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Back to: Constitutions
Egypt
Chapter one: The State
Art.1*:
The Arab Republic of Egypt is a Socialist Democratic State based on
the alliance of the working forces of the people. The Egyptian
people are part of the Arab Nation and work for the realization of
its comprehensive unity.
Art.2*:
Islam is the Religion of the State. Arabic is its official language,
and the principal source of legislation is Islamic Jurisprudence (Sharia).
Art.3:
Sovereignty is for the people alone who will practise and protect
this sovereignty and safeguard national unity in the manner
specified by the Constitution
Art.4*:
The economic foundation of the Arab Republic of Egypt is the
socialist democratic system based on sufficiency and justice, in a
manner preventing exploitation, narrowing the gap between incomes,
protecting legitimate earnings and guaranteeing justice in the
distribution of public responsibilities and expenditures.
Art.5*:
The political regime of the Arab Republic of Egypt is based upon the
multi-party system within the framework of the basic principles and
components of the Egyptian society stipulated by the Constitution .
Political parties shall be organized by law
Art.6:
Egyptian Nationality is defined by law.
Chapter Two
Part
One: Social and Moral Constituents
Art.7:
Social solidarity is the basis of society .
Art.8:
The State shall guarantee equality of opportunity to all Egyptians.
Art.9:
The family is the basis of the society founded on religion, morality
and patriotism. The State is keen to preserve the genuine character
of the Egyptian family- with all values and traditions represented
by it- while affirming and promoting this character in the interplay
of relations within the Egyptian society.
Art.11:
The State shall guarantee coordination between woman’s duties
towards her family and her work in the society, considering her
equal to man in the political, social, cultural and economic spheres
without detriment to the rules of Islamic jurisprudence (Sharia).
Art.12:
Society shall be committed to safeguarding and protecting morals,
promoting the genuine Egyptian traditions and abiding by the high
standards of religious education, moral and national values, the
historical heritage of the people, scientific facts, socialist
conduct and public manners within the limits of the law. The State
is committed to abiding by these principles and promoting them.
Art.13:
Work is a right, a duty and an honour ensured by the State.
Distinguished workers shall be worthy of the appreciation of the
State and the society. No work shall be imposed on citizens, except
by virtue of the law, for the performance of a public service and in
return for a fair remuneration.
Art.14:
Citizens are entitled to public offices, which are assigned to those
who shall occupy them in the service of people. The State guarantees
the protection of public officers in the performance of their duties
in safeguarding the interests of the people. They may not be
dismissed by other than the disciplinary way except in the cases
specified by the law.
Art.15:
War veterans and those injured during wars or because of them ,
martyrs’ wives and children shall have priority in work
opportunities according to the law.
Art.16:
The State shall guarantee cultural, social and health services and
shall work to ensure them particularly for villagers in an easy and
regular manner in order to raise their standard .
Art.17:
The State shall guarantee social and health insurance services. All
citizens shall have the right to pensions in cases of incapacity,
unemployment, and old-age in accordance with the law.
Art.18:
Education is a right guaranteed by the State. It is obligatory in
the primary stage. The State shall work to extend obligation to
other stages. The State shall supervise all branches of education
and guarantee the independence of universities and scientific
research centers, with a view to linking all this with the
requirements of society and production.
Art.19:
Religious education shall be a principal subject in the courses of
general education.
Art.20:
Education in the State: Educational institutions shall be free of
charge in their various stages.
Art.21:
Combating illiteracy shall be a national duty for which all the
people’s capacity shall be mobilized.
Art.22:
The institution of civil titles shall be prohibited.
Chapter Two
Part
Two: Economic Constituents
Art.23:
The national economy shall be organised in accordance with a
comprehensive development plan which ensures raising the national
income, fair distribution, raising the standard of living, solving
the problem of unemployment, increasing work opportunities,
connecting wages with production, fixing a minimum and maximum limit
for wages in a manner that guarantees lessening the disparities
between incomes
Art.24:
The people shall control all means of production and direct their
surplus in accordance with development plan laid down by the State.
Art.25:
Every citizen shall have a share in the national revenue to be
defined by law in accordance with his work or his unexploiting
ownership.
Art.26:
Workers shall have a share in the management and profits of projects
. They shall be committed to the development of production and the
implementation of the plan in their production units, in accordance
with the law. Protecting the means of production is a national duty
. Workers shall be represented on the boards of directors of the
public sector units by at least 50% of the number of members of
these boards. The law shall guarantee for the small farmers and
small craftsmen 80%of the membership on the boards of directors of
the agricultural and industrial co-operatives.
Art.27:
Beneficiaries shall participate in the management of the services
projects of public interest and their supervision in accordance with
the law.
Art.28:
The State shall look after the co-operative establishments in all
their forms and encourage handicrafts with a view to developing
production and raising income . The State shall endeavour to support
agricultural co-operatives according to modern scientific bases.
Art.29:
Ownership shall be under the supervision of the people and the
protection of the State. There are three kinds of ownership: public
ownership, co-operative ownership and private ownership.
Art.30:
Public ownership is the ownership of the people and it is confirmed
by the continuous support of the public sector. The public sector
shall be the vanguard of progress in all spheres and shall assume
the main responsibility in the development plan.
Art.31:
Co-operative ownership is the ownership of the co-operative
societies. The law shall guarantee its protection and
self-management.
Art.32:
Private ownership shall be represented by the unexploiting capital.
The law shall organize the performance of its social function in the
service of the national economy within the framework of the
development plan, without deviation or exploitation. The ways of its
utilization should not contradict the general welfare of the people.
Art.33:
Public ownership shall have its sanctity. Its protection and support
shall be the duty of every citizen in accordance with the law as it
is considered the mainstay of the strength of the homeland, a basis
for the socialist system and a source of prosperity for the people.
Art.34:
Private ownership shall be safeguarded and may not be placed under
sequestration except in the cases defined by law and in accordance
with a judicial decision . It may not be expropriated except for the
general good and against a fair compensation as defined by law. The
right of inheritance shall be guaranteed in it.
Art.35:
Nationalization shall not be allowed except for considerations of
public interest and in accordance with a law and against a
compensation.
