THE INSTITUTIONS OF THE UNION OF THE COMOROS

The National Assembly, under the Constitution, is the legislative body of the Union. It consists of thirty three members elected for a five years term.

Moroni - L'Assemblée

ASSEMBLY OF THE UNION
Its members are appointed by the Assemblies of the Islands, with three members per Island, twenty-four are elected by direct universal suffrage under a plurality voting in two rounds. No member of the Assembly of the Union can be prosecuted, investigated, arrested, detained or tried for opinions expressed or votes cast in the exercise of its functions. The voting of members of the Union Assembly is personal. The laws of the Union may in exceptional cases, authorize another member to vote. In this case, no one may receive delegation of more than one term. The Union Assembly shall convene as of right in two ordinary sessions per year, with a total duration not exceeding six months. The Union Assembly also meets in special session upon the request of the President of the Union or the absolute majority of MEPs, on a specific agenda. The special session may not exceed fifteen days following its meeting. The sessions of the Assembly of the Union are in principle public. Legislative initiative belongs jointly to the President of the Union and its members. Piece of legislation are considered by the Council of Ministers and institutionalized in the office of the Union Assembly.

In the autonomous Islands of Grande Comore, Anjouan and Moheli, executive and deliberative functions are performed by separate devices. The Executive function is exercised by a governor assisted by commissioners. The Governor is elected by direct universal suffrage on the first tour and this for a term of five years, renewable once. The Governor is the head of the autonomous Island. He performs his duties by the order of the powers conferred by the Constitution of the Union and the statutory law of the autonomous Island. In his capacity as chief administrative officer of the autonomous Island, he appoints and terminates the functions of the Commissioners whose number cannot exceed 6. The deliberative function is performed by an Island Council. The Island Council through its diligence deals with the matters of the autonomous Island. Councilors of the Island with their substitute are elected by the first-past-the-post election system for a term of five years. A law of the Union determines the number of constituencies and polling procedures. The number of councilors of the Island cannot exceed: nine for Mwali, eleven for Maoré, nineteen for Ndzuwani, twenty-three for Ngazidja. The mandate the council of the Island is free. However, travel allowances and attendance will be assigned by order of the Governor in the limit set by statutory law. The composition, organization and operation of the Island Council and the terms and conditions for election of its members are set by statutory law. Conditions on the functions and operation of the Governorate and the relationship between the governorate and the Island Council are set by statutory law.

THE CONSTITUTIONAL COURT

According to the Constitution of the Union, the constitutional court judges the constitutionality of the laws of the Union and its islands. It sees to it that electoral processes are properly conducted both in the islands and in the Union, including referendum matters; it has jurisdictional authority on electoral matters. It finally guarantees the respect of citizens’ fundamental rights and public liberties. Any citizen may challenge the constitutionality of a legal provision in the Constitutional Court, either directly or by raising an objection of unconstitutionality before a court of the Union or the islands, in proceedings in which he or she is involved. The latter shall refrain from proceeding until the Constitutional Court has made a ruling, which shall be done within 30 days. The President of the Union, vice-presidents of the Union, Chairman of the Assembly of the Union and chief executives of the islands each nominate one member of the Constitutional Court. Under the Constitution, the members of the Constitutional Court must demonstrate a high standard of morality and probity as well as recognized competence in the legal, administrative, economic or social fields. They must justify having a minimum of fifteen years’ experience. They are appointed for a renewable term of six years. Members of the Constitutional Court may not be dismissed. Except in cases of flagrant delicto, they may not be prosecuted and arrested without the authorization of the Supreme Court.

Presentation
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The institutions
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