October 30, 2012
Democracy Reporting International. Translated from the original Arabic draft provided here. Available as a PDF download below.
Unofficial English Translation of Egypt's Draft Constitution
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The State and Society
The Arab Republic of Egypt is an independent state with sovereignty. It is unified and indivisible and its system is democratic. The Egyptian People are part of the Arab and Islamic nations, proud of belonging to the Nile Basin, Africa and Asia, and contribute positively to the human civilization.
Islam is the religion of the State, Arabic is its official language and the principles of the Islamic Sharia are the main source of legislation.
The principles of Christian and Jewish doctrines are the main source of legislations to the followers of Christianity and Judaism in their personal status, the practice of their religious affairs and the choice of their spiritual leaders.
Al-Azhar is an independent Islamic institution, its headquarters in Cairo and its domain is the Islamic nation, and the whole world. It shall be responsible for spreading the Islamic call and the religious scholarship. The State shall ensure all the sufficient financial allocations for the achievement of its objectives and the law shall determine the section of the Rector of Al-Azhar, who shall be independent and impeachable.
The Council of Al-Azhar’s Senior Scholars shall be consulted on issued related to Islamic Sharia.
Sovereignty is for the people; they practice this sovereignty and protect it. They protect national unity and they are the source of powers. All this shall be as stated in this constitution.
The political democratic system is based on the principles of Shura [consultation]1, citizenship which equalizes between all citizens in rights and duties, political and partisan plurality, the rule of law, respect to human rights, guarantee of rights and freedoms, peaceful rotation of power and the separation and balance between powers in the way stated in this constitution.
The formation of political parties on the base of discrimination between citizens because of gender, origin or religion shall not be permitted.
The Egyptian society is based on justice, equality, freedom, mercy, social interdependence and solidarity in protecting lives, reputations and money and guaranteeing the level of sufficiency for all citizens.
The State shall guarantee equal opportunity to all citizens, without prejudice.
Family is the basis of society and is founded on religion, ethics and patriotism.
The State and the society have to maintain the authentic character of the Egyptian family, and to work on its cohesion, stability and protection of its traditions and moral values.
The State and society shall be committed to safeguarding and protecting ethics and public morals, promoting genuine Egyptian traditions, the eminent level of religious and patriotic upbringing, scientific facts, Arabic culture, historical and cultural heritage of the people, as regulated by the law.
The State shall protect the cultural, civilizational and linguistic unity of the Egyptian society and shall work on the Arabization of the sciences and knowledge.
Establishment of civil titles shall be prohibited.
National economy shall be organized to achieve sustainable and balanced development, protection of production, increase of income and guarantee of social justice, solidarity and welfare. It shall also reserve the rights of workers, fair distribution, enhancement of standard of living, elimination of poverty and unemployment, increase of work opportunities. It shall also guarantee the cooperation between capital and labor in bearing the cost of development and the just sharing of its revenues, linking wages to production, limiting income difference by setting maximum wage cap and a minimum wage, which guarantees decent lives for citizens.
Agriculture is a foundational base for the national economy. The State shall be committed to protect and enlarge the farmland and to develop and protect agricultural crops, botanical varieties, livestock breed and fisheries. It shall also achieve self-sufficiency [out of these fortunes], provide the requirements of agricultural production, its good management and marketing, and shall support agricultural and crafts industries.
The law shall regulate the usage of State’s land based on the achievement of social justice and the protection of peasants and agricultural workers from exploitation.
All natural fortunes are owned by the people and they have the right in their revenues. The State shall be committed to protect them and their proper usage without prejudice to the requirements of national defense and economy and with consideration to the rights of future generations. All money with no owner, its ownership shall be to the State.
It is not permissible, except by law, to give a privilege in regards to the exploitation of any resource of the natural resources or any facility of the public facilities.
The River Nile and groundwater resources are national fortunes and it shall be prohibited to turn them into private ownership. The State shall be committed to reserve, develop and protect them and shall prevent any aggression against them. The law shall regulate means of benefiting from them.
The State shall protect its beaches, seas and lakes. Maintenance the monuments and nature reserves, and remove any encroachments on them.
The State shall guarantee and protect all types of legal ownership whether it is public, cooperative, private or endowed, in accordance with the law.
Public money has sanctity and its protection is the duty of the State and society.
The State shall sponsor cooperatives in all types, support it, ensure its independence, regulate craft industries and encourage it in a manner which leads to production development and income increase.
Workers shall have a share of management and profits of enterprises. They are committed to production development and the plan implementation in their production units, in accordance with the law. Workers shall be represented on by 50% of the elected boards of directors of the public sector units and 80% of the membership on the boards of directors of the agricultural and industrial cooperatives.
Beneficiaries of service projects of public benefit shall participate in managing and supervising them in accordance with the law.
Private ownership is safeguarded, performing its social function in the service of the national economy without deviation, exploitation or monopoly. It cannot be sequestrated except in the conditions stated by law and by a judicial order. It cannot be expropriated except for public interest and for a fair compensation that is paid in advance, pursuant to the law. Right to inheritance in it is guaranteed. All this shall be in accordance with the law.
The State shall abide by reviving the charitable endowment system and encouraging it.
The endowment law shall organize and specify the ways endowment is formed, the administration of the existing endowments and its investment and the distribution of its profits on beneficiaries in accordance with the conditions of the endowers.
Taxation and public expenditures system is based on social justice and its conveyance is obligatory. It shall not be imposed, cancelled, exempted from anyone or required to be paid except in accordance with the law.
Nationalization shall not be allowed except for considerations of the public interest, by a law and against compensation.
Public confiscation of property shall be prohibited. Private confiscation shall not be allowed except by a court ruling.
General Rights, Freedoms and Duties
Freedoms, Rights and Public Duties
Human dignity is a right to every human being. Society and the State guarantees its respect and protection and citizen’s subjection to humiliation and contempt is not permissible at any case.
Egyptian nationality is a right regulated by law, and shall not be stripped from an Egyptian.
It shall also not be permitted to be changed from whoever gained it except in the limitations of the law.
Citizens are equal before the law and are equal in general rights and duties without discrimination between them based on gender, origin, language, religion, belief, opinion, social status or disability.
Personal freedom is a natural right and it is protected and may not be prejudiced.
Except in flagrante delicto, no citizen shall neither be arrested, inspected, detained, prevented from moving nor had his/her freedom restrained with any other restriction except by a justified order by the competent judge.
Everyone whose freedom is restricted has to be informed in writing of the reasons behind that within 12 hours and must be brought before the investigation authority within twenty four hours from the time his freedom was restricted. He/she may not be subject to investigation except in the presence of his attorney, an attorney shall be appointed in case he/she has none. For everyone who is whose freedom is restricted and others, the right to petition before the judicial system from that procedure and to decide on it within a week, otherwise release must be immediate.
Law regulates the pre-trial detention period and its causes. The law also determines the cases of the pre-trial detention that are entitled to compensation and the cases that are entitle to compensation at the enforcement of a punishment on which a final ruling was issued cancelling the enforceable ruling, and the state shall adhere to giving these compensations without excepting the original party responsible for the compensation.
Every person detained or arrested or whose freedom is restricted by any restriction, must be treated in a manner preserving his/her human dignity and s/he shall not be intimidated, coerced, abused physically or mentally. S/he shall not be detained or imprisoned except in locations appropriate for humans, healthily appropriate and under judicial supervision.
Any person liable for violating this shall be penalized according to the law.