Art.36:
General confiscation of funds shall be prohibited . Private
confiscation shall not be allowed except by a judicial decision.
Art.37:
The law shall fix the maximum limit of land ownership with a view to
protecting the farmer and the agricultural labourer from
exploitation and asserting the authority of the alliance of the
people’s working forces in villages.
Art.38:
The tax system shall be based on social justice
Art.39:
Saving is a national duty protected, encouraged and organized by the
State.
Chapter Three: Public Freedoms, Rights and Duties
Art.40:
All citizens are equal before the law. They have equal public rights
and duties without discrimination due to sex, ethnic origin,
language, religion or creed.
Art.41:
Individual freedom is a natural right not subject to violation
except in cases of flagrante delicto. No person may be arrested,
inspected, detained or have his freedom restricted in any way or be
prevented from free movement except by an order necessitated by
investigations and the preservation of public security. This order
shall be given by the competent judge or the Public Prosecution in
accordance with the provisions of the law.
Art.42:
Any citizen arrested, detained or whose freedom is restricted shall
be treated in a manner concomitant with the preservation of his
dignity. No physical or moral harm is to be inflicted upon him. He
may not be detained or imprisoned except in places defined by laws
organizing prisons. If a confession is proved to have been made by a
person under any of the aforementioned forms of duress or coercion,
it shall be considered invalid and futile.
Art.43:
Any medical or scientific experiment may not be performed on any
person without his free consent.
Art.44:
Homes shall have their sanctity and they may not be entered or
inspected except by a causal judicial warrant as prescribed by the
law.
Art.45:
The law shall protect the inviolability of the private life of
citizens. Correspondence, wires, telephone calls and other means of
communication shall have their own sanctity and their secrecy shall
be guaranteed. They may not be confiscated or monitored except by a
causal judicial warrant and for a definite period and according to
the provisions of the law.
Art.46:
The State shall guarantee the freedom of belief and the freedom of
practising religious rights.
Art.47:
Freedom of opinion shall be guaranteed. Every individual shall have
the right to express his opinion and to publicise it verbally, in
writing, by photography or by other means of expression within the
limits of the law. Self criticism and constructive criticism shall
guarantee the safety of the national structure.
Art.48:
Liberty of the press, printing, publication and mass media shall be
guaranteed . Censorship on newspapers shall be forbidden as well as
notifying, suspending or cancelling them by administrative methods.
In a state of emergency or in time of war, a limited censorship
maybe imposed on the newspapers, publications and mass media in
matters related to public safety or for purposes of national
security in accordance with the law.
Art.49:
The State shall guarantee for citizens the freedom of scientific
research and literary, artistic and cultural creativity and provide
the necessary means for encouraging their realization.
Art.50:
No citizen shall be prohibited form residing in any place or be
forced to reside in a particular place except in cases defined by
law.
Art.51:
No citizen may be deported from the country or prevented from
returning to it.
Art.52:
Citizens shall have the right to permanent or temporary emigration
The law shall regulate this right and the measures and conditions of
emigration.
Art.53:
The right to political asylum shall be granted by the State to every
foreigner persecuted for defending the people’s interests, human
rights, peace or justice . The extradition of political refugees
shall be prohibited.
Art.54:
Citizens shall have the right to peaceful and unarmed private
assembly, without the need for prior notice. Such private meetings
should not be attended by security men. Public meetings, processions
and gatherings shall be allowed within the limits of the law.
Art.55:
Citizens shall have the right to form societies as defined by law.
The establishment of societies whose activities are hostile to the
social system, clandestine or have a military character shall be
prohibited.
Art.56:
The creation of syndicates and unions on democratic basis shall be
guaranteed by law and shall have a legal person. The law regulates
the participation of syndicates and unions in carrying out the
social plans, and programmes raising the standard of efficiency,
consolidating socialist behaviour among their members, and
safeguarding their funds. They are responsible for questioning their
members about their behaviour in exercising their activities
according to certain codes of morals, and for defending the rights
and liberties of their members as defined by law.
Art.57:
Any assault on individual freedom or on the inviolability of the
private life of citizens and any other public rights and liberties
guaranteed by the Constitution and the law shall be considered a
crime, whose criminal and civil lawsuit is not liable to
prescription. The State shall grant a fair compensation to the
victim of such an assault.
Art.58:
Defence of the motherland is a sacred duty and conscription shall be
obligatory in accordance with the law.
Art.59:
Safeguarding, consolidating and preserving the socialist gains shall
be a national duty.
Art.60:
Safeguarding national unity and keeping State secrets shall be the
duty of every citizen.
Art.61:
Payment of taxes and public imposts is a duty as defined by law.
Art.62:
Citizen shall have the right to vote, nominate and express their
opinions in referenda according to the provisions of the law. Their
participation in public life is a national duty.
Art.63:
Every individual shall have the right to address public authorities
in writing and with his own signature. Addressing public authorities
should not be in the name of groups with the exception of
disciplinary organs and legal person.
Chapter Four: Sovereignty of the Law
Art.64:
The Sovereignty of the law is the basis of State rule.
Art.65:
The State shall be subject to law. The independence and immunity of
the judicature are two basic guarantees to safeguard rights and
liberties.
Art.66:
Penalty shall be personal. There shall be no crime or penalty except
by virtue of the law. No penalty shall be inflicted except by a
judicial sentence. Penalty shall be inflicted only for acts
committed subsequent to the promulgation of the law prescribing
them.
Art.67:
Any defendant is innocent until he is proved guilty before a legal
court, in which he is granted the right to defend himself . Every
person accused of a crime must be provided with counsel for his
defence.
Art.68:
The right to litigation is inalienable for all, and every citizen
has the right to refer to his competent judge. The State shall
guarantee the accessibility of the judicature organs to litigants,
and the rapidity of statuting on cases. Any provision in the law
stipulating the immunity of any act or administrative decision from
the control of the judicature shall be prohibited.
Art.69:
The right of defence in person or by power of attorney shall be
guaranteed. The law shall grant the financially incapable citizens
the means to resort to justice and defend their rights.
Art.70:
No penal lawsuit shall be sued except by an order from a judicature
organ with the exception of cases defined by law.
