Below is The Cairo Post’s translation of the constitutional amendments adopted by the 50-member committee on Dec. 1, which was referred to the president and will be put to a general referendum at the end of December for adoption. This translation includes the complete parts one through four and the first two chapters of part five.
Contents:
Preamble
Constitution: Preamble
This is our constitution.
Egypt is the gift of the Nile River to Egyptians, and Egypt is the gift of Egyptians to humanity.
Egypt, with the genius of its location and history, is Africa’s outlet to the Mediterranean Sea and the estuary of the Nile, the greatest river of the continent.
The Arab Republic of Egypt, with the genius of its location and history, is the heart of the entire world. It is the junction of the world’s civilizations and cultures, and the crossways of its communications and marine transportation.
This is Egypt. An eternal homeland for Egyptians and a message of peace and love for all peoples.
At the beginning of history, human conscience dawned inside the hearts of our great ancestors. Their benevolent will united and they established the first centralized state that regulated and organized the lives of the Egyptians on the banks of the Nile. They created the most wonderful marvels of civilization. Their hearts had contemplated the sky before the Earth recognized the three monotheistic religions.
Egypt is the cradle of religion and the symbol of the glory of the Abrahamic religions.
Moses grew up on Egyptian land where the divine light appeared to him and where God’s message was revealed to him.
Egyptians embraced the Virgin Mary and her newborn, then sacrificed thousands of martyrs in defense of the Church of Christ.
When the last of the prophets, Mohamed, Peace Be Upon Him, was sent to all people to perfect morality, our hearts and minds opened up to the light of Islam. We have been the best soldiers on earth for jihad in the cause of God and have spread the message of truth and religious sciences across the world.
This is Egypt, a homeland in which we live and which lives inside of us.
In the modern age, minds enlightened and humanity matured; nations advanced in the path of science, holding the mottos of freedom and equality. Mohamed Ali established the modern state of Egypt, founded by a national army. The son of Al-Azhar Rifa’a al-Tahtawi called for a homeland that is “a place for happiness shared between its children.” We Egyptians struggled to catch up with progress. We offered martyrs and sacrifices in many upheavals, uprisings, and revolutions until our national army responded to the tremendous popular will in the revolution of January 25 to June 30 that called for freedom, human dignity, social justice and the restoration of Egypt’s independent will.
This revolution is an extension of a path of national struggle represented by Ahmed Orabi, Mostafa Kamel and Mohamed Farid, and culminates two great revolutions in our modern history:
- The revolution of 1919, which removed British protection from the Egyptians’ shoulders and established the principle of citizenship and equality among the people of the national community. The leader of the revolution, Saad Zaghloul, and his successor Mustafa al-Nahhas, pursued democracy with the motto, “right is above power and the nation is above the government.” Meanwhile, Talaat Harb laid the foundation stones of the national economy.
- The revolution of July 23, 1952, which was led by the eternal leader Gamal Abdel Nasser and embraced the popular will. The evacuation of occupying troops and the generations’ dream of independence came true. Egypt opened up to the Arab nations, the continent of Africa, and the Islamic world. It supported liberation movements across continents and walked at a steady pace on the road to development and social justice.
This revolution is an extension of the revolutionary path of Egyptian nationalism and an affirmation of the most trustworthy handhold between the Egyptian people and the national army, which has borne the trust and responsibility of protecting the homeland. Thanks to the army, we achieved victory in our major battles since we defeated the tripartite aggression in 1956 until the defeat of defeat with the glorious victory of October 1973, which granted President Anwar Sadat a special place in our recent history.
The revolution of January 25 to June 30 is unique amongst the major revolutions in the history of humanity because of the massive popular participation, estimated to be tens of millions of citizens.
It is also unique because of the prominent role of young people looking forward to a bright future. The masses bypassed classes and ideologies and headed towards expansive national and human horizons in the protection of army to the people and with the blessing of Al-Azhar and the national Church. It is unique with its peacefulness and ambition to achieve freedom and social justice.
This revolution is a sign and a good omen. It is a sign to a past that is still present and an omen for a future aspired to by all of humanity.
The world is about to fold the final pages of the age of adulthood, which has been torn by conflicts of interests between the east and the west, the north and the south, and has witnessed conflicts and wars between classes and peoples. The dangers that threaten human existence and life are increasing on Earth upon which God granted us succession to authority. Humanity aspires to move from the age of adulthood to the age of wisdom so as to build a new humane world where truth and justice prevail and where freedoms and human rights are protected. We Egyptians view our revolution as a return to our contribution in writing human history.