Every statement evidenced to have been issued under any of the foregoing, or threat thereof, shall be disregarded and ignored.
Prison is a disciplining, reforming and corrective facility. Anything in contradiction with human dignity or exposing a person’s life to danger is prohibited in prison or jail. The State shall care for the rehabilitation of the convicted and facilitates the path of a dignified life after their release.
The private life of citizens has sanctity. Mail, telegraphic and electronic correspondences, phone conversations and other means of telecommunications has sanctity and their secrecy thereof is guaranteed and may not be confiscated, monitored, viewed or looked at except by a justified order from the competent judge and for a definite period, in cases prescribed by law.
Residences have their sanctity and they shall not be entered, searched or monitored except in the events stated by the law, after warning their residents, and by virtue of a justified order from the competent judge determining the place, purpose and time of search. All the foregoing is for cases other than danger or evocation.
Freedom of belief is absolute.
The State guarantees the establishment of the worship places for the Abrahamic faiths as stated by the law.
Any abuse or exposure to all the prophets and the messengers is prohibited.
The freedom of thought and opinion is guaranteed and every person has the right to express his/her thought and opinion verbally, in writing, photography or any other means of publication and expression.
Freedom of creativity in its different forms and manners is a right to every citizen. The State promotes science, arts and literature, sponsors the creative and inventors, protects their creations and inventions and works on applying them in favour of the community. The State takes the necessary measures to maintain cultural heritage with its diversity and works on promoting cultural and social services.
The freedom of obtaining information, data, statistics and documents, regardless of its source and place, is a guaranteed right for citizens. The State has the obligation to enable them of exercising this right without obstacles and disclosing information, without contradiction with the national security or violation of the sanctity of private lives.
The law regulates regulations to obtain information and the procedures to appeal the rejection of receiving information, and the appropriate penalty for any person who does this.
The freedom of press, printing, publishing and all other means of media are guaranteed, and monitoring what they publish is restricted. There may be exception in the event of declaration of war that they are subject to limited monitoring.
The freedom of issuing newspapers of all types and their ownership by legal and natural persons is guaranteed by notification only. The law regulates the establishing of radio and television broadcasting stations and digital multimedia.
Freedom of movement, residence and immigration is guaranteed; no citizen shall be exiled from the territory of the state, deprived from leaving it or returning thereto or imposed under house arrest except by justified judicial order and for a specific period.
Citizens have the right to organize public meetings, parades and peaceful demonstrations, unarmed. The law regulates the manner to notify thereof.
The right of private gatherings is guaranteed without notifying, and security officers are not allowed to attend them.
Citizens have the right to form associations and parties by only notification, and they shall have a legal personality and said entities or their boards of directors shall not be dissolved except by a judicial order.
Freedom of formation of syndicates, unions and cooperatives is guaranteed, and they shall have legal personalities. The law regulates the formation thereof on democratic bases, their participation in the community service and in increasing the level of sufficiency between their members and defence of their legally stipulated rights. They and their boards of directors may not be resolved except by judicial order.
Professional syndicates have the obligation to question their members regarding their behaviour in exercising their professional activities pursuant to professional and ethical measures and agreements.
Every person has the right to address public authorities in writing and by his/her signing. Such addressing shall not be in the name of groups except for legal persons.
These correspondences must be answered in writing within a specific period.
Citizens' participation in public life is a national duty. Every citizen has the right to vote, be a candidate, and opine in referendums.
The State ensures the safety and neutrality of the elections and is committed to include the name of every citizen in the voters' database without request, if he fulfils the conditions of the voter.
The law regulates the observation of such rights.
Every citizen has the right to education corresponding to quality standards; it is free throughout its different stages and obligatory in the primary educational stage. The State shall take all measures to extend the obligation period to other stages and to expand technical education and encourage it. The state supervises education in all its forms. All educational institutes, public, private, NGOs and others, shall abide by the educational plan of the State and its objectives, all to link between education and the needs of community and production.
The freedom of scientific research is guaranteed and the State shall seek to allocate a sufficient percentage of its national gross product to scholarly research, in accordance to the international standards, and shall guarantee the independence of universities and research centers and their development.
The Arabic language is an essential subject in all stages of education; religious education and national history are essential subjects in all types of pre-university education. Universities are committed to teaching the values and morals needed for the different specializations.
The State is committed to putting a holistic plan to eradicate illiteracy, ending the reasons behind it in for all ages of males and females [citizens] and to mobilizing all efforts of society to implement it within a period of ten years, beginning from the date this constitution takes effect.
Health is ensured for every citizen. The State provides the care services and health care for citizens, in accordance with a just and high quality unified health system. It is prohibited to deprive any person form medical treatment for any reason in emergencies or life danger.
The State shall supervise health institutions and the improvement of their services and monitor all procedures, materials, products, and advertisements in connection with health.
Work is a right, duty and honour to every citizen, and the State guarantees its fair conditions based on the principles of equality, justice and equal opportunities.
The public officials work for the service of the people. The State guarantees providing public positions to all citizens, on the bases of merit and without favouritism, and violating this is a crime punishable by law.
The State shall ensure to every employee the right in fair wage, leaves, retirement, social insurance, health care, protection against work risks and the availability of professional safety at work locations, in accordance to the law organizing that.
Employees may not be terminated except in the events stated under the law.
Peaceful strike is a right regulated by the law.
The State guarantees care for veterans, those injured in wars or because of them, the families of martyrs and victims of revolution of the twenty-fifth of January and of national duty. They and their children and their wives have priority in employment, as regulated by law.
The State guarantees providing social insurance services and every citizen has the right to insurance guarantee if the citizen is not capable of supporting him/herself or his/her family in events of disability, unemployment or aging, within a limit guaranteeing sufficiency.
A safe life is a right to every person, guaranteed by the State to all those residing on its land and offers the required legal means for its protection from the criminal activities that threaten it. The State guarantees receiving a fair compensation to those entitled thereto in the events of killing or disability, as stated by the law.
The human body has its sanctity and it is prohibited to traffic its organs, and may not be subject to the performance of medical or scientific experiments except by certified consent; that is in accordance with scientific bases in medical science and as regulated by law.
Appropriate housing, clean water, healthy food and closing are guaranteed rights.
The state adopts a national housing plan based on social justice, promoting self-initiatives and housing cooperatives and regulates the use of the state’s territory for the purposes of construction, in a way that serves public interest and maintains the rights of future generations.
Exercising sports is a right to everyone and the State entities and community shall identify those talented in sports and sponsor them and take all measures necessary to encourage the exercise of sports.
Litigation is a right guaranteed and safeguarded to all people and the State shall guarantee bringing litigation nearer, the prompt settlement of cases, and facilitation that for those financially incapable.
It is prohibited to immune any action or administrative decision against judicial supervision.
No person shall be tried except before his/her natural judge. Formation of exceptional courts is prohibited and no civilians may be tried before military courts.
Penalties are personal. No penalty or crime is applicable except by a law. No penalty is imposed except by a judicial decision and no penalty can be imposed except for actions consequent to the date of effectiveness of the law.
No criminal proceedings shall be instituted except by order of a competent judicial authority, except in cases prescribed by law.
A defendant is innocent until proven guilty through a legal trial granting him all guarantees of defence. Every defendant in a crime shall have a lawyer to defend him. The law determines the misdemeanours at which a lawyer shall be appointed for the defendant and the in these cases if the defendant does not have a lawyer.
The law organizes the appeal of rulings issued in crimes or misdemeanours and the State provides the protection for victims, witnesses and defendants.