Art.71:
Any person arrested or detained shall be informed forthwith of the
reasons for his arrest or his detention. He shall have the right to
communicate with whoever he sees fit and inform them of what has
taken place and to ask for help in the way organized by law. He must
be notified, as soon as possible, with the charges directed against
him. Any person may lodge a complaint to the courts against any
measure taken to restrict his personal freedom. The Law shall
regulate the right of complaint in a manner ensuring a decision
regarding it within a definite period or else release shall be
imperative.
Art.72:
Sentences shall be passed and executed in the name of the people.
Likewise refraining from executing sentences or obstructing them on
the part of the concerned civil servants shall be considered a crime
punishable by law. In this case, those whom the sentence is in
favour of , shall have the right to sue a direct penal lawsuit
before the competent court.
Chapter Five
Part
One: The Head of the State
Art.73:
The Head of the State is the President of the Republic . He shall
assert the sovereignty of the people, respect for the Constitution
and the supermacy of the law. He shall safeguard national unity and
the socialist gains and maintain the limits between authorities in a
manner to ensure that each shall perform its role in the national
action.
Art.74:
If any danger threatens the national unity or the safety of the
motherland or obstructs the constitutional role of the State
institutions, the President of the Republic shall take urgent
measures to face this danger, direct a statement to the people and
conduct a referendum on those measures within sixty days of their
adoption.
Art.75:
The President of the Republic should be an Egyptian born to Egyptian
parents and enjoy civil and political rights. His age must not be
less than 40 Gregorian years.
Art.76:
The People’s Assembly shall nominate the President of the Republic .
The nomination shall be referred to the people for a plebiscite. The
nomination for the President of the Republic shall be made in the
People’ Assembly upon the proposal of at least one third of its
members. The candidate who obtains two thirds of the votes of the
members of the People’s Assembly shall be referred to the people for
a plebiscite . If he does not obtain the said majority the
nomination process shall be repeated two days after the first vote.
The candidate obtaining an absolute majority of the votes of the
Assembly members shall be referred to the citizens for a plebiscite.
The candidate shall be considered President of the Republic when he
obtains an absolute majority of votes cast in the plebiscite. If the
candidate does not obtain this majority, the Assembly shall propose
the nomination of another candidate and the same procedure shall
follow concerning his candidature and election.
Art.77**:
The term of the presidency shall be six Gregorian years starting
from the date of the announcement of result of the plebiscite. The
President of the Republic may be re-elected for other successive
terms.
Art.78:
The procedures for the choice of a new President of the Republic
shall begin sixty days before the expiration of the term of the
President in office. The new President shall be selected at least
one week before the expiration of the term. Should this term expire
without the choice of a new President for whatever reason, the
former President shall continue to exercise his functions until his
successor is elected.
Art.79:
Before exercising his functions, the President shall take the
following oath before the People’s Assembly: "I swear by Almighty
God to uphold the Republican system with loyalty, to respect the
Constitution and the law, and to look after the interests of the
people fully and to safeguard the independence and territorial
integrity of the motherland".
Art.80:
The salary of the President of the Republic shall be fixed by law.
Any amendment in the salary shall not be applicable during the
presidential term in which such an amendment is decided upon . The
President of the Republic may not receive any other salary or
remunerations.
Art.81:
During his term of office the President of the Republic may not
exercise any free profession or undertake any commercial, financial
or industrial activity. Nor may he acquire or take or lease any
state property, sell to or exchange with the State any property of
his whatsoever.
Art.82:
In case the President of the Republic , due to any temporary
obstacle, is unable to carry out his functions, he shall delegate
his powers to a Vice-President.
Art.83:
In case of resignation, the President of the Republic shall address
his letter of resignation to the People’s Assembly.
Art.84:
In case of the vacancy of the Presidential office or the permanent
disability of the President of the Republic, the Speaker of the
People’s Assembly shall temporarily assume the Presidency. In case
the People’s Assembly is dissolved at such a time the President of
the Supreme Constitutional Court shall take over the Presidency on
condition that neither one shall nominate himself for the
Presidency. The People’s Assembly shall then proclaim the vacancy of
the office of President . The President of the Republic shall be
chosen within a maximum period of sixty days form the date of the
vacancy of the Presidential office.
Art.85:
Any charge against the President of high treason or of committing a
criminal act shall be made upon a proposal by at least one third of
the members of the People’s Assembly . No impeachment shall be
issued except upon the approval of a majority of two-thirds of the
Assembly members. The President of the Republic shall be suspended
form the exercise of his duties as from the issuance of the
impeachment . The Vice-President shall take over the Presidency
temporarily until the decision concerning the impeachment is taken.
The President of the Republic shall be tried by a special Tribunal
set up by law. The law shall also organize the trial procedures and
define the penalty. In case he is found guilty, he shall be relieved
of his post without prejudice to other penalties.
Part Two: The People's Assembly
Art.86:
The People’s Assembly shall exercise the legislative power, approve
the general policy of the State, the general plan of economic and
social development and the general budget of the State. It shall
exercise control over the work of the executive authority in the
manner prescribed by the Constitution.
Art.87:
The law shall determine the constituencies into which the State
shall be divided. The number of the elected members of the People’s
Assembly must be at least 350 members of whom one half at least must
be workers and farmers elected by direct secret pubic balloting. The
Law shall determine the definition of the worker and the farmer. The
President of the Republic may appoint a number of members not
exceeding ten.
Art.88:
The Law shall determine the conditions which members of the Assembly
must fulfil as well as the rules of election and referendum, while
the ballot shall be conducted under the supervision of the members
of a judiciary organ.
Art.89:
Employees of the State and the public sector may nominate themselves
for membership in the People’s Assembly with the exception of cases
determined by law. The member of the People’s Assembly shall devote
himself entirely to his duties, while his former work or post shall
be preserved for him as determined by law.
Art.90:
Before exercising his duties, the member of the People’s Assembly
shall take the following oath before the Assembly: " I swear by God
Almighty that I shall sincerely safeguard the safety of the nation,
the republican regime, attend to the interests of the people and
shall respect the Constitution and the law".
Art.91:
The members of the People’s Assembly shall receive a remuneration
determined by law.