We believe that we can draw inspiration from the past, spur the present on and make our way to the future. We can revive our homeland and rise. We believe that every citizen is entitled to live on this land in peace and security and to make the most of his present and future.
We believe in democracy as a means to the future and a way of life. We believe in political plurality, peaceful devolution of power and affirm the right of the public to make its own future. The public, alone, is the source of authority. Freedom, human dignity and social justice are rights of every citizen. We, as well as the generations to come, enjoy sovereignty in a sovereign home.
We now write a constitution that embodies the generations’ dream of a prosperous, cohesive society and a just state that achieves the aspirations of the present, the future and the entire society.
We now write a constitution that completes the establishment of a modern democratic state with civil rule. We write a constitution to close the door to any corruption or tyranny and to heal the wounds of the past from the time of the ancient Eloquent Peasant to the victims of negligence and the martyrs of the revolution in our present time. We write a constitution to spare our people from the injustice suffered for so long, especially as some segments of society were subject to many injustices due to their cultural identity or geographic location, such as the people of Nubia, Upper Egypt, Sinai and the oases.
We write a constitution that affirms that the principles of the Islamic Sharia law form the primary source of legislation, as stated[1] in the provisions of the Supreme Court, which is the only competent authority eligible to interpret the constitutional articles.
We write a constitution that opens the way to the future and is consistent with the international human rights law which we participated in writing and ratified. We see the richness of the sources of legislation and they open up prospects for progress ahead of us.
We write a constitution that safeguards our freedoms and protects the nation from all that threatens it or its national unity. We write a constitution that brings equality in rights and duties with no discrimination.
We are female and male citizens, we are the Egyptian people, masters in a sovereign home, this is our will, and this is the constitution of our revolution.
This is our constitution.
Part One: The state (Art. 1 – 2)
Part Two: Basic principles of society
Chapter One: Social principles (Art. 7 – 26)
Chapter Two: Economic principles (Art. 27 – 46)
Chapter Three: Cultural principles (Art. 47 – 50)
Part Three: Rights, freedoms and public duties (Art. 51 – 93)
Part Four: The rule of law (Art. 94- 100)
Part Five: Governance
Chapter One: Parliament (Legislative authority) (Art. 101 – 138)
Chapter Two: Executive authority
Section One: The president of the republic (Art. 139 – 162)
Section Two: Government (Art. 163 – 174)
Section Three: Local administration (Art. 175 – 183)
Chapter Three: Judicial authority
Section One: General provisions (Art. 184 – 187)
Section Two: Judiciary and public prosecution (Art. 188 – 189)
Section Three: State council (Art. 190)
Section Four: The Supreme Constitutional Court (Art. 191 – 195)
Forthcoming:
Section Five: Judicial bodies (Art. 196-197)
Section Six: Attorneys (Art. 198)
Section Seven: Experts (Art. 199)
Chapter Four: Armed Forces and police
Section One: Armed Forces (Art. 200-202)
Section Two: National Defense Council (Art. 203)
Section Three: Military court (Art. 204)
Section Four: National Security Council (Art. 205)
Section Five: Police (Art. 206)
Chapter Five: The National Commission for Elections (Art. 208 – 213)
Chapter Six: Supreme council for the organization of the media (Art. 211 – 213)
Chapter Seven: National councils
Section One: The national councils (Art. 214)
Section Two: Independent and regulatory bodies (Art. 215-220)
Part Six: General and transitional provisions (Art. 221 – 247)
Constitution: Part One
Part One: The State
Article 1
The Arab Republic of Egypt is a sovereign state, united, indivisible and inalienable. Its governance system is democratic and based on citizenship and the rule of law.
The Egyptian people are part of the Arab world, work toward its integration and unification. Egypt is a part of the Islamic world, belongs to the African continent, proud of its Asian reach and participates in the building of human civilization.
Article 2
Islam is the religion of the state and Arabic its official language. Principles of Islamic Sharia are the principal source of legislation.
Article 3
The canon principles of Egyptian Christians and Jews are the main source of legislation for their personal status laws, religious affairs, and the selection of their spiritual leaders.
Article 4
Sovereignty is for the people alone and they are the source of all authority. The people shall exercise and protect this sovereignty and safeguard national unity, which is based on the principals of equality, justice and equal opportunities for all citizens in the manner specified in the constitution.
Article 5
The political system is based on the principles of political multi-party pluralism, peaceful transfer of power, separation of powers, the balance between them, the correlation between responsibility and power and respect for human rights and freedoms; all in the manner specified in the constitution.