Defence in person or by proxy is guaranteed.
The law guarantees to the financially unable the means of defending their rights before the judiciary.
Judgments are issued and executed in the name of the people. Refraining from executing judgments or hindering the execution thereof by public officer is a crime penalized by the law. The person in whose favour the judgment is rendered shall then have the right to file a criminal case directly before the competent court.
Every child, upon birth, has the right to an appropriate name, family care, main nutrition, shelter, health services, and emotional, cognitive and religious development.
The State has the obligation of child care when deprived from family environment and shall ensure the rights of children with disabilities and their rehabilitation and reintegration into society.
Child labour is prohibited, before they exceed the age of obligatory education, in jobs not appropriate to their ages.
Children cannot be detained except for a specified period, after all other measures have been exhausted, and legal aid is provided; and that shall be in a separate place that takes into account the gender, the variation of ages and away from places of adult detention.
The State is committed to taking all measures to establish equality between women and men in political, cultural, economic and social life and all other fields without prejudice to the provisions of Islamic Sharia.
The State provides mother and child services for free and guarantees for women health, social, and economic care, inheritance right and adjustment between her family duties and work in society.
The State pays special protection and care of breadwinners, divorced, widowed women and other women most in need.
The State guarantees sponsoring and qualifying the youth and developing them spiritually, ethically, culturally, scientifically, physically, psychologically, socially and economically and enables them of effective political contribution.
The State is obliged to care for the health, economic, social, and psychological conditions of the disabled, providing job opportunities for them, reforming social culture towards them and creating public utilities according to their needs.
Slavery, forced labour, violation women and children rights and sex trafficking are prohibited. The law criminalizes all of that.
The state sponsors the rights of Egyptians living abroad, protects them and ensures their rights and freedoms. It helps them perform their public duties toward the Egyptian state and society, and encourages their participation in the nation’s development. Law regulates the provisions of their voting and representation in the elections and referendums.
The State grants the right to asylum to every foreigner due to his/her deprivation from rights and freedoms guaranteed by this constitution. It is prohibited to extradite asylum seekers, and that is in accordance to what the law organizes.
Any assault or violation to any of the rights and freedoms warranted by this constitution is a crime and the criminal or civil cases arising thereof do not become a nonsuit by statute of limitation, and the State guarantees a fair compensation to any person subject to such assault.
The state is subject to law. The Independence of the judiciary and immunity of the judges are two main guarantees for the protection of rights and freedoms.
Defending home and motherland is a sacred duty and military recruitment is mandatory, according to the law.
Maintaining national unity and protecting the national security is a duty of each of the state and society.
Savings is a national duty. It is protected, encouraged, and organized by the state.
Protecting the environment is a national duty. Every person has the right to live in a healthy and safe environment. The State takes the necessary measures to safeguard and protect the environment from pollution, to rationalize the use of natural resources, and preserve the rights of future generations in it.
The Legislative Branch
The Parliament is composed of the House of Representatives and the Senate and they practice the legislative authority as stated in the constitution.
It is prohibited to hold the membership of the House of Representatives and the Senate together.
A public employee may be a candidate for the membership of the Parliament.
With the exception of extraordinary cases determined by the law, Member of Parliament shall be devoted to the tasks of his/her membership and his/her job or work shall be kept for him, as regulated by the law.
Members of Parliament, before assuming office, shall take the following oath before his Chamber “I swear by Allah the Almighty to uphold the Republican system with loyalty, to respect the Constitution and the law, to look after the interests of the people fully and to safeguard the independence and territorial integrity of the motherland".
Members of Parliament shall receive a stipend determined by the law.
The Cassation Court shall have jurisdiction in the validity of the membership of Members of Parliament. The appeals shall be submitted to the Court within a period not exceeding thirty days from the date of announcement of the final result of the election and the appeal shall be decided on within sixty days from the date of receiving it.
The membership is invalidated from the date of notifying the Parliament of the Court’s ruling.
If the seat of a member becomes vacant before the conclusion of his/her term, the vacancy shall be filled in accordance with the law during the sixty days from the date of the Chamber’ decision of the vacancy. The duration of the new member is complementary to the duration of his predecessor.
The membership of parliament may not be dropped unless in the case of lost confidence or status, or in case of the loss of a membership conditions upon which s/he was elected, or if s/he breached any of the membership duties. A decision to drop the membership must be issued from the Chamber, to which the member belongs, with the approval of two-thirds majority of its members.
Member of Parliament, while in office, and his relatives shall not themselves or through an intermediary, buy or rent anything from the State funds; they shall not sell or rent or trade to the State anything from their own money or barter the State on it.
Member of Parliament and his family members shall provide affidavits financial disclosure each year and when s/he takes or leaves office; the reports shall be represented to his/her Chamber. If any of them receives gifts, in cash or kind, their ownership shall devolve to the public treasury of the State, and all of that as regulated by law.
Members of Parliament shall not be punished for their thoughts and opinions stated during the conduction of their tasks in the Chamber that s/he belongs to.
It is prohibited, except in the case of flagrante delicto, to take any criminal proceedings against a Member of Parliament without prior permission from his/her Chamber. If the Chamber is not in session, the permission of the bureau of the Chamber must be taken and the Chamber shall be notified at its first meeting of the action taken.
In all cases, a decision regarding criminal proceeding request against a member of parliament shall be taken within a period not exceeding thirty days, otherwise the request shall be deemed accepted.
The Capital of the State is the headquarters of both Chambers of Parliament. In exceptional circumstances any of the two Chambers may hold its meeting in another premise or another city at the request of the President of the Republic or one-third of its members.
Otherwise a Parliament session shall be illegitimate and decision taken shall be void.
Each Chamber shall set out its own rules of procedures to regulate its working fashion and how its mandate shall be exercised.
Each Chamber shall maintain its rules of procedure and the Speaker of the Chamber handles that.
No armed force is allowed to enter the Parliament or settle near it except by the request of the Speaker of the Chamber.
Parliament sessions are public. The Chamber may hold a secret session at the request of the President, the government, the Chamber’s Speaker or at least twenty of its members. The Chamber shall then decide whether the debate in the question submitted to it shall take place in a public or a confidential session.
The President of the Republic invites the Parliament to its ordinary annual session before the first Thursday of October. If not invited, the [Parliament] meets by virtue of the constitution on the above-mentioned day.
The ordinary session lasts for at least nine months. The President of the Republic shall adjourn the term. The term may not be adjourned before the adoption of the general budget of the State.
Any of the two Chambers of the Parliament can hold an unordinary session, to consider an urgent matter, based on the invitation of the President of the Republic or a request signed by at least tenth of the Chamber’s members.
This session cannot be adjourned before the urgent matter that the Chamber was called for is reviewed.
Each Chamber elects its Speaker and two Deputies from among its members at the first session of the ordinary annual term, for full legislative term in the House of Representatives and half the legislative term in the Senate. If one of the posts is vacant, the Chamber shall elect a replacement to fill it until the end of its term. In any case, third of the members of one of the Chambers, in the first session of the ordinary annual term, may request the election of a new Speaker of the Chamber, one of the Deputies or both of them.
The convening of any of the two Chambers is not valid and its decision shall not be taken except at the presence of the majority of its members and these decisions shall be taken by an absolute majority, except in cases that require special majority. In the case of a tie vote, the topic which was discussed shall be rejected.
The President of the Republic, the Cabinet, and each Member of Parliament has the right to propose laws. In any case, Members of the Senate cannot propose taxes or increase them.
