constituteproject.org • Deputy executive • Head of government removal • Head of government replacement PDF generated: 28 Mar 2017, 17:22 Article 14 In the case of a vacancy or permanent incapacity of the President occurring within nine-hundred days after the beginning of his term and duly declared by the Constitutional Court upon request by the Government, a new President shall be elected. If the vacancy or the permanent incapacity occurs later than nine-hundred days after the start of the term, the Vice President from the island which is next in line for the presidency shall complete the presidential term. In the first case the councilors and mayors of the island concerned convene in Congress within forty-five days and vote, and only the three candidates who have obtained the highest numbers of votes are allowed to stand in the indirect election by the representatives of the assemblies of the islands and the Union convened in Congress. The election takes place with the absolute majority of the members of the Congress. If this majority is not obtained on the first ballot, a second round of voting will be held in which a simple majority of the members present shall suffice for the election. The elected President shall complete the current term. During the period of forty-five days mentioned in the first paragraph of the present Article, the functions of the President shall temporarily be exercised by the Vice President from the island whose turn it is to take over the rotating presidency. He shall not change the Government, nor dissolve the Assembly, nor have recourse to the emergency powers. • Deputy executive • Head of government's role in the legislature • Supermajority required for legislation Article 15 The functions of President of the Union and of Vice President shall be incompatible with the exercise of any other elective mandate, any other political function, any public post, any public or private professional activity and any leadership function in a political party or group. Nevertheless the Vice Presidents of the Union shall be given responsibility for a ministerial department. An Institutional Act shall determine the issues for which the countersignature of the Vice Presidents is needed. The Vice President shall coordinate the action of the different ministerial departments in the island he comes from and monitor the lawfulness of the decisions taken by the executive of that island. Article 16 • Establishment of cabinet/ministers • Cabinet selection • Deputy executive The President of the Union, with the assistance of the three Vice-Presidents, shall appoint the Ministers and other members of the Government whose number shall not exceed ten (10). The Government of the Union shall be composed in a manner which ensures the just and equitable representation of the islands. • Eligibility for cabinet The functions of Minister shall be incompatible with the exercise of any elective national mandate except those conferred by the territorial communities, any function of professional representation, any public post and any professional activity. • Approval of general legislation • Veto override procedure Article 17 The President of the Union shall promulgate Acts of the Union within fifteen days following the final passage of an Act and its transmission to the Government. He may, before the expiry of this time limit, ask the Assembly of the Union, which shall decide by absolute majority, to reopen debate on the Act or any sections thereof. Such reopening of debate shall not be refused. Comoros 2001 (rev. 2009) Page 11

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