Article 6
Nationality is a right to those born to an Egyptian father or mother, legal recognition and official documents proving their personal data is a right safeguarded and regulated by law.
The law defines the terms of nationality acquisition.
Constitution: Part Two
Part Two: Basic principles of society
Chapter One: Social principles
Article 7
Al-Azhar is an Islamic, scientific and independent institution, with exclusive autonomy over its own affairs; it is the basic reference in religious sciences and Islamic affairs, responsible for preaching Islam, theology and the Arabic language in Egypt and the world. The state shall ensure sufficient funds for Al-Azhar to achieve its objectives.
The post of Al-Azhar Grand Sheikh is independent and cannot be dismissed. The method of appointing the Grand Sheikh from among members of the Senior Scholars is to be determined by law.
Article 8
Society shall be based on social solidarity. The state shall ensure the achievement of social justice and shall provide means of social solidarity in a way that guarantees a decent life for all citizens within the context of the law.
Article 9
The state is committed to achieve equal opportunities for all citizens without discrimination.
Article 10
Family is the basis of society and is founded on religion, morality and patriotism. The state is keen to preserve its cohesion and stability, and to protect its moral values.
Article 11
The state is committed to achieve gender equality in all civil, political, economic, social and cultural rights in accordance with the provisions of the constitution.
The state shall endeavor to take measures to ensure an adequate representation of women in the parliamentary assemblies, as determined by law. The state shall ensure the right of women to hold public and senior management posts of the state and ensure the designation of women in the judicial bodies and authorities with no discrimination against them.
The state is committed to protect women against all forms of violence and to ensure the empowerment of women to reconcile family duties and work requirements.
The state is committed to providing care and protection for women as mothers and breadwinners, the elderly, and those who suffer from poverty.
Article 12
Work is a right, duty and honor guaranteed by the state. There shall be no forced labor except in accordance with law. To perform a public service, for a specified period and a fair wage and without prejudice is the basic right of workers.
Article 13
The state shall protect the rights of workers, endeavor to set balanced working relations between the two sides of the production process, ensure means of collective bargaining, and endeavor to protect labor from occupational hazards, ensure the application of terms of safety, security and vocational health as prescribed by law.
Article 14
Public sector employment is the right of all citizens on basis of merit, without nepotism or mediation. Public sector employees shall work in the service of the people and the state shall ensure their rights, protection and the fulfillment of their duties in taking care of the interest of people.
Workers may not be dismissed without disciplinary procedures except in the cases prescribed by law.
Article 15
Peaceful protests are a right regulated by law.
Article 16
The state shall honor martyrs and support those injured in revolutions, war veterans, war injured, and the families of those missing at in action and similar cases.
The state shall support injured security personnel, their spouses, dependants and parents and work on providing them with job opportunities as prescribed by law.
The state shall support the contribution of civil society organizations in achieving these goals.
Article 17
The state is committed to providing social insurance services. Social security is a right for every citizen who does not have social insurance in a way that guarantees a decent life in case he is not able to earn his living for himself and his family, or in case of aging, disability or unemployment.
The state is committed to providing suitable pensions to small farmers, agricultural workers, fishermen and unregulated employers, as regulated by law.
Pensions and insurances are private funds, and are protected like public funds. Pensions and insurances, and their revenues, are a right to their beneficiaries. They shall be invested safely, and run by independent organizations in a manner regulated by law. The state guarantees pensions and insurances funds.
Article 18
Integrated health care is a right for every citizen according to the standards of quality. The state shall ensure the preservation and support of public health services, and raise their efficiency and equitable geographical distribution.
The state is committed to allocating a proportion of governmental spending for health of not less than three percent of gross national product, rising gradually until it reaches global averages.
The state is committed to establish a comprehensive system of health insurance for all Egyptians, covering all diseases. The law shall regulate citizens’ participation or exempt them according to their income levels. The law criminalizes refraining from providing various forms of treatment for each person in case of emergencies or life-threatening injuries.
The state is committed to improve the conditions of doctors, nursing staff and workers in the health sector. The state shall control all health facilities, products, materials, and means of publicity related to health. The state encourages the participation of both the private and the civil sector in health care services, as regulated by law.
Article 19
Education is a right to every citizen. The aim of education is to build the Egyptian character, preserve the Egyptian identity, provide a solid ground in the scientific method, develop talents, encourage innovation, and establish cultural and spiritual values and the concepts of citizenship, tolerance and non-discrimination. The state is committed to consider its objectives in educational curricula and methods and provide them according to international standards of quality.