Art.92:
The duration of the People’s Assembly term shall be five Gergorian
years starting from the date of its first meeting. Elections for the
renewal of the Assembly shall take place within the sixty days
preceding the termination of its term.
Art.93:
The People’s Assembly shall be competent to decide upon the validity
of the membership of its members. The Court of Cassation shall be
competent to investigate the validity of contestations on membership
presented to the Assembly after referring them to the Court by the
Speaker of the Assembly. The contestation shall be referred to the
Court of Cassation within fifteen days as from the date on which the
Assembly has been informed thereof while the investigation shall be
completed within ninety days from the date on which the contestation
is referred to the Court of Cassation. The result of the
investigation and the decision reached by the Court shall be
submitted to the Assembly to decide upon the validity of the
contestation within sixty days from the date of submission of the
result of the investigation to the Assembly. Memberships shall not
be deemed invalid expect by a decision taken by a majority of
two-thirds of the Assembly members.
Art.94:
If the seat of a member becomes vacant before the end of his term, a
successor shall be elected or appointed to it, within sixty days
from the date of the communication to the Assembly of the occurrence
of the vacancy . The term of the new member shall extend until the
end of the term of his predecessor.
Art.95:
No member of the People’s Assembly shall, during his term, purchase
or rent any state property or sell or lease to the state or barter
with it regarding any part of his property, or conclude a contract
with the State in his capacity as entrepreneur, importer or
contractor.
Art.96:
No membership in the People’s Assembly shall be revoked except on
the grounds of loss of confidence or status or loss of one of the
conditions of membership or the loss of the member’s status as
worker or farmer upon which he was elected or the violation of his
obligations as a member. The membership shall be deemed invalid on
the grounds of a decision taken by two-thirds of the Assembly
members.
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Art.97:
The People’s Assembly alone may accept the resignation of its
members.
Art.98:
Members of the People’s Assembly shall not be censured for any
opinions or thoughts expressed by them in the performance of their
tasks in the Assembly or its committees.
Art.99:
Except in cases of flagrante delicto, no member of the People’s
Assembly shall be subject to a criminal prosecution without the
permission of the Assembly. If the Assembly is not in session , the
permission of the Speaker of the Assembly must be taken. The
Assembly must be notified of the measures taken in its first
subsequent session.
Art.100:
The seat of the People’s Assembly shall be Cairo. However, the
Assembly may, under exceptional circumstances, meet in another city
at the request of the President of the Republic or the majority of
the Assembly members. Any meeting of the Assembly in other than its
designated seat is illegal and the resolutions passed in it shall be
considered invalid.
Art.101:
The President of the Republic shall convoke the People’s Assembly
for its ordinary annual session before the second Thursday of
November . If it is not convoked, the Assembly shall meet by force
of the Constitution on the said date. The session of the ordinary
meeting shall continue for at least seven months. The President of
the Republic shall declare the ordinary session closed . This may
not take place until the general budget of the state is approved.
Art.102:
The President of the Republic may call the People’s Assembly to an
extraordinary session, in case of necessity, or upon request signed
by a majority of the Assembly members. The President of the Republic
shall announce the dismissal of the extraordinary session.
Art.103:
The People’s Assembly shall elect, in the first meeting of its
ordinary annual session, a Speaker and two Deputy - Speakers for the
term of the session. If the seat of anyone of them is vacated, the
Assembly shall elect a replacement, whose term will last until the
end of his predecessor’s term.
Art.104:
The People’s Assembly shall lay down its own rules of procedure
organizing the manner in which it fulfills its tasks.
Art.105:
The People’s Assembly alone shall be entitled to preserve order
inside it. The Speaker of the Assembly shall be entrusted with this
task.
Art.106:
The meeting of the People’s Assembly shall be public. However, a
meeting in camera may be held at the request of the President of the
Republic, or the Government, or the Prime Minister or of at least
twenty of its members. The Assembly shall then decide whether the
debate on the question submitted to it shall take place in a public
meeting or in a meeting in camera.
Art.107:
The meeting of the Assembly shall be considered invalid unless the
majority of its members are present. The Assembly shall adopt its
resolutions by an absolute majority of its attending members, in
cases other than those for which a specific majority is required. A
separate vote will be taken on each article of the draft laws. In
case of a tie vote, the question on which the debate has taken place
shall be rejected.
Art.108:
The President of the Republic shall have the right, in case of
necessity or in exceptional cases and on the authorization of the
People’s Assembly, to issue resolutions having the force of law.
Such authorization must be for a limited period of time and must
point out the subjects of such resolutions and the grounds upon
which they are based . The resolutions must be submitted to the
People’s Assembly at its first meeting after the end of the
authorization period. If they are not submitted or if they are
submitted and not approved by the Assembly , they shall cease to
have the force of law.
Art.109:
The President of the Republic and every member of the People’s
Assembly shall have the right to propose laws.
Art.110:
Every draft law shall be referred to one of the committees of the
Assembly which will study it and submit a report concerning it.
Draft laws presented by members of the People’s Assembly shall not
be referred to these committees unless they are first referred to a
special committee which will study them and give an opinion on the
suitability of their consideration by the Assembly and after the
Assembly decides to consider them.
Art.111:
Every draft law proposed by a member and rejected by the Assembly
cannot be presented again in the course of the same session.
Art.112:
The President of the Republic shall have the right to promulgate
laws or object to them.
Art.113:
If the President of the Republic objects to a draft law ratified by
the People’s Assembly, he shall refer it back to the Assembly within
thirty days from the Assembly’s communication of it. If the draft
law is not referred back within this period. It is considered a law
and shall be promulgated. If it is referred back to the Assembly on
the said date and approved once again by a majority of two-thirds of
the members, it shall be considered a law and shall be promulgated.
Art.114:
The People’s Assembly shall approve the general plan for economic
and social development. The manner of the preparation of the plan
and of its submission to the People’s Assembly shall be determined
by law.
Art.115:
The draft general budget of the State shall be submitted to the
Assembly at least two months before the beginning of the fiscal
year. It shall not be considered in effect unless it is approved by
the Assembly. Each chapter of the draft budget shall be voted upon
separately and shall be promulgated by law. The People’s Assembly
shall not make modifications in the draft budget except with the
approval of the government. In case the ratification of the new
budget does not take place before the beginning of the new fiscal
year, the old budget shall be acted on pending such ratification.
