Constitution

Comoros 2018 Constitution

Table of Contents

TITLE V. OF THE COMMUNES

Article 109

The Commune, like any other territorial collectivity, is created by the law.

Article 110

Within the conditions provided for by the law, the Communes manage themselves freely through elected councils and make decisions concerning the entirety of their competences.

They benefit from resources of which they may dispose freely within the conditions established by the law.

Article 111

The representative of the State has the responsibility for the national interests in the Island and assures the control of the legality of acts of the Commune and for the respect for the laws and regulations.

Article 112

The modalities of appointment to the communal organs, and the organization and operations of the Communes are determined by the law.

TITLE VI. OF THE REVISION OF THE CONSTITUTION

Article 113

The initiative of the revision of the Constitution belongs concurrently to the President of the Union and to at least one-third of the members of the Assembly of the Union.

Article 114

To be adopted, the bill or proposal of revision must be approved by three-quarters of the total number of the members of the Assembly of the Union or by referendum.

Article 115

No procedure of revision may be initiated or pursued when it infringes the unity of the territory and the inviolability of the internationally recognized frontiers.

TITLE VII. MISCELLANEOUS AND TRANSITORY PROVISIONS

Article 116

The international treaties and agreements, the laws, ordinances and regulations currently in force when they are not contrary to this Constitution remain applicable as long as they are not expressly modified or abrogated.

Article 117

This Constitution, adopted by means of referendum, abrogates and replaces the provisions of the Constitution of 23 December 2001, revised, which are contrary to it. It enters into force on the date of the proclamation of the official results. During and until the establishment of the new institutions provided for by this Constitution, the President of the Union and the Governors of the Islands continue their functions.

The President appoints the members of the Government.

In the case of vacancy or permanent impairment of the President or of the Governor in the course of the transitory period, the following is applied: concerning the President of the Union, the provisions of paragraph 2 of Article 58 of this Constitution, and concerning the Governor, paragraph 3 of Article 100.

Article 118

If the President and the Governors while in their functions declare themselves candidates, they must from the publication of the definitive list of candidates take leave of their functions.

To this end, they must present before the Supreme Court a declaration attesting this leave within the seventy-two hours from the publication of the definitive list of candidates.

During this leave, the replacement of the President of the Union is carried out by a Minister that he appoints. That of the Governor of the Island is assured by the Secretary General of the Government.

Article 119

The elections of the new President of the Union and Governors of the Islands will take place on the same date, no later than within the twelve months following the date of Constitution’s entrance into force.

Article 120

The powers of the Assembly of the Union end on the date of expiration of the mandate of the Deputies currently in their functions.

Article 121

With regard to the order in which the rotating Presidency takes place, the first round falls to the Island of Ngazidja.

Article 122

The Institutions of Maoré will be established as soon as the occupation of that Island ends.

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