Education is compulsory until the end of high school or its equivalent. The state guarantees education free of charge at its various stages in the educational institutions of the state, as regulated by law.
The state is committed to allocating a proportion of governmental spending to education of no less than four percent of the gross national product, rising gradually until it reaches global averages.
The state ensures that all schools and public and private institutes are committed to educational policies.
Article 20
The state is committed to encourage, expand, and develop technical education and vocational training, according to international standards of quality and the needs of the labor market.
Article 21
The state shall ensure the independence of universities and scientific and language academies. The state will provide higher education according to international standards of quality, develop academic education, and ensure education is free of charge at universities and institutes of the state in accordance with the law.
The state is committed to allocating a proportion of governmental spending for higher education of no less than two percent of the gross national product, rising gradually until it reaches global averages.
The state shall encourage the establishment of civil universities, which are non-profit organizations. The state is committed to ensure the quality of education in private and civil universities and their commitment to international standards of quality and the preparation of their cohorts of teaching staff members and researchers. The state is committed to ensuring these institutions allocate a sufficient proportion of their revenues to the development of the educational process and research.
Article 22
Teachers, teaching staff and their colleagues are the foundation of education. The state guarantees the development their scientific and professional skills. The state will care for their physical and moral rights in a way that guarantees the quality of education and the achievement of its objectives.
Article 23
The state guarantees the freedom of scientific research, and considers its institutions as a means to achieve national sovereignty and build the knowledge economy. The state sponsors researchers and inventors, allocating a portion of government spending of no less than 1 percent of the gross national product, which should gradually increase to meet international standards.
The state guarantees effective ways of contributing to scientific research for both private and public sectors as well as Egyptians’ contributions from outside in achieving a renaissance in scientific research.
Article 24
Arabic Language, religious education, and national history are fundamental subjects in every stage of education before higher education, whether public or private. Universities should work on teaching human rights, values, and professional morals in all different specializations.
Article 25
The state is committed to creating a comprehensive plan to end spelling and digital illiteracy among citizens of all ages. The state is committed to executing this with NGOs’ cooperation according to a definite timetable.
Article 26
Titles of nobility are forbidden.
Chapter Two: Economic principles
Article 27
The economic system aims to reach prosperity in the country through continual development and social justice in a way that guarantees raising the rate of growth of the national economy, raising the standard of living, increasing job opportunities, reducing unemployment rates and ending poverty.
The economic system commits to transparency and good governance standards, supporting competition, encouraging investment and banning monopoly, bearing in mind financial and commercial balance and a fair tax system, adjusting market mechanisms, securing different types of property and balance between the interests of different sides in a way that keeps the rights of workers and protects consumers.
Article 28
Production, service and information-based economic activities are the main bases of the national economy. The state commits to protecting them, increasing competition and providing an atmosphere of good investment. The state also works on increasing production, encourages exporting and organizes importing. The state gives special importance to medium and small projects in all fields and works on organizing and qualifying the unofficial sector.
Article 29
Agriculture is a fundamental element of the national economy. The state commits to protecting and increasing farmland and criminalizes assaults on it. The state commits to developing rural areas, raising the standard of living of their population and protecting them from environmental risks. The state is responsible for developing agricultural and animal production and encourages industries based on them. The state commits to providing required equipment for agricultural and animal production and buying essential crops at a suitable price that provides the farmer a margin of profit, in coordination with the agricultural unions and associations. The state commits to allocating a percentage of reclaimed lands to young farmers and graduates, and to protect farmers from exploitation. All of this is shall be regulated by law.
Article 30
The state is committed to protecting fisheries, supporting fishermen, and enabling them to conduct their business without causing harm to the environment. All of this will be in a manner regulated by law.
Article 31
Cyberspace security is a fundamental element of the economy and national security. The state is responsible for taking necessary procedures to protect it, in a manner regulated by law.
Article 32
The state’s natural resources are owned by the people. The state is committed to protecting these resources, using them properly, not depleting them, and taking into account the next generation’s right to them.
The state is committed to working on the optimal use of renewable energy sources, stimulating investment in them, and encouraging scientific research related to them.
The state shall work on encouraging the production of raw materials and increasing their added value in accordance to economic feasibility.
Natural resources may not be at the disposal of state-owned property. The right to use natural resources or commit them to the public use under the law shall not exceed a period of 30 years.
The state grants the right to use quarries, small mines, and saltworks. The commitment of public use shall not be granted for over a period of 15 years in accordance to law.
The law determines the regulation and disposition of privately-owned property, as well as the policies and procedures that regulate it.
Article 33
The state protects the three types of property: public, private, and mutual.