The law shall determine the manner of preparing the budget and
determine the fiscal year.
Art.116:
The approval of the People’s Assembly shall be considered necessary
for the transfer of any funds from one title of the budget to
another, as well as for any expenditure not included in it or in
excess of its estimates. These shall be issued by law.
Art.117:
The law shall determine the provisions regulating the budgets and
accounts of public organizations and institutions.
Art.118:
The final account of the State budget shall be submitted to the
People’s Assembly within a period not exceeding one year from the
date of the expiration of the fiscal year. Each title shall be voted
upon separately and issued by a law. The annual report of the
Central Agency for Accounting and its observations must be submitted
to the People’s Assembly. The Assembly has the right to demand from
the Central Agency for Accounting any data or other pertinent
reports.
Art.119:
The imposition, modification or abolition of general taxes cannot be
effected except in the cases decreed by law. No one may be exempted
from their payment except in the cases specified by law.No one may
be asked to pay additional taxes or imposts except in the cases
specified by law.
Art.120:
The basic rules for collection of public funds and the procedure for
their disbursement shall be regulated by law.
Art.121:
The Executive Authority shall not contract a loan, or bind itself to
a project entailing expenditure of public funds from the State
Treasury in the course of a subsequent period, except with the
approval of the People’s Assembly.
Art.122:
The rules governing the granting of salaries, pensions, indemnities,
subsidies and bonuses from the State treasury, as well as the cases
excepted from these rules and the authorities charged with their
application, shall be determined by law.
Art.123:
The law shall determine the rules and procedures for granting
concessions related to the investment of natural resources and
public utilities. It shall also define cases where it is permitted
to dispose free of charge, of real estate property belonging to the
State and the ceding of its movable property and the rules and
regulations organizing such procedures.
Art.124:
Every member of the People’s Assembly shall be entitled to address
questions to the Prime Minister or to any of his deputies or the
Ministers or their deputies concerning matters within their
jurisdiction. The Prime Minister, his deputies, the Ministers and
the persons they delegate on their behalf shall answer the questions
put to them by members. The member may withdraw his question at any
time; this same question may not be transformed into an
interpellation in the same session.
Art.125:
Every member of the People’s Assembly shall be entitled to address
interpellations to the Prime Minster or his deputies or the
Ministers and their deputies concerning matters within their
jurisdiction. Debate on an interpellation shall take place at least
seven days after its submission, except in the cases of urgency as
decided by the Assembly and with the Government’s consent.
Art.126:
The Minister shall be responsible for the general policy of the
State before the People’s Assembly. Each minister shall be
responsible for the affairs of his ministry. The People’s Assembly
may decide to withdraw its confidence from any of the Prime
Minister’s deputies or from any of the Ministers or their deputies.
A motion of no confidence should not be submitted except after an
interpellation, and upon a motion proposed by one tenth the members
of the Assembly. The Assembly shall not decide on such a motion
until after at least three days from the date of its presentation.
Withdrawal of confidence shall be pronounced by the majority of the
members of the Assembly.
Art.127:
The People’s Assembly shall determine the responsibility of the
Prime Minister, on a proposal by one-tenth of its members. Such a
decision should be taken by the majority of the members of the
Assembly. It may not be taken except after an interpellation
addressed to the Government and after at least three days from the
date of its presentation. In the event that such responsibility is
determined, the Assembly shall submit a report to the President of
the Republic including the elements of the subject, the conclusions
reached on the matter and the reasons behind them. The President of
the Republic may return such a report to the Assembly within ten
days. If the Assembly ratifies it once again, the President of the
Republic may put the subject of discord to a referendum. Such a
referendum shall be held within thirty days from the date of the
last ratification of the Assembly. In such a case the Assembly
sessions shall be terminated. If the result of the referendum is in
support of the Government, the Assembly shall be considered
dissolved, otherwise, the President of the Republic shall accept the
resignation of the Cabinet.
Art.128:
If the Assembly withdraws its confidence from any of the Prime
Minister’s deputies or the Ministers or their deputies, he shall
resign his office. The Prime Minister shall submit his resignation
to the President of the Republic if he is found responsible before
the People’s Assembly.
Art.129:
Any twenty members at least, of the People’s Assembly may ask for
the discussion of a public question to ascertain the Government’s
policy regarding such a question.
Art.130:
The members of the People’s Assembly shall be entitled to express
their opinions concerning public questions before the Prime Minister
or any of his deputies or of the Ministers.
Art.131:
The People’s Assembly may form an ad hoc Committee or entrust any of
its committees with the inspection of the activities of any of the
administrative departments or the general establishments or any
executive or administrative organ or any of the public projects, for
the purpose of fact - finding and informing the Assembly as to the
actual financial, or administrative or economic situation thereof,
or for conducting investigations into a subject related to one of
the said activities. In the course of its work, such a committee
shall be entitled to collect whatever evidence it deems necessary
and to subpoena all those it needs. All executive and administrative
bodies shall answer the demands of the committee and put under its
disposal all the documents and evidence it demands for this purpose.
Art.132:
At the inaugural meeting of the ordinary session of the People’s
Assembly, the President of the Republic shall deliver a statement of
the general policy of the State. He may also make other statements
before the Assembly. The Assembly is entitled to discuss the
statement of the President of the Republic.
Art.133:
After the formation of the Cabinet and at the inaugural meeting of
the ordinary session of the People’s Assembly, the Prime Minister
shall submit the programme of his Government. The People’s Assembly
is entitled to discuss such a programme.
Art.134:
The Prime Minister, his deputies, the Ministers and their deputies
may become members of the People’s Assembly. Those of them who are
not members may attend the sessions and committee meetings of the
Assembly.
Art.135:
The Prime Minister and the Ministers shall have the right to be
heard in the Assembly sessions and committee meetings whenever they
ask for the floor. They may ask for the assistance of the
highranking officials of their choice. When taking votes a minister
shall have no counted vote unless he is a member.
