/structure of executive(s), Supreme court powers
In case of vacancy or of permanent impairment of the President, occurring within nine hundred days following the date of investiture of his mandate and declared by the Supreme Court as referred to the matter by the Government, then it proceeds to the election of a new President, within a time period of sixty days.
The interim is carried out by the Prime Minister, within the act of appointment of the Ministers and other members of the Government. During this period, he may not change the Government.
If the vacancy or the permanent impairment occurs beyond nine hundred days, the Governor of the island carrying out the presidency of the Union finishes the mandate.
In this case, the duties of the Governor are assured by the Secretary General of the Governorship concerned.
The functions of President of the Union are incompatible with the exercise of any other elective mandate, of any other political function, of any public office, of any public or private professional activity or of any function within a directive organ of a political party or group.
Cabinet selection, Establishment of cabinet/ministers, Head of government selection
The President of the Union appoints the Ministers and the other members of the Government, which may number no more than fifteen.
Eligibility for cabinet
The Government of the Union is composed in a manner to assure the just and equitable representation of the Islands and a just and equitable division between men and women.
Head of government's role in the legislature, Eligibility for cabinet
The functions of Minister are incompatible with the exercise of any national elective mandate, of any function of professional representation and of any public office or of any professional activity.
The members of the Government are responsible for criminal infractions committed within the exercise and outside of the exercise of their functions, before the jurisdictions of common law.
Approval or veto of general legislation, Veto override procedure
The President of the Union promulgates the laws of the Union within the thirty days which follow the transmission to the Government of the law definitively adopted.
He can, before the expiration of this time period, request of the Assembly of the Union, which decides with absolute majority, a new deliberation of the law or of certain of its articles. This new deliberation cannot be refused.
Legislative oversight of the executive
The President of the Union presents once annually a discourse on the state of the Union before the Assembly of the Union.
CHAPTER II. OF THE LEGISLATIVE POWER
First chamber selection, Structure of legislative chamber(s)
The Assembly of the Union is composed of members elected in the national electoral districts and of those representing the Comorians settled outside the Comoros.
Outside professions of legislators, Eligibility for first chamber, First chamber selection, Replacement of legislators
A law establishes the conditions and the modalities of election of each of the categories of the members of the Assembly of the Union mentioned in the Article above, as well as their number.
It establishes also the number of electoral districts, the system of ineligibilities and of incompatibilities of the said members.
It determines in addition the conditions in which the persons are elected who are called to carry out, in case of vacancy, their replacement until general or partial renewal of the Assembly of the Union.
The members of the Assembly of the Union are Deputies. They represent the Nation.
Removal of individual legislators, Replacement of legislators
Any Deputy who, in the course of a mandate, resigns from their party or changes their political group automatically loses their seat in the Assembly of the Union. They are replaced by their substitute who finishes the mandate.
Term length for first chamber
The mandate of Deputy commences at the date of the opening of the first session and ends at the end of the fifth year.
Scheduling of elections
The election of the Deputies takes place within the sixty days preceding the expiration of the powers of the Assembly of the Union.
The Assembly of the Union is the legislative organ of the Union. It votes on the laws, including the laws of regulation, adopts the budget and controls the action of the Government.
The Assembly of the Union is completely renewed.
The Assembly of the Union adopts, with the majority of two-thirds of its members, its internal regulations. Before the application of these, the Supreme Court decides on their conformity with the Constitution.
Leader of first chamber
The President of the Assembly of the Union is elected for the duration of the legislature.
However, his mandate may be challenged by a motion of disapproval according to the following procedure:
- The demand is formulated and signed by at least half of the Deputies composing the Assembly;
The vote may only take place forty-eight hours after its submission;
Only the votes favorable to the motion are counted;
The motion is adopted by a majority of two-thirds of the members composing the Assembly;
The Assembly may only vote one motion per year;
No motion may be submitted in the course of an extraordinary session;
The interim is carried out by the First Vice President. He organizes the election of the new President within the fifteen days following the adoption of the motion.
An organic law determines the conditions and the modalities of the election of Deputies of the Assembly of the Union and of its President, the system of ineligibilities and of incompatibilities, as well as their indemnities.