Every draft law shall be referred to a committee of the Chamber to examine it and report on it. As for the draft laws submitted by Members of Parliament, it is not referred to that committee except after examination before a special committee to decide whether the Chamber shall review it or not, and after the Chamber agrees with the decision.
Every law proposed by a member and rejected by the Chamber may not be re-introduced in the same term.
The Parliament notifies the President of the Republic of every passed law. If the President rejects the law, he shall send it back to the Parliament within thirty days from notification.
If the draft law is not sent back within this period or if it is sent back to the Parliament on the said date and approved once again by the majority of members in each Chamber, it shall be considered a law and shall be promulgated. If the law is not passed by the Parliament, it may not be reviewed again before four months from the date the decision was issued.
The Prime Minister, his deputies, the ministers and their deputies have the right to attend sessions of both chambers and their committees, the attendance shall be mandatory based on the request of either Chamber. They have to be listened to whenever they are asked to speak, in order to clarify the State’s public policy and to respond on the issues under discussion without having their votes counted when taking votes. They have the right to be assisted by high-ranking officials or to delegate them.
Every Member of the Parliament shall be entitled to address questions to the Prime Minister or any of his deputies or the ministers or their deputies concerning matters within their respective jurisdiction. They shall answer the questions put forward by members.
The member may withdraw his question at any time and this same question may not be transformed into an interpellation in the same session.
Twenty members of the House of Representatives or ten members of the Senate, at least, may ask for the discussion of a public issue to obtain clarification on any ministry’s policy regarding such issue.
Members of Parliament shall be entitled to express their interest in public issues before the Prime Minister or any of his deputies or of the Ministers.
Neither of the parliamentary chambers can pass draft law, except after voting on article-by-article. Each Chamber has the right to amend and fragment the articles, and to what is proposed from amendments.
Every draft law passed by either Chamber shall be sent to the other one. The draft law shall not pass before approved by both chambers.
If a legislative dispute occurs between the House of Representatives and the Senate, a joint committee of twenty members from each chamber based on the nomination of their General Committees shall be formed. This committee shall propose texts for the disputed articles.
Those proposals shall be presented to both chambers. If any of them objects, both chambers shall hold a joint a conference headed by the Speaker of the Senate with the presence of the absolute majority of each Chamber. The decision shall be taken by the majority of the attendees. The votes will be without discussion.
When the Speaker of either the House of Representatives or the Senate holds the President’s post temporarily, the oldest Deputy holds the leadership of the Chamber during that time.
Member of Parliament represents the nation as a whole; his/her mandate shall not be restricted by restriction or condition. S/he may not intervene directly in the work within the jurisdiction of the executive or judicial branches.
Every citizen shall submit written petitions, complaints or suggestions to any of the two Parliamentary Chambers regarding public issues. The Chamber shall examine it then provide a response after taking the necessary investigation procedures, and to announce the results of this investigation during a specified period.
Parliament accepts the resignation of its members. The resignation has to be prior to the confidence withdrawal procedures that are taken by the Chamber against the resigned member, and that’s in order for the resignation to be accepted.
The House of Representatives
The House of Representatives is composed of not less than 350 members, elected by direct secret public voting.
It is conditioned that whoever is nominated for membership of the House of Representatives to be an Egyptian, enjoying his civil and political rights, must have completed basic education and to not be less than 25 years of age, on the day of opening the door for candidacy.
The law shall set out other conditions to be met by a Member of Parliament, election system and electoral districts divisions.
The membership in the House of Representatives shall be five years starting from the date of their first session.
The election to renew the Parliament shall take place during the sixty days preceding the conclusion of its session.
The House of Representatives shall approve the general policy of the State, the public plan for economic and social development and the general budget of the State. It shall supervise the work of the executive authority, in the manner prescribed by the Constitution.
The House of Representatives shall approve the public economic and social development plan. The manner of the preparation of the plan and of its submission to the House of Representatives shall be determined by the law.
The draft general budget shall be submitted to the House of Representatives at least 90 days before the beginning of the fiscal year. It shall not be considered in effect unless approved thereby.
The draft budget shall be voted on chapter-by-chapter.
The House of Representatives may modify the expenditures contained in the draft budget, excluding those regarding the implementation of a specific liability on the State. Should the modification result in an increase in total expenditure, the House of Representatives shall agree with the government on means to secure resources of revenues so as to re-balance between revenues and expenditures. The budget shall be issued by a law, which may include modification in any existing law to the extent necessary to realize such balance.
If the new budget is not being approved before the beginning of the new fiscal year, the budget of the previous year shall remain in effect until the new budget has been approved.
The law shall define the way in which of the budget shall be designed as well as the fiscal year.
The approval of the House of Representatives shall be necessary for the transfer of any funds from one chapter of the budget to another, as well as for any expenditure not included therein or in excess of its estimates, and this shall be issued by a law.
The provisions regulating the budgets and accounts of public enterprises and authorities shall be prescribed by law.
The basic rules for collection of public funds and the procedure for their disbursement shall be regulated by law.
Law shall determine rules for granting salaries, pensions, indemnities, subsidies and bonuses from the State Treasury. It shall also regulate cases for exceptions from such rules, and the authorities in charge of application.
The Executive Authority shall not contract a loan or commit itself to a project entailing expenditure of funds from the State Treasury in the course of a subsequent period, unless approved by the House of Representatives.
The final account of the State budget shall be submitted to the House of Representatives within a period not exceeding 180 days from the end of the fiscal year. The annual report of the Central Auditing Bureau and its observations on the final account shall be submitted to the House of Representatives.
The final account shall be voted on a chapter-by-chapter basis and shall be issued by a law.
The House of Representatives has the right to request the Central Auditing Bureau for any data or other pertinent reports.
The House of Representatives may form an ad hoc committee or commission any of its committees with the scrutiny of the activities of any of administrative department or the public corporation or any administrative or executive bureau or any public enterprise, for the purpose of finding facts and informing the House of Representatives as to the actual financial or administrative or economic position or for conducting investigations into a subject related to one of the above-mentioned activities. The Council takes what it deems appropriate in this regard.
In the course of its work, such a committee shall be entitled to collect whatever evidence it deems necessary and to summon whom it deems necessary to them. All [executive and administrative] bodies shall respond to demands by the committee and put under its disposal all the documents and evidence it asks for this purpose.
Each member in the House of Representatives may submit an urgent statement to any of the cabinet’s members in general urgent serious matters with utmost importance.
Every member of the House of Representatives shall be entitled to address interpellations to the Prime Minister or his deputies or the Ministers or their deputies concerning matters within their respective 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 House of Representatives and with the government’s consent.
The House of Representatives may issue a vote of no-confidence against the Prime Minister, his deputies or ministers. The vote of no-confidence shall not be requested before an interpellation and upon a proposal from one tenth of its members. The House shall decide within, at least, seven days of discussing the interpellation. The vote of no-confidence shall be made by the majority of the members of the members.
In all cases vote of no-confidence may not be further requested in a matter that had been decided upon by the House of Representatives in the same term.
If the House of Representatives voted of no-confidence against the Prime Minister, the cabinet shall resign. If the vote was against a cabinet member, s/he shall resign.
The President of the Republic may not dissolve the House of Representatives unless it is necessary. That’s with justified decision based upon the request the cabinet, after consulting with the Speakers of both chambers and after conducting public referendum.