Art.136:
The President of the Republic shall not dissolve the People’s
Assembly unless it is necessary and after a referendum of the
People. In such a case, the President of the Republic shall issue a
decision terminating the sessions of the Assembly and conducting a
referendum within thirty days. If the total majority of the voters
approve the dissolution of the Assembly, the President of the
Republic shall issue the decision of dissolution. The decision
dissolving the Assembly shall comprise an invitation to the electors
to conduct new elections for the People’s Assembly within a period
not exceeding sixty days from the date of the declaration of the
referendum results. The new Assembly shall convene during a period
of ten days following the completion of elections.
Part Three: The Executive Authority
First Branch: The President of the Republic
Art.137:
The President of the Republic shall assume executive power and shall
exercise it in the manner stipulated in the Constitution.
Art.138:
The President of the Republic, in conjunction with the cabinet,
shall lay down the general policy of the state and shall supervise
its implementation in the manner prescribed in the Constitution.
Art.139:
The President of the Republic may appoint one or more
Vice-Presidents define their jurisdiction and relieve them of their
posts. The rules relating to the calling to account of the President
of the Republic shall be applicable to the Vice-Presidents.
Art.140:
Before exercising his functions the Vice-President of the Republic
shall take the following oath before the President of the Republic :
" I swear by Almighty God to uphold the Republican system with
loyalty to respect the Constitution and the Law, to look after the
interests of the People in full and to safeguard the independence
and territorial integrity of the motherland."
Art.141:
The President of the Republic shall appoint the Prime Minister, his
deputies, the Ministers and their deputies and relieve them of their
posts.
Art.142:
The President of the Republic shall have the right to convoke the
Cabinet and to attend its meetings. He shall also preside over the
meetings he attends and is entitled to demand reports from the
Ministers.
Art.143:
The President of the Republic shall appoint the civil and military
officials, and the diplomatic representatives and dismiss them in
the manner prescribed by the law. He shall also accredit the
diplomatic representatives of foreign states.
Art.144:
The President of the Republic shall issue the necessary regulations
for the implementation of the laws in the manner that would not
modify, delay, or exempt them from execution. He shall have the
right to vest others with authority to issue them. The law may
determine whoever issues the decision requisite for its
implementation.
Art.145:
The President of the Republic shall issue control regulations.
Art.146:
The President of the Republic shall issue the decisions necessary
for establishing and organizing public services and administrations.
Art.147:
In case it becomes necessary during the absence of the People’s
Assembly, to take measures which cannot suffer delay, the President
of the Republic shall issue decisions in this respect which have the
force of law. Such decisions must be submitted to the People’s
Assembly, within fifteen days from the date of issuance if the
Assembly is standing or at its first meeting in case of the
dissolution or recess of the Assembly. If they are not submitted,
their force of law disappears with retroactive effect without having
to take a decision to this effect. If they are submitted to the
Assembly and are not ratified, their force of law disappears with
retroactive effect, unless the Assembly has ratified their validity
in the previous period or settled their effects in another way.
Art.148:
The President of the Republic shall proclaim a state of emergency in
the manner prescribed by the law. Such proclamation must be
submitted to the People’s Assembly within the subsequent fifteen
days to take a decision upon it. In case the People’s Assembly, is
dissolved the matter shall be submitted to the new Assembly at its
first meeting. The state of emergency in all cases, shall be for a
limited period, which may not be extended unless by approval of the
Assembly.
Art.149:
The President of the Republic shall have the right of granting
amnesty or commuting a sentence. General Amnesty can only be granted
by virtue of a law.
Art.150:
The President of the Republic shall be Supreme Commander of the
Armed Forces. He shall have the authority to declare war after the
approval of the People’s Assembly.
Art.151:
The President of the Republic shall conclude treaties and
communicate them to the People’s Assembly, accompanied with suitable
clarifications. They shall have the force of law after their
conclusion, ratification and publication according to the
established procedure. However, peace treaties, alliance pacts,
commercial and maritime treaties and all other treaties involving
modifications in the territory of the State or having connection
with the rights of sovereignty, or which lay upon the treasury of
the State certain charges not included in the budget, must acquire
the approval of the People’s Assembly.
Art.152:
The President of the Republic may call a referendum of the People on
important matters related to the supreme interests of the country.
Second Branch: The Government
Art.153:
The Government shall be the supreme executive and administrative
organ of the State. It shall be composed of the Prime Minister, his
Deputies, the Ministers and their Deputies. The Prime Minister shall
supervise the work of the Government.
Art.154:
Whoever is appointed Minister or Deputy Minister must be an
Egyptian, no less than 35 Gregorian years of age, and enjoying full
civil and political rights.
Art.155:
Before exercising their functions, the members of the cabinet shall
take the following oath before the President of the Republic: " I
swear by Almighty God to uphold the Republican system with loyalty,
to respect the Constitution and the law to look after the interests
of the People in full and to safeguard the independence and
territorial integrity of the motherland."
Art.156:
The Cabinet shall exercise in particular the following functions:
a. Laying down the general policy of the State in collaboration with
the President of the Republic and controlling its implementation in
accordance with the laws and republican decrees.
b. Directing, co-ordinating and following up the work of the
ministries and their different administrations as well as public
organizations and institutions.
c. Issuing administrative and executive decisions in accordance with
the laws and decrees and supervising their implementation.
d. Preparing draft laws and decrees.
e. Preparing the draft of the general budget of the State.
f. Preparing the draft of the State’s overall plan.
g. Contracting and granting loans in accordance with the rules of
the Constitution.
h. Supervising the implementation of law, maintaining State security
and protecting the rights of the citizens and the interests of the
State.
Art.157:
The Minister shall be the administrative supreme chief of his
ministry. He shall undertake the laying down of the Ministry’s
policy within the limits of the State’s General Policy and shall
undertake its implementation .
Art.158:
During the term of his office, the Minister shall not practise any
free profession, a commercial, or financial or industrial
occupation, buy or rent any State property or lease or sell to or
barter with the State any of his own property.
Art.159:
The President of the Republic and the People’s Assembly shall have
the right to bring a Minister to trial for crimes committed by him
in the performance of his duties or due to them . The decision of
the People’s Assembly to charge a Minister shall be adopted upon a
proposal submitted by at least one-fifth of its members . No
indictment shall be issued except by a majority of two-thirds of the
members of the Assembly.