Immunity of legislators
No member of the Assembly of the Union may be prosecuted, investigated, arrested, detained or judged on the basis of the opinions or votes made by him in the exercise of his functions.
Standing committees, Immunity of legislators
No member of the Assembly of the Union may, during the time of the sessions, be prosecuted or arrested in a criminal or correctional matter without the authorization of the Assembly, except in the case of flagrante delicto.
No member of the Assembly of the Union may, out of session, be arrested without the authorization of the Bureau of the Assembly, except in case of flagrante delicto, of authorized charges or of definitive condemnation.
The right to vote of the members of the Assembly of the Union is personal. The law may exceptionally authorize the delegation of the vote to another Deputy. In this case, no one may receive a commission of more than one mandate.
Length of legislative sessions
The Assembly of the Union meets of plain right in two ordinary sessions per year, of which the total duration may not exceed six months. The calendar of the sessions is established according to the modalities determined by the internal regulations of the Assembly of the Union.
Extraordinary legislative sessions
The Assembly of the Union meets in extraordinary session, at the demand of the President of the Union or of the absolute majority of the Deputies, on a determined agenda.
The extraordinary session may not exceed fifteen days counting from the date of its initial meeting.
Public or private sessions
The sittings of the Assembly of the Union are in principle public, except for cases provided for by the internal regulations of the Assembly.
Powers of cabinet
Initiation of general legislation
The initiative of law belongs concurrently to President of the Union and to the Deputies.
The Deputies and the Government have the right of amendment.
The bills of law are deliberated in the Council of Ministers and filed with the Bureau of the Assembly of the Union.
Bills of the members of the Assembly of the Union, are only receivable if they are communicated to the Government before their inscription on the agenda. It is held to return them, with or without observations, within a time period which may not exceed fifteen days.
If it appears in the course of the legislative procedure that a bill or an amendment is not in the domain of law or is contrary to an authority agreed to by virtue of Article 56, above, the Government may oppose the inadmissibility;
In case of a disagreement between the Government and the Assembly of the Union, the Supreme Court, at the demand of one or the other, decides within a time period of eight (8) days.
Bills and amendments of the members of the Assembly of the Union are not admissible when their adoption should have as a consequence either a diminution of the public resources, or the creation or aggravation of a public expense.
The proposals and bills are, at the demand of the Government or of the Assembly of the Union, sent for examination to commissions created by the internal regulations of the Assembly of the Union or specially established for this purpose.
Organic laws, Constitutional interpretation, Constitutionality of legislation
The laws to which the Constitution confers the character of organic laws are voted on and modified within the following conditions.
- The bill or the proposal of organic law is only submitted to the deliberation and to the vote of the Assembly of the Union at the expiration of a time of fifteen days after its filing.
The organic laws are adopted with the majority of two-thirds of the members composing the Assembly of the Union.
They are promulgated after the Supreme Court declares that they conform to the Constitution.
The Assembly of the Union votes on finance laws with a two-thirds majority.
If it has not been decided within a time period of sixty days after the opening of the second ordinary session, the provisions of the bill may be brought into force by ordinance.
CHAPTER IV. OF THE JUDICIAL POWER
Structure of the courts, Judicial independence
The judicial power is independent of the legislative power and the executive power. It is exercised by the Supreme Court and other courts and tribunals.
The judges are subject in the exercise of their functions only to the authority of the law.
Supreme/ordinary court judge removal
The presiding magistrates are not removable, save for the cases of necessity of service.
Establishment of judicial council
The President of the Union is the guarantor of judicial independence.
He is assisted by the Superior Council of the Magistrature.
An organic law bears the status of the magistrates of the Superior Council of the Magistrature.
The judicial organization is determined by the law.
Head of state removal, Supreme court powers, Structure of the courts
The Supreme Court is the highest jurisdiction of the Union in judicial, administrative, constitutional matters, and matters of accounts.
It judges the President of the Union in case of high treason.
The decisions of the Supreme Court are not liable to any recourse and impose themselves on the Executive Power, on the Legislative Power as well as on all the jurisdictions of the national territory.
The modalities of application of this Article are established by an organic law.