Article 34
Public property is inviolable, cannot be compromised, and must be protected in accordance with the law.
Article 35
Private property is safeguarded and has the right to be inherited. Custodianship cannot be imposed upon it except in specific cases according to law or court order. Property ownership cannot be removed unless it is for public benefit and for fair compensation paid in advance and according to the law.
Article 36
The state shall motivate the private sector to fulfill its social responsibility in serving the national economy and society.
Article 37
Mutual property is safeguarded; the state sponsors cooperatives, and the law provides protection, support, and ensures its independence. It is not permitted to dissolve mutual property or its administration other than through a court verdict.
Article 38
Taxes and other public costs aim to develop state resources and achieve social justice and economical development.
General taxes are only issued, amended and abolished by law. Amnesty from taxes can only be permitted by law. Taxes can only be assigned for someone to pay according to the law.
In enforcing taxes, it must be taken into account that they must be from multiple sources. Progressive taxes are to be enforced on personal income with various slides according to a person’s ability to pay. The tax system encourages economic activities and their role in economic, social and cultural development.
The state is committed to improving the taxation system and adopting new systems that achieve efficiency and convenience in collecting taxes. The law determines the methods and tools for the collection of taxes, fees, and other sovereign proceeds, and how these will be entrusted to the State Treasury. Paying taxes is an obligation, and tax evasion is a crime.
Article 39
Saving is a national duty protected, encouraged, and guaranteed by the state, and organized according to the law.
Article 40
The confiscation of public funds is prohibited. The confiscation of private funds is only permitted by a court order.
Article 41
The state is committed to implementing a demographic program that aims to achieve a balance between the population growth rates and the available resources by increasing investment in human power and improving its characteristics under the framework of achieving sustainable development.
Article 42
Laborers have a share in their projects’ management and profits. They are obliged to develop the production and implementation of the plan of their productivity, according to the law. Preserving the means of production is a national duty. Labor representatives in public sector boards of directors must reach a ratio of 50 percent of elected members and be represented in the boards of public sector companies, according to the law.
The law shall organize the representation of farmers who own small lands and artisans who own small industrial institutes with a ratio that no less than 80 percent in the boards of directors of agricultural cooperatives and industrial and craft associations.
Article 43
The state is committed to protecting, developing and preserving the Suez Canal, being an international waterway owned by the state. It is also committed to developing the Canal region because it is considered an important economic center.
Article 44
The state is committed to protecting the Nile River, preserving Egypt’s historical rights related to it, rationing its use, optimizing its benefits, and not wasting or polluting its water. The state is committed to preserving underground water and taking measures to achieve water security for the state. The state shall also support scientific research in this particular matter. Every citizen’s right to benefit from the Nile is guaranteed by the state. It is forbidden to encroach upon the Nile or to harm the Nile’s environment. The state is committed to removing any encroachments on the river, according to the law.
Article 45
The state is committed to protecting its shores, seas, waterways, lakes and nature reserves. It is forbidden to encroach upon, pollute, or use these areas in a way against its nature. All citizens have a right to these resources. The state is committed to protecting and increasing green areas in urban environments, and protecting livestock, plant resources and fisheries. It shall also protect endangered species and animal welfare, according to regulation by the law.
Article 46
Every citizen has the right to live in a clean, healthy environment, and protecting this environment is a national duty. The state shall take all necessary measures to protect it, making sure it is not harmed, that its natural resources are rationed in a way that achieves continued prosperity and preserves the rights of next generation to it.
Chapter Three: Cultural principles
Article 47
The state commits to preserving Egyptian cultural identity with its many branches of diverse civilizations.
Article 48
Culture is every citizen’s right. The state is committed to making cultural material of all kinds available to all sectors of society, without discrimination against geographic distances or financial abilities of different citizens. Remote areas must be a priority for the state, in regards to promoting culture, as well as the sectors that are in specific need of this. The state must encourage translation to and from Arabic.
Article 49
The state is committed to protecting and preserving antiquities, taking care of areas of antiquities, maintaining and restoring them; also state is committed to reclaim stolen antiquities and regulate and supervise archaeological excavations.
It is forbidden to give, exchange, or damage antiquities; trafficking in antiquities is a crime for which there shall be no statute of limitations.
Article 50
Egypt’s civilizational, cultural, material, and moral legacy-in all its diversity and periods, with its ancient Egyptian, Coptic, and Islamic aspects- is a national and human treasure and the state is committed to preserving it.
