TITLE III. OF THE INSTITUTIONS OF THE UNION
CHAPTER I. OF THE EXECUTIVE POWER
Article 52
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.
The President of the Union is elected by universal direct majority suffrage in two rounds.
Article 53
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.
Article 54
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. The President of the Union is the Head of the Armies. He is responsible for the foreign defense. The President of the Union has the right to pardon.
Article 55
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.
Article 56
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.
Article 57
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.”
Article 58
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.
Article 59
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.
Article 60
The President of the Union appoints the Ministers and the other members of the Government, which may number no more than fifteen.
Article 61
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.
Article 62
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.
Article 63
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.
Article 64
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.
Article 65
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
Article 66
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.
Article 67
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.
Article 68
The members of the Assembly of the Union are Deputies. They represent the Nation.
Article 69
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.
Article 70
The mandate of Deputy commences at the date of the opening of the first session and ends at the end of the fifth year.
Article 71
The election of the Deputies takes place within the sixty days preceding the expiration of the powers of the Assembly of the Union.
Article 72
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.
Article 73
The Assembly of the Union is completely renewed.
Article 74
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.
Article 75
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.
Article 76
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.
Article 77
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.
Article 78
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.
Article 79
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.
Article 80
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.
Article 81
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.
Article 82
The sittings of the Assembly of the Union are in principle public, except for cases provided for by the internal regulations of the Assembly.
Article 83
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.
Article 84
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.
Article 85
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.
Article 86
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.
Article 87
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.
Article 88
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 III. OF RELATIONS BETWEEN THE LEGISLATIVE POWER AND THE EXECUTIVE POWER
Article 89
Other than the matters that are assigned to it by the other articles of the Constitution, the law establishes the rules concerning:
- the civic rights and the fundamental guarantees granted to citizens for the exercise of the public freedoms;
the freedom, pluralism and independence of the media; the constraints imposed on citizens on their person and assets; the system of associations and political parties as well as the status of the opposition; nationality, the state and capacity of persons, the law of the family, inheritance and gifts; the determination of crimes and misdemeanors as well as the penalties applicable to them; the criminal procedure; amnesty; the creation of new orders of jurisdiction; the right to work, the syndical right, the right to security and of social security; the base, rate and modalities of tax collection of any nature; the system of issuing currency.
Article 90
The law establishes equally the rules concerning:
- the administration of customs services;
the mode of management of the domain of the State and of land registry; the mode of management of companies with public capital; the system of ownership, substantive law, and civil and commercial obligations; the electoral system of the Assembly of the Union and of the Local Assemblies; the status of functionaries and military personnel as well as the guarantees that are accorded to them; the nationalization of enterprises and the transfer of enterprise ownership from the public sector to the private sector; the expropriations on account of public utility.
Article 91
The law determines the fundamental principles:
- of the general organization of the national defense and security;
of the general organization of the administrative, social and financial inspectorates; of the free administration of the Communes, of their competences and resources; of education and national public diplomas; of information and of the New Technologies of Communication and Information
Article 92
The matters other than those in the domain of law have a regulatory character.
The texts of legislative form acting in these matters before or after this Constitution may be modified or abrogated by decree of the President of the Union taking prior opinion of the Supreme Court, referred to the matter by the Government
Article 93
The Assembly of the Union may adopt resolutions within the conditions established by the law.
The proposals of resolutions that include injunctions regarding the Government are inadmissible and may not be recorded in the agenda.
CHAPTER IV. OF THE JUDICIAL POWER
Article 94
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.
The presiding magistrates are not removable, save for the cases of necessity of service.
Article 95
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.
Article 96
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.
CHAPTER V. OF RELIGION
Article 97
Islam is the State religion.
The State draws on this religion, the Sunni principles and rules of obedience and the Chafi’i rites that govern belief and social life.
Article 98
The Mufti of the republic is the highest religious authority of the State. He is appointed by decree of the President of the Union.
The modalities of application of this Article are established by the law.