Art.160:
Any minister indicted shall be suspended from his duties until his
case is decided . The termination of his services shall not prevent
legal action being taken or pursued against him . The trial of
minister, the procedures and guarantees of the trial, and the
indictment shall be in accordance with the manner prescribed by the
law . These rules shall be applicable to Deputy Ministers.
Third Branch: The Local Administration
Art.161:
The Arab Republic of Egypt shall be divided into administrative
units, enjoying legal person among which shall be governorates,
cities and villages. Other administrative units may be established
having legal person when required by common interest.
Art.162:
Local People’s Councils shall be gradually formed, on the level of
administrative units by direct election half the members of whom
must be farmers or workers. The law shall provide for the gradual
transfer of authority to the local People’s Councils . Presidents
and Vice-Presidents of the Councils shall be elected from among
their members.
Art.163:
The law shall determine the way of forming the local People’s
Councils, their competences, their financial resources, the
guarantees for their members their relation to the People’s Assembly
and to the Government as well as their role in preparing and
implementing the development plan in controlling various activities.
Fourth Branch: National Specialized Councils
Art.164:
National Specialized Councils shall be established on a national
level, to assist in planning the general policy of the State in all
the domains of national activities. These Councils shall be under
the President of the Republic. The formation and functions of each
council shall be defined by a presidential decree.
Part Four: The Judiciary Authority
Art.165:
The Judiciary Authority shall be independent. It shall be exercised
by courts of justice of different sorts and competences. They shall
issue their judgments in accordance with the law.
Art.166:
Judges shall be independent, subject to no other authority but the
law. No authority may intervene in judiciary cases or in the affairs
of justice.
Art.167:
The law shall determine the judiciary organization and their
competences, and shall organize the way of their formation and
prescribe the conditions and measures for the appointment and
transfer of their members.
Art.168:
The status of judges shall be irrevocable. The law shall regulate
the disciplinary actions with regard to them.
Art.169:
The sessions of courts shall be public, unless a court decides to
hold them in camera for considerations of public order or morality.
In all cases, judgments shall be pronounced in public sessions.
Art.170:
The people shall contribute to maintaining justice in accordance
with the manner and within the limits prescribed by law.
Art.171:
The law shall regulate the organization of the State Security Courts
and shall prescribe their competences and the conditions to be
fulfilled by those who occupy the office of judge in them.
Art.172:
The State Council shall be an independent judiciary organization
competent to take decisions in administrative disputes and
disciplinary cases. The law shall determine its other competences.
Art.173:
A Supreme Council, presided over by the President of the Republic
shall supervise the affairs of the judiciary organizations. The law
shall prescribe its formation, it competences and its rules of
action. It shall be consulted with regard to the draft laws
organizing the affairs of the judiciary organizations.
Part Five: The Supreme Constitutional Court
Art.174:
The Supreme Constitutional Court shall be an independent judiciary
body in the Arab Republic of Egypt, and having its seat in Cairo.
Art.175:
The Supreme Constitutional Court alone shall undertake the judicial
control in respect of the constitutionality of the laws and
regulations and shall undertake the interpretation of the
legislative texts in the manner prescribed by law . The law shall
prescribe the other competences of the court, and regulate the
procedures to be followed before it.
Art.176:
The law shall organize the way of formation of the Supreme
Constitutional Court, and prescribe the conditions to be fulfilled
by its members, their rights and immunities.
Art.177:
The status of the members of the Supreme Constitutional Court shall
be irrevocable . The Court shall call to account its members, in the
manner prescribed by law.
Art.178:
The judgments issued by the Supreme Constitutional Court in
constitutional cases, and its decisions concerning the
interpretation of legislative texts shall be published in the
Official Gazette. The law shall organize the effects subsequent to a
decision concerning the unconstitutionality of a legislative text.
Part Six: The Socialist Public Prosecutor
Art.179:
The Socialist Public Prosecutor shall be responsible for taking the
measures which secure the people’s rights, the safety of the society
and its political regime, the preservation of the socialist
achievements and commitment to socialist behaviour. The law shall
prescribe his other competences. He shall be subject to the control
of the People’s Assembly in accordance with what is prescribed by
law.
Part Seven: The Armed Forces and The National Defence Council
Art.180:
The State alone shall establish the Armed Forces, which shall belong
to the people. Their task shall be to protect the country, safeguard
its territory and security, and protect the socialist achievements
of popular struggle. No organization or group may establish military
or semimilitary formations. The law shall prescribe the conditions
of service and promotion for the armed forces.
Art.181:
General mobilization shall be organized in accordance with the law.
Art.182:
A Council named " The National Defense Council " shall be
established and presided over by the President of the Republic. It
shall undertake the examination of matters pertaining to the methods
ensuring the safety and security of the country. The law shall
establish its other competences.
Art.183:
The law shall organize military judicature, prescribe its
competences within the limits of the principles prescribed by the
Constitution.
Part Eight: The Police
Art.184:
Police authority shall be a civil disciplinary body. Its Supreme
Chief shall be the President of the Republic . Police Authority
shall perform its duty in the service of the people maintain peace
and security for the citizens, preserve order, public security and
morality, and undertake the implementation of the duties imposed
upon it by laws and regulations, in the manner prescribed by the
law.
Chapter Six: General and Transitional Provisions
Art.185:
The city of Cairo shall be the capital of the Arab Republic of
Egypt.
Art.186:
The law shall prescribe the Egyptian flag and the provisions
relating thereto, as well as the state emblem and the provisions
relating thereto.
Art.187:
Provisions of the laws shall apply only from the date of their entry
into force and shall have no retroactive effect. However, provisions
to the contrary may be made, in other than criminal matters, with
the approval of the majority of the members of the People’s
Assembly.
Art.188:
All laws shall be published in the Official Gazette within two weeks
from the date of their issuance. They shall be put into force a
month after the date following their publication unless another date
is fixed for that.