The state shall also preserve and protect Egypt’s contemporary cultural heritage in all its diversity, whether literary, architectural, or artistic. Suppression of any of aforementioned is a crime, and shall be punishable by law. The state is also to protect components of cultural pluralism in Egypt.
Constitution: Part Three
Part Three: Rights, freedoms and public duties
Article 51
Dignity is a right for every human being. It is forbidden to impinge upon human dignity. The state is committed to respect and protect it.
Article 52
The statute of limitation is not applicable to all forms of torture crimes
Article 53
Citizens are equal in front of the law. They have equal rights, freedoms and duties. No discrimination among citizens is allowed, whether due to religion, belief, gender, origin, race, color, language, disability, social class, political orientation, or any other reason.
Discrimination and inciting hatred is a crime punishable by law. The state is committed to take the necessary actions to eliminate all kinds of discrimination. The law organizes the establishment of an independent commission for this reason.
Article 54
Personal freedom is a natural right. It is guaranteed and cannot be impinged upon. Except in the case of flagrant delicto, it is forbidden to arrest, search, imprison or restrict the freedoms of any person unless there is a judicial order.
Anyone whose freedom is restricted must be immediately informed of the reasons. He/she must be informed of his rights in written form. He/she must be enabled to contact his family and lawyer immediately. Within 24 hours after restricting his/her freedom, a person must be refereed to investigation authorities.
Interrogation must not start except in the presence of the suspect’s lawyer. If the suspect does not have a lawyer, authorities must delegate one. The necessary help for disabled persons should be provided in accordance with the legal procedures.
Anyone whose freedoms may be restricted has the right to challenge this decision in front of the judiciary. The challenge must be tackled within a week of their arrest; otherwise a person must be immediately released.
The law organizes the roles of remand, its periods, reasons and the cases that deserve to be compensated by the state after remand or for serving a penalty after a final acquittal sentence is issued.
In all cases, it is forbidden to prosecute a defendant without his lawyer when accused of a crime that does not allow remand.
Article 55
Everyone who is arrested, remanded or imprisoned must be treated in a way that safeguards his/ her dignity. He/she cannot be tortured, frightened, coerced, or physically or psychologically hurt. He/ she cannot be held or imprisoned except in places dedicated for imprisonment, and in humane and sanitary conditions. The state is committed to make available the needs of disabled persons.
The defendant has the right to remain silent. Every saying proved to be declared under one of the previously mentions situations or threatening of them does not legally count.
Article 56
Prison is a place for reform and rehabilitation
Prisons and detention places are supervised by the judiciary. Anything against human dignity or that endangers health is prohibited.
The law organizes the roles of reforming and rehabilitation of the convicted. It also organizes the facilitation of a decent life for them after release.
Article 57
Private life is sacred and cannot be violated.
Mail, telegraphs, emails, phone calls and other communication means are inviolable; their secrecy is guaranteed, it cannot be prevented or monitored except after a judiciary order, and for limited time for clear reasons in accordance with the law.
The state is committed to protect citizens’ rights to use all means of public telecommunications. Means of communication cannot be suspended or halted. Citizens cannot be forcibly prevented from communication means. The law organizes this.
Article 58
The privacy of homes is inviolable. Except in case of danger or distress, it is forbidden to raid homes, search, monitor or tap them without judiciary order and for clear reasons. The judiciary order must define the place, timing, and reason to tap, monitor or raid in accordance with the law. Whoever is residing in the house should be alerted when entering for searching, and must be allowed to see the judiciary order.
Article 59
A safe life is the right of every human being. The state is committed to provide security and safety to its citizens and whoever resides on its lands.
Article 60
The human body is sacred. Assaulting, distorting, or mutilating it is a crime. Organ trafficking is forbidden. It is not allowed to use human bodies for medical or scientific experimentation without the documented approval of the person. This should happen according to the fundamental basics of medical sciences and as regulated by the law.
Article 61
Donating human organs is a humanitarian gift. Every human being has the right to donate his/her organs during his/ her life or after death, based on a documented approval or will. The state is committed to adopt a process to regulate donating and implanting organs according to a law.
Article 62
The freedom to move, reside and migrate is guaranteed.
It is forbidden to deport any citizen from the state, or prevent him from return.
It is forbidden to prevent a citizen from leaving the country, order house arrest or prevent him/her from residing in some place except after a judiciary order and for a limited time according the law.
Article 63
Arbitrary forced displacement is forbidden in all its forms. Violating this is a crime with no statute of limitation.
Article 64
Freedom of belief is guaranteed. Freedom of practicing religious rituals and building worship places for the Abrahamic religions (Islam, Christianity, Judaism) is a right regulated by the law.