The President shall issue a decision on suspending the House of Representatives’ session and conducting the referendum within twenty days. If the absolute majority of the voters approve the dissolution of the House of Representatives, the President shall issue a decision calling for early elections within maximum thirty days from the date of issuing the decision of the dissolution. The new House has to convene within ten days following the completion of elections.
If the dissolution decision does not include all of that or if the fixed period elapses without conducting the referendum or the elections, the House reconvenes by itself by force of law on the day following the expiration of this period.
In all cases, the House may not be dissolved during its first annual session, or for the same reason that lead to the dissolution before.
The Senate is composed of a number of members of not less than one hundred and fifty, three quarters thereof shall be elected by direct secret ballot, and the President appoints the remaining quarter from among the scientifically and technically qualified chosen from among the following criteria:
- Former Prime Ministers, their deputies and ministers.
- Former Speakers of legislative councils and their members who completed two complete legislative terms.
- Prominent Egyptian scholars within Egypt or abroad.
- Present and former professors in universities and scientific research centers.
- Spiritual leaders and scholars of religion.
- Former Counselors and those on the same rank from judicial officers.
- Former ambassadors.
- Retired officers of general rank or higher of the police and army.
- Public servants on the rank of general manager and higher in the State Administrative Body.
A candidate to the membership of the Senate must be Egyptian, having all civil and political rights, holding at least one high education certificate and of the age of no less than forty years at the date the election is opened.
The law indicates other membership terms, election provisions and election districts divisions.
The term of the Senate is six Gregorian years, commencing from the date of its first meeting and half the members shall be renewed every three years according to the regulations of the law.
At the time the House of Representatives is dissolved, the Senate shall exclusively have common legislative competencies of both Houses of the Parliament. Laws resolved thereby during the dissolution period of the House of Representatives shall be presented, immediately after convening to decide thereon.
The Executive Branch
The President of the Republic
The President of the Republic is the President of the State and the President of the executive authority. S/he shall protect the interests of the people, maintain the independence and territorial integrity of the motherland and maintain the boundaries between authorities.
He shall exercise his competencies in the manner prescribed in the constitution.
The President of the Republic shall be elected for a period of four Gregorian years and cannot be re-elected except for only one more period. The procedures for the election of the President of the Republic shall start at least ninety days before the end of the presidential term, and the result must be declared at least ten days before the end of this period.
The President of the Republic shall resign from any partisan position he held as soon as the elections results are announced.
The person to be elected President of the Republic should be an Egyptian citizen born to Egyptian parents, should enjoy civic and political rights, s/he should not be married to a non-Egyptian and his/her age must not be less than 40 Gregorian years, on the date of the opening of the door for candidacy.
For an applicant to be accepted as a candidate to the presidency, he shall be endorsed by at least 20 elected members of the House of Representatives and the Senate, or the endorsement of the candidate by 20000 registered voters from at least 10 governorates, with at least 1000 endorsements from each of those governorates. In all cases, the endorsements shall not be for more than one candidate and the law regulates that
The President shall be elected by direct secret general ballot, and that is by an absolute majority of valid votes. If no candidate obtains such a majority, a runoff between the two candidates who obtained the highest number of votes, or evenly therein, shall take place.
The runoff shall include the ones that have an equal number of votes with the first and second candidates or the ones that tied with the second candidate in this number.
In any case, the candidate with the highest valid votes in the runoff shall be declared winner. In case of equality between the candidates’ number of votes, elected members of the House of Representatives and the Senate shall choose between them in a joint session, by the absolute majority of the elected members of these chambers.
The law regulates the procedures of the elections of the Presidential of the Republic.
If before the start of the first round of the presidential elections, and one of them dies, or any other impediment prevented him from continuing, candidacy door shall be reopen. However, if one of them waives [candidacy], the other candidate shall receive the absolute majority of valid votes, otherwise the candidacy doors shall be reopen.
If there two candidates in the runoff and one of them dies or any other impediment happens to him, he shall be replaced by the candidate right after him in the number of valid votes.
Before exercising his powers, the President shall swear the following oath before both Houses of the Parliament: "I swear by Allah the Almighty to uphold the Republican system with loyalty, to respect the constitution and the law, to look after the interests of the people fully and to safeguard the independence and territorial integrity of the motherland".
In case of the House of Representatives’ dissolved, the President swears the oath before the Senate.
In case of a temporary obstacle that prevents the President from practicing his powers the Prime Minister shall replace him. In the case of the vacancy of the President of the Republic’s post, due to resignation, death, permanent disability or any other reason, the House of Representatives announces the post as vacant and notifies the National Election Commission. The competencies of the President of the Republic shall be temporarily exercised by the Speaker of the House of Representatives.
The Senate and its Speaker shall replace the House of Representative and its Speaker in the previous section, in case the House of Representative is dissolved.
In any case, the new President shall be elected within a period no longer than 90 days from the day of the vacancy of the post and the interim President shall neither runs for presidency, request the amendment of the constitution, dissolve the House of Representatives or dismiss the government.
If the vacancy of the post of the President occurs with the elections of one of the two Chambers of Parliament, the priority shall be given to the presidential elections and the membership of the Chamber is extended by the force of law until the conclusion of the presidential elections.
Law shall determine the financial transaction for the President of the Republic. He shall not receive any other salary or remuneration. He shall not carry on, while in office, himself or through an intermediary, free profession or commercial, financial or industrial business. As well the President or his relatives shall not themselves or through an intermediary, buy or rent anything from the State funds. They shall not sell or rent or trade to the state anything from their own money or barter the State on it.
The President of the Republic and his family members shall provide affidavits financial disclosure each year and when he takes or leaves office; the reports are presented to the House of Representatives. If any of them received gifts, in cash or kind, their ownership shall devolve to the public treasury of the State, and all of that is as regulated by law.
The President of the Republic shall submit his written resignation to the House of Representatives.
The President names the Prime Minister and assigns him the formation of the cabinet within maximum 30 days. The cabinet shall present its platform to the House of Representatives within maximum 30 days from the date of its formation. If the platform is rejected by the majority of the members of the House, the President shall appoint another Prime Minister and assigns him the formation of a new cabinet, which shall present its platform to the House of Representatives. If that platform is rejected, the President forms the new cabinet based on the suggestion of the House of Representatives2; if that does not happen within maximum 30 days then then the President dissolves the House of Representatives.
In all cases, this entire periods stated in this article shall not exceed 120 days.
The President of the Republic shall give a statement at the opening of the ordinary joint session of the House of Representatives and the Senate regarding the general policy of the State, and he has the right to send messages or give more statements before any of the Chambers.
The President of the Republic promulgates laws within fifteen days from the date it was send to him, after the final approval of both Houses of Parliament.
The President of the Republic may call voters for a referendum on important issues that are related to the State’s supreme interests.
The result of the referendum, in all cases, shall be binding to all State authorities and to all.
The President appoints the military officials and removes them. He appoints the political representatives of the State and ratifies the political representatives of the foreign states and bodies, in accordance with the law.
The President of the Republic shall declare, after the approval of the cabinet, the state of emergency, in the manner prescribed by the law.
This declaration must be submitted to the House of Representatives within the following seven days as to decide on the issue, by the majority of its members. If the declaration was not in the term of the session the House must be immediately called for session as to be submitted to it, taking into account the period stated in the previous paragraph. If the House of Representatives is dissolved, the issue shall be submitted to the Senate and shall be approved by the majority of its members to declare the state of emergency.