Art.189:
The President of the Republic as well as the People’s Assembly may
request the amendment of one or more of the articles of the
Constitution. The articles to be amended and the reasons justifying
such amendments shall be mentioned in the request for amendment . If
the request emanates from the People’s Assembly, it should be signed
by at least one third of the Assembly members . In all cases, the
Assembly shall discuss the amendment in principle, and the decision
in this respect shall be taken by the majority of its members. If
the request is rejected, the amendment of the same particular
articles may not be requested again before the expiration of one
year from the date of such rejection. If the People’s Assembly
approves an amendment, in principle, the articles requested to be
amended shall be discussed two months after the date of the said
approval. If the amendment is approved by two thirds of the members
of the Assembly, it shall be referred to the people for a
plebiscite. If it is approved by the people it shall be considered
in force from the date of the announcement of the result of the
plebiscite.
Art.190:
The term of the present President of the Republic shall be
terminated at the end of six years from the date of announcing his
election as President of the Arab Republic of Egypt.
Art.191:
All the provisions of the laws and regulations prior to the
proclamation of this Constitution shall remain valid and in force.
However, they may be repealed or amended in conformity with the
rules and procedures stipulated in this Constitution.
Art.192:
The Supreme Court shall exercise its competences prescribed in the
law establishing it, until the Supreme Constitutional Court is
formed.
Art.193:
This Constitution shall be in force as from the date of announcing
the approval of the people in this respect in the referendum.
Chapter Seven
Part
One: The Shoura Assembly
Art.194:
The Shoura Assembly is concerned with the study and proposal of what
it deems necessary to preserve the principles of the July 23,1952
Revolution and the May 15, 1971 Revolution, to consolidate national
unity and social peace, to protect the alliance of the working
forces of the people and the socialist gains as well as the basic
constituents of society, its supreme values, its rights and
liberties and its public duties, and to deepen the democratic
socialist system and widen its scope.
Art.195:
The Shoura Assembly shall be consulted in the following:
Proposals for the amendment of one or more articles of the
Constitution. Draft laws complementary to the Constitution. Draft of
the general plan for social and economic development. Peace
treaties, alliances and all treaties affecting the territorial
integrity of the State or those concerning sovereignty rights. Draft
laws referred to the Assembly by the President of the Republic.
Whatever matters referred to the Assembly by the President of the
Republic relative to the general policy of the State or its policy
regarding Arab or foreign affairs. The Assembly shall submit to the
President of the Republic and the People's Assembly its opinion on
such matters.
Art.196:
The Shoura Assembly shall be composed of a number of members defined
by the law, not less than 132 members . Two thirds of the members
shall be elected by direct secret public balloting, half of whom at
least must be workers and farmers . The President of the Republic
shall appoint the other third.
Art.197:
The law shall determine the electoral constituencies of the Shoura
Assembly the number of members in every constituency, and the
necessary conditions that should be fulfilled by the elected or
appointed members of the Shoura Assembly.
Art.198:
The term of the membership of the Shoura Assembly is six years. The
election and the appointment of 50% of the total number of the
members, should be renewed every three years as defined by law . It
is always possible to re-elect or re-appoint those whose term of
membership has expired.
Art.199:
The Shoura Assembly shall elect a Speaker and two Deputy Speakers at
its first ordinary annual session for a period of the three years .
If one of these offices becomes vacant , the Assembly shall elect a
successor for the rest of the term.
Art.200:
No member can hold office in both the People’s Assembly and the
Shoura Assembly at one and the same time.
Art.201:
The Prime Minister and his Deputies , the Ministers and government
officials shall not be held responsible to the Shoura Assembly.
Art.202:
The President of the Republic has the right to make a statement upon
the general policy of the State or upon any other matter before a
joint meeting of the People’s Assembly and the Shoura Assembly,
headed by the Speaker of the People ’s Assembly. The President of
the Republic has the right to make whatever statements he wishes
before the Shoura Assembly.
Art.203:
The Prime Minister and the Ministers and other government officials
may make statements before the Shoura Assembly or before one of its
committees upon a subject that comes within their competence. The
Prime Minister and his Deputies and Ministers and other government
officials shall be heard by the Shoura Assembly and its committees
upon their request, and they may seek the assistance of any
government officials, as they see fit. However, any minister or
government official shall not have a counted vote unless he is a
member.
Art.204:
The President of the Republic may not dissolve the Shoura Assembly
except in case of the necessity , while such a decision should
comprise an invitation to electors to hold new elections for the
Shoura Assembly within a period of the sixty days from the date of
its dissolution . The Assembly shall hold its first meeting within
ten days from the date of its election.
Art.205:
The Provisions included in the following articles of the
Constitution shall apply to the Shoura Assembly:
(89,90,100,101,102,104,105,106,107,129,130,134), insofar as they are
not incompatible with the provisions cited in this chapter. The
Shoura Assembly and its Speaker shall exercise the competences
specified in the aforementioned articles.
Part Two: The Press Authority
Art.206:
The press is a popular, independent authority exercising its
vocation in the manner stipulated in the Constitution and the law.
Art.207:
The Press shall exercise its vocation freely and independently in
the service of society through all the means of expression .It shall
thus interpret the trend of public opinion, while contributing to
its information and orientation within the framework of the basic
components of society, the safeguard of liberties, rights and public
duties and the respect of the sanctity of the private lives of the
citizens, as stipulated in the Constitution and defined by law.
Art.208:
The freedom of the press is guaranteed and press censorship is
forbidden. It is also forbidden to threaten, confiscate or cancel a
newspaper through administrative measures, as stipulated in the
Constitution and defined by the law.
Art.209:
The freedom of legal persons whether public or private , or
political parties to publish or own newspapers is safeguarded in
accordance with the law. The financing and ownership of newspapers
and the funds belonging to them, come under the supervision of the
people, as stipulated in the Constitution and defined by law.
Art.210:
Journalists have the right to obtain news and information according
to the regulations set by law. Their activities are not subject to
any authority other than the law.
Art.211:
A Supreme Press Council shall deal with matters concerning the press
. The law shall define its formation, competences and its
relationship with the state authorities. The Supreme Press Council
shall exercise its competences with a view to consolidating the
freedom of the press and its independence, to uphold the basic
foundations of society, and to guarantee the soundness of national
unity and social peace as stipulated in the Constitution and defined
by law.
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