constituteproject.org PDF generated: 28 Mar 2017, 17:22 Every citizen may request a ruling a ruling of the Constitutional Court on the constitutionality of statutes, either directly or by way of objecting to the application of an allegedly unconstitutional statute before a court of the Union or of an island in a case involving him. The court shall stay the proceedings until the Constitutional Court has given its ruling, which it shall do within thirty days. • Constitutional court selection • Establishment of constitutional court Article 37 The President of the Union, the Vice Presidents of the Union, the President of the Assembly of the Union, and the heads of the island executives shall each appoint one member to the Constitutional Court. • Establishment of constitutional court Article 38 • Eligibility for const court judges The members of the Constitutional Court shall be persons of great morality and honesty and shall have recognized standing in legal, administrative, economic or social matters. They must be able to point to a professional experience of at least fifteen years. They shall be appointed for a renewable six-year term. • Constitutional court term length The President of the Constitutional Court shall be designated by his peers for a term of six years, renewable once. • Constitutional court removal The members of the Constitutional Court shall be irremovable from office. They may not be prosecuted or arrested without authorization of the Court, except in the case of committing a crime or offense flagrante delicto. • Eligibility for const court judges The functions of a member of the Constitutional Court shall be incompatible with the membership in the institutions of the Union or the islands, as well as with any public employment or professional activity. • Constitutional court removal • Establishment of constitutional court • Supermajority required for legislation • Constitutionality of legislation Article 39 An Institutional Act shall determine the rules governing the organization and the functioning of the Constitutional Court, the procedure to be followed before it, especially the conditions, modalities and time limits for a referral to the Court, as well as the status of and the immunities and disciplinary rules applicable to its members. Article 40 • Constitutionality of legislation A provision which has been declared unconstitutional shall be void and shall cease to apply. The decisions of the Constitutional Court shall not be subject to appeal. They shall be binding on all public authorities and courts in the territory of the Union. TITLE VII: CONSULTATIVE BODIES Article 41 Consultative bodies may be established under the authority of the Presidency of the Union. The consultative bodies, including the Council of Ulemas and the Economic and Social Council, shall assist the Government of the Union and the heads of the island executives in the elaboration of decisions affecting the religious, economic and social life of the country. Comoros 2001 (rev. 2009) Page 17