Article 65
Freedom of opinion is guaranteed. Every human being has the right to express his/her opinion in speech, writing, photography or any other means of expression and publication.
Article 66
Freedom of scientific research is guaranteed. The state is committed to sponsor researchers and inventors. The state is also committed to protect the inventions and work upon application.
Article 67
Freedom of artistic creativity is guaranteed and the state is committed to aid the development of arts and literature and to protect creative people and their artworks, and provide the necessary means for encouraging creative people.
It is forbidden to file a lawsuit to stop or confiscate a work of art, literature or an intellectual work or to file a lawsuit against the aforementioned creators except through the public prosecution. It is also forbidden to issue a verdict of imprisonment for crimes regarding publishing or displaying artistic, literature or intellectual works, but the penalties of crimes regarding inciting violence, discrimination between citizens or spreading false rumors/accusations about citizens are identified according to legal regulations.
The court is entitled to oblige the convicted to compensate the aggrieved for the crime, in addition to the original compensation owed to him due to the harm the crime caused to the aggrieved, according to regulations of the law.
Article 68
Information, data, statistics and official records are a public property; their disclosure from various sources is every citizen’s right and is guaranteed by the state. The state is also obligated to make it available to citizens clearly; the law regulates making it available, whether it is classified or not, the rules of filing them. The law also regulates the procedures of complaint for not allowing people to have access to them. In addition, the law regulates the penalty for withholding information or giving false information deliberately.
The institutions of the government are committed to filing documents after the period of work with them is completed to the National Archives authority. The state is also committed to protect documents and prevent them from being corrupted or lost using all the means of modern technology. Also documents are to be preserved by restoration and digitalization, according to the law.
Article 69
The state is committed to protect Intellectual Property Rights (IPR) in all aspects and in all fields, and a specialized authority for protecting IPR and caring for them is to be established by the state, and the law regulates it.
Article 70
Freedom of journalism, printing, press, visual and audio media rights are guaranteed by the state. Egyptian citizens, legal officials, whether public or private, have the right to own and publish newspapers and establish visual, digital or audio media.
A newspaper is published as soon as a notification is issued as legal regulations state. The law also regulates the procedures for establishing and owning broadcasting stations in addition to electronic newspapers.
Article 71
It is forbidden to in any way censor newspapers and Egyptian journals or media. It is also forbidden to confiscate newspapers, suspend them or to close them. However, they may be censored at times of war or public mobilization.
It is forbidden to issue a verdict of imprisonment for crimes regarding publishing information, but the penalties for crimes regarding inciting violence, discrimination between citizens or spreading false rumors/accusations about citizens are identified according to legal regulations.
Article 72
The state is committed to preserving the independence of journalism and media institutions and their affiliates, in order to guarantee neutrality so that all points of view, political, intellectual trends and social interests are represented. This guarantees equality and equal opportunity to address public opinion/the public.
Article 73
Citizens have the right to organize public meetings, processions, demonstrations and all forms of peaceful protests under the condition that they are unarmed in any way. They are entitled to do so after notifying authorities according to the regulations of the law.
The right to organize private meetings is guaranteed, without the need to notify authorities prior, and security forces are not entitled to attend or spy on such meetings.
Article 74
Citizens are entitled to form political parties by notification, regulated by the law. It is illegal to form political parties on religious bases, or based on discrimination according to gender, race or according to sectarian or geographical bases. It is also illegal to form political parties with anti-democratic or secret activities, or parties with a military or militant nature.
Political parties are not to be disassembled except after a court order is issued.
Article 75
Citizens have the right to form non-governmental organizations (NGOs) and civil institutions on democratic bases. These shall have the legal standing as soon as notification is submitted.
These organizations are entitled to practice their activities freely without interference from administrative bodies, and without disassembling them or their board of directors or their board of trustees unless there is a court order to do so.
It is forbidden to establish organizations or continue having institutions that have a military nature or secret activities according to legal regulations.
Article 76
Syndicates and unions are to be established according to democratic foundations, based on the law. They shall have the legal standing, and they shall practice their activities freely. These unions and syndicates are responsible for developing their members’ skills and defending their rights and protecting their interests.
The state guarantees the independence of syndicates and unions. It is forbidden to disassemble them except according to a court order, and it is forbidden for governmental authorities to establish any of these.
Article 77
The law regulates establishing professional syndicates and managing them on democratic bases. The law also guarantees their independence, defines their resources and the way its members are registered in them, and investigating their means of performing their jobs according to ethical, professional and conduct codes.