In all cases, the declaration of a state of emergency is for a specified period, not exceeding six months, and it may not be extended except for one period that does not exceed six months after the approval of the people in a public referendum.
The President of the Republic has the right to pardon or commute a sentence.
Amnesty cannot take place except by a law.
The President is the Supreme Commander of the Armed Forces and he declares war after taking the opinion of the National Defense Council and the approval of the House of Representatives.
The President is prohibited from sending armed forces out of the country except after the approval of the majority of members of the House of Representatives.
(The President of the Republic is the Supreme Commander of the Armed Forces; he cannot declare war or send armed forces to out of state except after taking the opinion of the National Defense Council and the approval of the House of Representatives, by a majority of Council members).
The President of the Republic represents the State in its international relations. The President ratifies treaties after taking the approval of the cabinet. A treaty does not have the force of law forcible except after the approval of the House of Representatives and the Senate. The majority of the members of both the House of Representatives and the Senate shall approve the treaties of peace, alliance, trade, navigation and all treaties that lead to amendment of the territory of the State or concerning the rights of sovereignty or bearing the state’s treasury expenditures that are not provided for in the budget.
All The expenses of the Presidency of the Republic and its subsidiary bodies shall be included within the general budget of the State and subject to the supervision of the Central Auditing Organization.
The President exercises his powers through the Prime Minister, his deputies and the ministers, except for those powers stipulated in Articles 10, 12,14,17,18. The orders of the President of the Republic (or Prime Minister), oral or written, shall not exempt the Ministers from responsibility.
The President of the Republic puts the public policy of the State, and oversees its implementation, in conjunction with the cabinet.
The President may delegate any of his powers to the Prime Minister or his deputies, ministers or governors, as regulated by law.
The President of the Republic may invite the cabinet for the consultation in important matters, he can head the meetings he attended, and he can ask the Prime Minister for reports regarding public affairs.
Accusing the President of the Republic of high treason or committing a criminal offense or influence peddling or violation of the Constitution is based on a proposal signed by at least third of the members of the House of Representatives and the decision of indictment cannot be issued except by the majority of two thirds of the House. Once the decision is issued the President shall be suspended from work. The indictment decision is considered, until a ruling is issued, a prohibition preventing the President temporarily from practicing his powers in accordance with the provisions of Article 7 of the constitution.
The President shall be tried before a special court headed by head of the Supreme Constitutional Court and the membership of the Heads the Court of Cassation, the State Council and the Courts of Appeal in Cairo and Alexandria. The Attorney General shall be the prosecution.
The law shall regulate the proceedings and determines the sentence. If the court rules of his conviction he shall be relieved from his post, without prejudice to other penalties which are provided by law.
The Cabinet is formed of the Prime Minister, his deputies, the Ministers and their deputies.
The Prime Minister supervises its work and directs it in doing its competencies and is responsible for internal security.
The Cabinet is responsible, collectively and individually, for the implementation of the general policy of the State in front of the House of Representatives in accordance with the procedures set forth in this constitution.
Any cabinet member may make a statement before the House of Representatives or the Senate or one of their committees on matters within the jurisdiction of any of them.
The House, or the committee, shall discuss this statement and make any observations thereon.
Whoever is appointed as Prime Minister, or as a member of the cabinet, must be an Egyptian not holding the nationality of another state, at least of the age of thirty years and enjoying his civil and political rights.
The membership of the cabinet shall not be combined with the membership of any of the Senate or the House of Representatives. If a member if the Parliament is appointed in the Cabinet his post in his Chamber shall be vacant from the day of this appointment, and the rules of article 85 of this constitution shall be enforced.
The Prime Minister appoints civil servants and dismisses them, as regulated by law.
The Prime Minister shall issue the regulations necessary to implement the laws, in a manner that would not disrupt or modify or exempt from its execution. The Prime Minister may delegate others in the issuance of regulations, and the law may determine who issues regulations for its implementation.
The Prime Minister shall issue the regulations necessary for the construction of public facilities and offices and organized interests, and if that results in new burdens on the state budget, the approval of the House of Representatives shall be taken.
Prime Minister shall issue public order regulations [decrees which issue penalties on citizens and not part of any law].
Law shall determine the financial transaction for the Prime Ministers and the members of the Cabinet. They shall not receive any other salary or remuneration. They shall not carry on, while in office, themselves or through an intermediary, free profession or commercial, financial or industrial business. As well the member of the Cabinet shall not, themselves or through an intermediary, buy or rent anything from the state funds, they shall not sell or rent or trade to the state anything from their own money or barter the state on it or conduct with it any other offsetting contract.
The member of the cabinet and any of his family members shall provide affidavits financial disclosure each year and when he takes or leaves office; the reports are presented to the House of Representatives. If any of them received gifts, in cash or kind, their ownership shall devolve to the public treasury of the State, and all of that as regulated by law.
The House of Representatives, the Senate and the Central Auditing Agency shall form, when appropriate, economic workgroups to be independent in the management of the investments of the President of the Republic, the Speaker of the House of Representatives, the Speaker of the Senate and their Deputies, the heads of their specific committees, the Prime Minister and his deputies and ministers, and their likes.
These investments shall be away from their disposal and their knowledge throughout their term for these positions.
Before exercising his powers, the Prime Minister and the members of the cabinet shall swear the following oath before the President of the Republic: "I swear by Allah the Almighty to uphold the Republican system with loyalty, to respect the Constitution and the law, to look after the interests of the people fully and to safeguard the independence and territorial integrity of the motherland".
The Cabinet is entrusted with the following:
1 - Putting the public policy of the State and supervising its implementation, in accordance with the laws and decisions of the Republic.
2 - Guiding the work of the ministries, its affiliated bodies and public bodies and institutions, coordinate between them and monitoring them.
3 - Issuing administrative and executive decisions, in accordance with the laws and decisions, and monitoring their implementation.
4 - Preparing draft laws and decrees.
5 - Preparing of the draft state budget.
6 - Preparing of the draft plans of the State.
7 - Contracting and granting loans.
8 - Noting the implementation of laws, maintaining the security of the homeland and protecting the rights of citizens and the interests of the State.
The minister draws the general policy of his ministry, follows up its implementation, directing and monitoring its work in the framework of the general policy adopted by the state.
The law regulates the mandate of main posts, the responsibilities of staff, and guarantees that protect their rights and ensure their freedom of action.
The President of the Republic, the House of Representatives and the Deputy General have the right to accuse the Prime Minister or any of the members of the cabinet, for their crimes that occur while performing the work of the office or because of it.
The decision accusing them by the House of Representatives shall be based on a signed request from at least third of its members, and this decision shall be issued by the consent of a majority of the number of those members.
The accused shall be stopped from his work till his issue is ruled on. The termination of his term does not affect the establishment or continuing of criminal proceedings against him.
All those who are found guilty shall be removed from office, without prejudice to other penalties provided for in the Penal Code.
Judicial authority is independent and assumed by courts of different types and degrees, and its decisions are issued according to the regulations of the law.
Judges are independent and not subject to dismissal and are not subject to anything in their decisions except the law, and they may not be delegated except for tasks determined by the law.
The law regulates the judicial bodies and determines their competencies, regulates its formation, and indicates the conditions for the procedures of appointing their members, transferring and disciplining them
Court hearings are public unless the courts decide on their confidentiality in observance of public order and morality. In all events, rendering judgments must be in a public hearing.
