REPUBLIC OF CHINA (TAIWAN) According to Article 65 of the Constitution, which was promulgated on January 1, 1947 and came into force on December 25 of the same year, members of the legislature, the General Assembly, are elected for terms of three years. Elections must be held within the three months before a term expires. Thus, the greatest possible interval between election and assumption of office is three months. The President and the Vice-President are elected by the legislature for six-year terms. Article 29 of the Constitution specifies that the General Assembly shall meet for the purpose of this election within the 90 days before the incumbents' terms expire. Articles 50 and 51 provide that if a President has not been elected by the expiration date or if he has not assumed office, the Premier can act as President for up to three months. Prepared by Tao-tai Hsia Chief, Far Eastern Law Division COSTA RICA Under Article 133 of the Constitution of Costa Rica, 1/ the election of the President and the Vice President must be conducted the first Sunday of February of the year in which a presidential term begins. Presidential terms last 4 years. 2/ The taking of office of the new elected officials is also determined by the Constitution, which establishes the 8th of May as the date of inauguration. 3/ The interval between election and the taking of office, therefore, is 3 months. The Legislative Assembly must convene on the 1st of May, according to Article 116 of the Constitution. The Electoral Code 5 article 98, provides that the election of the President, Vice President, Deputies of the Legislative Assembly, and municipal officials must be conducted every 4 years on the 1st Sunday of February in the same general electoral process. Prepared by Gisela von-Mühlenbrock Clarke Hispanic Law Division, Library of Congress 1/ La Gaceta October 6, 19 and 20, 1949. 2/ Id. Art. 134. 3/ Id. Art. 136 4/ Id. Art. 107. 5/ Ley No. 1536 La Gaceta January 14, 1953, amended. ECUADOR The Law on Elections, as amended, 1/ provides that the President and the Vice President and all municipal officials must be elected every 5 years in elections to be performed the 1st Sunday of January. The second election of President and Vice President (when an absolute majority has not been obtained by the candidates) must be conducted simultaneously with the election of the members of the National Chamber of Representatives also elected every five years on the 1st Sunday in May. 2/ The National Chamber of Representatives convenes on August 10, according to the Constitution. 3/ There is, therefore, a 3-month interval between the election of the representatives and their taking of office. In regard to the inauguration of office of the President and Vice President, no specific date is established. In any event the President and the Vice President must be sworn into office by the National Chamber of Representatives within the 60 days it is in session. 4/ In conclusion, under Ecuadorian law, the interval between election and taking of office of members of parliament is 3 months. For the office of President and Vice President, the interval will depend on facts such as the 1/ Registro Oficial (R. 0.) of February 27, 1978 and Law No. 84 of February 5, 1982, R. O. February 10, 1982. 2/ Id. art. 45. 3/ Constitution of December 7, 1977, R. O. March 27, 1979 Art. 59. achievement of majority in the first or second election and the date in which both are sworn in by the National Assembly of Representatives, an event which may take place only after the Assembly convenes in August. Prepared by Gisela von-Mühlenbrock Clarke Legal Specialist Hispanic Law Division, Library of Congress FRANCE A. Deputies 1) The interval of time between general elections and the subsequent taking of office is within sixty days before the normal end of the term of five years. 1/ 2) In a case where the National Assembly has been dissolved, general elections must take place within 20-40 days after the decree of dissolution. 2/ B. Senators Senators are elected for nine years and each election replaces a third of their number. The election of senators takes place within sixty days preceeding the beginning of their term of office. 3/ The Senate cannot be dissolved. C. President of the Republic According to Article 6 of the Constitution of the 5th Republic, the President is elected for 7 years by direct, universal suffrage. 4/ According to Article 7, the election of the new President shall take place 1/ Code electoral LO. 112 in Code administratif 718 (Paris, Dalloz, 1979). 2/ Marcel Prélot, Institutions politiques et droit constitutionnel 735 (Paris, Dalloz, 1975). 4/ Constitution et pouvoirs public in Code administratif 2 (Paris, Dalloz, 1979). |