(The General Prosecution assumes general prosecution and the law determines its other competencies)
(The Civil Prosecution assumes preparation of civil and commercial claims and the law determines its other competencies)
(The Administrative Prosecution assumes investigation in financial and administrative violations and matters referred thereto by the Supreme Anti-Corruption Commission, provided that crimes are referred to Public Prosecution to take its measurements thereon and to handle the motion and consideration of the disciplinary case, take legal actions to rectify the negligence by public utilities, and the law determines its other competencies)
The State Council is an independent judicial authority with the exclusive competency to decide on all administrative disputes, claims and disciplinary appeals and execution disputes in connection therewith. The State Council also provides opinions on legal matters of the entities determined by the law.
The law determines its other competencies.
Supreme Constitutional Court
The Supreme Constitutional Court is an independent judicial authority, located in Cairo, and has the exclusive competency to decide on constitutionality of the laws and regulations without ruling on the merits of the case.
The Court further interprets the laws and decides on disputes between judicial authorities. All the foregoing as indicated in the law setting out the procedures followed before the Court.
Members of the Supreme Constitutional Court are not subject to dismissal and the law determines their number, the conditions they shall meet, their rights, immunity and disciplinary rules before such Court. The members shall be selected upon a nomination by the general assemblies of the Supreme Constitutional Court, the Court of Cassation, the State Council and Courts of Appeal, pursuant to the regulations of the law. A presidential decree for the appointment shall be issued.
The President or the House of Representatives shall present the proposed laws regulating presidential, legislative and local elections to the Supreme Constitutional Court prior to their issuance to opine on the extent of their conformity with the constitution. The Court issues its decision in this matter within fifteen days from the date the matter is presented thereto. In the event the Court decided the unconstitutionality of a provision or more, its decision shall be applied prior to the issuance of the law. These laws are not subject to succeeding supervision stipulated under Article (182) of the Constitution.
Decisions issued by the Supreme Constitutional Court in constitutional cases, and decisions issued interpreting laws or issued for the unconstitutionality of a provision or more in a proposed law regulating presidential, legislative and local elections shall be published in the Official Gazette.
The law regulates the consequences of decisions of unconstitutionality of a legislative provision.
The local Administrative System
The State is divided into local administrative units, enjoying legal personality, and they are governorates, cities, districts, neighbourhoods and villages. It is permissible that one unit includes more than one neighbourhood or village and that other administrative units be formed with legal personality, all of the stated is in the manner prescribed by law.
Each unit is represented by a local council elected by direct secret ballot for a term of four years. Whoever is nominated for membership of the Local Council must be an Egyptian enjoying his civil and political rights, and not under the age of twenty-one years of age, on the day of the opening of the door for candidacy.
Each Council elects its president and his deputies from among its elected members.
The Council includes representatives from the executive power in the local unit without having counted votes.
Each council shall elect its head and deputies from within its members.
Local councils shall have jurisdiction over all what matters to the units it represents. The councils shall establish and manage facilities and the economic, social, health and others, in the manner regulated by law.
The issued decisions of the local councils, within the limits of their jurisdiction, are final and may not be intervened in by the executive branch except for the prevention of the councils’ violation of these limits or damaging the public interest or the interests of each other.
At the event of a dispute over the jurisdiction of these councils, the courts of the State Council shall urgently rule on them, and all of that is according to what is regulated by law.
Taxes and fees, original and additional, that are of a local nature are included in the resources of the local unites. These taxes and fees must not deal with the movement of people or transfer of funds between administrative units and must not restrict the right of citizens to exercise their functions and their work in the territory of the State. The collection of taxes and fees owed to the local units follow the rules and procedures used in the collection of State funds, all as regulated by law.
The State guarantees what the local units need of technical, administrative and financial help, ensures equitable distribution of facilities and services and resources and brings closer the levels of development and living standards between these units, as governed by law.
Each council shall put its budget and its final account. The law states the rules followed in putting them both, the period in which the executive power can object on the budget (final account) and the method of ruling on this objection. The budget and the final account shall be published, in accordance with the law.
The executive power, in all cases, can request the inclusion of the necessary funds for the performance of the public services and commitments imposed by the law on the councils.
Local council shall not be dissolved through a comprehensive administrative decision.
The law regulates the method of dissolving any of them, its re-election within a period that does not exceed 60 days from the day of its dissolution and determines the composition of a temporary body during its dissolution as to manage its current affairs and activities, which cannot be delayed.
The law regulates the cooperation of local units in the activities of mutual benefit and means of cooperation between them and the governmental bodies in local units.
The law regulates the selection of governors and defines their jurisdiction.
Security and Defense
National Defense Council
A National Defense Council shall be formed, chaired by the President and including in its members the presidents of both parliaments councils, the prime minister, ministers of defense, foreign affairs, finance and interior, chief of intelligence, chief of armed forces, generals of marine and navy forces and air force and the chief of armed forces operations and the director of military intelligence.
The Council has the competency to consider matters concerning means of securing the State and its safety, discussing budgets of the Armed Forces, which shall be presented as one line item in the State budget. The Council must be consulted in proposed laws concerning the Armed Forces.
The Armed Forces
The Armed Forces is property of the people, its mission is protecting the State and preserving its safety and security of its lands. Only the State forms these forces. All individuals, entities, authorities or groups are prohibited from establishing military or paramilitary formations, groups or organizations.
The Armed Forces shall have a supreme council as regulated by the law.
The Minister of Defense is the General Chief of Armed Forces and shall be appointed from among its officers.
The law regulates general mobilization and determines the conditions of service and promoting in the Armed Forces.
The law regulates military judicial system and determines its competencies within the frame of principles stated under the Constitution. In no event may anyone other than military officers and their likes be tried before Military Courts.
Administrative disputes concerning decisions issued regarding Armed Forces officers, non-commissioned officers and soldiers shall be considered and decided thereon by judicial committees formed for this purpose.
Police is a national civil regulative authority, performing its duty to serve the people and its loyalty is to the Constitution and the Law. The Police assume maintaining the order, security and public morality, and executing the stipulations of the laws and regulations and guarantees safety to the citizens and protects their dignity, rights and freedoms, all as regulated by the law.
Independent and monitoring institutions
The independent and monitoring institutions stipulated in this constitution enjoy public legal personality and neutrality. They also have technical, administrative and financial independence. When appropriate – in accordance with the law – other monitoring institutions and independent bodies may be established.
The opinion of those institutions and bodies shall be taken into consideration regarding the draft laws related to their jurisdictions.
The reports of the independent and monitoring institutions shall be public, shall be published for the public opinion, and submitted to the President of the Republic and the House of Representatives. The House of Representatives shall consider and these reports and take necessary actions toward them, in a period not exceeding ninety days from the day of receiving them.
The monitoring institutions shall inform the concerned investigation authorities with the outcome of their work based on evidence of committing crimes or violations, as prescribed by law.
The President of the Republic shall appoint the heads of the monitoring institutions and the independent bodies after the approval of the majority of the Senate members. This shall be for a term of four years, renewable only once. They cannot be impeached, and they are prohibited from undertaking the business activities restricted to Ministers. In their prosecution and accusation, the regulations and rules of accusing and prosecuting ministers, stated in this constitution, shall be applied.
Each monitoring institution or independent body shall be established by law, which sets out other jurisdictions and its rules of procedures that are not stipulated in the constitution. The law shall give the necessary guarantees for its members and technical employees to perform their work. Moreover, it shall determine methods of appointment, promotion, disciplinary measures, and other employment conditions in order to ensure their independence.
The Central Auditing Agency
The Central Auditing Agency shall be responsible for the comprehensive monitoring of the State public funds, their protection and the financial monitoring of other institutions entrusted to it. It shall also monitor the implementation of the general budget and the independent budgets, in the manner prescribed by the law.
The Central Bank
The Central Bank shall be responsible for putting the monetary, credit and banking policies and implementing them. It shall also work on achieving price stability and safety of the monetary and banking systems, and that is within the framework of the general economic policy of the State.
The Anti-Corruption National Commission (the Central Body)
The Anti-corruption National Commission (the Central Body) shall combat corruption by fighting corruption, preventing conflict of interests, promoting the values of integrity, transparency, determining their standards and developing a national strategy for that and following up its implementation, according to the law.
The Economic and Social Council
The Economic and Social Council shall support the participation of different groups in society in economic, social and environmental policy-making. It shall enhance social dialogue in an institutional manner. The government and the parliament shall take into consideration the consultation of the Council with regards to these policies and related draft laws.
This Council shall be formed of not less than two hundred members selected by their elected organizations of syndicates, associations and trade unions for farmers, workers and professionals and other community groups. Membership of the Council cannot be combined with the membership of any of the Parliamentary Councils or the cabinet.
Law defines the method of forming the Council, its rules of procedures and means of providing recommendations to the State authorities
The National Elections Commission
Only The National Elections Commission shall manage referendums, the Presidential, Parliamentary and Municipalities elections, starting from preparing voters database, dividing the constituencies, determining the regulations for funding and electoral expenditures and their announcement, and any other procedures until the announcement of the results. It may be entrusted to supervise the election of trade union organizations and others, and all of that is in the manner prescribed by law.
The management of the National Elections Commission shall be the responsibility of a council evenly composed of nine members from among the Deputy Presidents of the Court of Cassation, the Presidents of the Courts of Appeal and the Deputy Presidents of the State Council, elected by the board members of these courts, excluding members of the specialized bureaus. They shall be delegated fully to work in the Commission for one term of five years, for only one 5 years long term. The Commission shall be headed by the oldest member of the Deputy Presidents of the Court of Cassation.
The Commission may employ whom it believes necessary from public figures, specialists and experts in the field of elections.
Members affiliated to the National Elections Commission shall be responsible for the voting and counting processes in the referendums and elections managed by the Commission. Safeguards shall be taken to ensure the members integrity and independence under the general supervision of the Commission.
With the exception of these members, members of the judicial authority shall be responsible for the voting and counting processes for a period of 10 years, starting from the date this constitution takes effect, and all of that in the manner prescribed by law.
The Supreme Administrative Court shall adjudicate on appeals on the decisions of the National Elections Commission regarding referendums, Parliamentary and Presidential elections and their results, and the appeals on the local elections shall be in front of the Administrative Court.
The Independent Bodies
The Supreme Bureau of Endowment Affairs
The Supreme Bureau of Endowment Affairs shall organize public and private endowment foundations. It shall also ensure sensible economic management of the endowments, supervise and monitor them, and spread the culture of endowments in society.
The Supreme Bureau for Heritage Conservation
The Supreme Bureau for Heritage Conservation shall be concerned with organizing protective means for the civilizational, urban and cultural Egyptian heritage. It shall also supervise the ways of its collection, preserve its assets, promote it and revive its contributions in the human civilization.
The Independent Bodies for Media and Journalism
The National Council for Audio-visual Media shall organize the affairs of radio and television broadcasts and supervise them. The National Council for Press shall organize printed, digital and other press and supervise them.
Both Councils shall work together to ensure the freedom of media, in its various forms, its development, plurality and diversity and prevent the concentration or monopoly of media. They shall also protect the interests of the public, the media and ensure media institutions commitment to ethics, the preservation of the Arabic language and the values and principles of society.
The National Council for journalism and Audio-visual Media shall organize the affairs of radio and television broadcasts and printed, digital and other journalism and supervise them. The council shall ensure the freedom of media, in its various forms, its development, plurality and diversity and prevent the concentration or monopoly of media. It shall also protect the interests of the public, the media and ensure media institutions commitment to ethics, the preservation of the Arabic language and the values and principles of society.
The National Bureau for Press and Media shall manage and develop the State-owned press and media institutions. It shall also manage their assets, maximize the national investment and ensure the commitment to perform in professional, administrative and sensible economic patterns.
Concluding and Transitional Provisions
Amending the Constitution
Each of the President and the People's Assembly is entitled to request amendment to one or more of the constitution articles. Such request must mention the articles requested to be amended and the justification for such amendment. In the event the amendment request is issued by the People's Assembly, it must be signed by one fifth of the members.
In all cases, the Parliament discusses the request for amendment within 30 days for the day of its reception and issues a decision, with the majority of the members of each Chamber, either accepting the amendment request fully or partially or rejecting it. If the request is rejected, the same articles cannot be re-requested for amendment before the next term.
If the Parliament approves the request to amend the constitution, it shall discuss the articles requested to be amended after their drafting by the competent committee within sixty days from the date of such approval. If the two thirds of the Parliament members approve the amendment, it shall be presented to the people for referendum thereon within thirty days from the date of such approval.
If the amendment includes more than one article, the referendum shall be on each article separately, and the amendment shall be in force from the date of the referendum approving it.
The Constitution may not be amended before the lapse of five (ten) years from the date of its application. In no event may the basic constituents or rights and freedoms stated under the constitution be amended except for the purpose of granting more rights and freedoms.
The principles of the Islamic Shari'a include its [Sharia's] general sources [Qur'an, Prophet's Sunna/sayings and actions, consensus, reasoning from analogy], the principles and maxims of its [Sharia's] theoretical and practical jurisprudence, and its reliable and authoritative sources in Sunni [orthodox] legal and theological reasoning.
The city of Cairo is the State capital and may be moved to any other place by a law.
The law determines the State's flag, emblem medals, badges, seal and national anthem, and they must be respected and may not be disdained.
All provisions stated by laws and regulations prior to the issuance of the Constitution remain valid and in force with due regard and without violation or contradiction with the provisions of the Constitution.
And they may not be amended or cancelled except pursuant to the rules and procedures stated by the Constitution.
Laws shall be published in the Official Gazette within fifteen days from the date of its issuance ad shall be applicable after thirty days from date following the day of its publishing, unless another date is determined.
The provisions of the laws are not applicable except for matters occurring from the date they are in force and do not cause consequences retroactively. Only in criminal and taxation articles may the law state otherwise except by the consent of two thirds of the People's Assembly.
This Constitution is applicable from the date of announcement of consent of the people thereto by referendum.
The term of the present President ends by the lapse of four years from the date of his election as president, and in no event may he occupy this position for another term.
The Administrative Supervisory Authority and other relevant authorities combating corruption shall be joined to the National Commission (Central Authority) for Corruption Combat.
Supreme Elections Committees, present on the date of application of this Constitution, assume supervision on the first coming parliamentary elections and the assets of this committee and the Supreme Presidential Elections Committee devolve to the National Elections Commission once formed.
People's Assembly elections occurring after application of the constitution shall be regulated by…. proportional list system and …… individual system.
Specialized national councils shall be cancelled and its assets shall devolve to the Economy and Social Council and the administrative entity employees shall be transferred to these councils on their same employment positions.
1: Text between […] is added by translator.
2: The phrase in unclear in Arabic, whether the President is obliged to name whoever the House “suggests” or he has the power to reject its nominations. It is a crucial phrase, which decides who is more powerful in such dispute, the President or the Parliament.