It is permissible to have only one syndicate per profession, and it is forbidden to have guardians over these or the interference of administrative authorities in syndicates’ work. Disassembling these syndicates is illegal. The syndicates’ opinion is taken into account regarding drafting of laws addressing these syndicates.
Article 78
The state guarantees every citizen’s right to have a proper, safe and healthy place to live in, in a way that preserves citizens’ dignity and achieves social justice.
The state is committed to set a national plan for housing that puts into consideration the environment. The state will also sponsor private and cooperative initiatives for the implementation of the government’s plan. The state is also responsible for use of its land and providing it with basic utilities for the complete urban planning for cities and villages, and to distribute the population properly in a way that achieves public welfare, improve citizens’ quality of life and preserve future generations’ rights.
The state is also committed to put a comprehensive national plan to address the problem of slums, including re-planning, and the provision of infrastructure and facilities, improving the quality of life and public health, and ensuring the provision of the necessary resources for implementation during the specified period of time.
Article 79
Every citizen is entitled to healthy and sufficient food and clean water. The state secures food resources for all citizens and ensures sustainable food sovereignty. The state also ensures preservation of agricultural biodiversity and local plant varieties to preserve the rights of future generations.
Article 80
Everyone below 18 years of age is a child. Every child is entitled to a name, identification documents, free compulsory vaccination, health and family care or surrogate care, basic nutrition, safe haven, religious education and effective and cognitive development.
The state guarantees the rights of disabled children to rehabilitation and reintegration into society.
The state provides child-care and protection from all forms of violence, abuse, ill treatment and sexual and commercial exploitation.
Every child is entitled to early learning at a childhood center up to the age of six years. Child labor is banned before a child completes basic education, and engaging children in potentially hazardous work is also banned.
The state is committed to the establishment of a judicial system for child victims and witnesses. A child may not be held accountable or detained except in accordance with law and for the periods specified therein. The state provides legal assistance for children and may only detain them in suitable places separated from adult detention centers.
The state works to achieve the best interests of children and all actions are taken in that matter.
Article 81
The state ensures the rights of people with dwarfism and disabilities to health, economic, social, cultural, recreational, sports and educational care as well as job opportunities. The state allocates a percentage to help those with dwarfism and disabilities, and is also committed to adapting public utilities and the environment to their conditions to enable them to exercise all political rights and to integrate them with other citizens in line with the principles of equality, justice and equal opportunities.
Article 82
The state guarantees the welfare of youth and young people, and works to discover their talents and develop their cultural, scientific, psychological, physical and creative abilities, encourages teamwork and volunteerism and enables them to participate in public life.
Article 83
The state ensures the rights of the elderly to health, economic, social, cultural and recreational care, and provides suitable pensions that can guarantee the elderly a decent life and participation in public life. The state takes into account the needs of the elderly as it plans public facilities and encourages civil society organizations to participate in the care of the elderly, as regulated by law.
Article 84
Practicing sports is a right. The state and community institutes should guard the talented and take whatever is needed to encourage them to practice sports.
The law regulates the sports’ affairs, the civil entities according to the international trends and how to settle sports’ disputes.
Article 85
Each individual has the right to communicate with the public authorities in a written signed form. The communication cannot be collective except for the legal persons.
Article 86
Guarding national security is an obligation; the commitment to it is a national responsibility granted by the law.
Defending the homeland and protecting its territories is an honor and a sacred duty. Recruitment to the army is mandatory according to the law.
Article 87
Participation in general life is a national duty. Each citizen has the right to elect, run elections as regulated by the law. It is possible to pardon citizens from this duty in certain cases determined by the law.
Article 88
The state is committed to guard the interests of Egyptians abroad, protect them, and guarantee their rights and freedoms. The state is also committed to enable them to fulfill their duties for the state and the community to participate in developing the homeland.
Article 89
All kinds of slavery, possession of human beings, sex trafficking, and other forms of people trafficking are forbidden. The law should regulate this.
Article 90
The state is committed to encourage charity endowments to build and sponsor scientific, cultural, health and social institutions. The state is also committed to grant those institutions’ independence. The endowment should be run according to the terms of its owner as regulated by the law.
Article 91
The state has the right to grant the right to political asylum to any foreigner who has been persecuted due to defending people’s rights, human rights, peace or justice.
Article 92
Rights and freedoms inherent to the citizens’ personality cannot be halted or decreased.
Article 93
The state is committed to the international agreements and conventions on human rights ratified by Egypt; they would have the strength of law after publishing them.
Constitution: Part Four
Part Four: The rule of law
Article 94
Rule of law is the main base of rule in the state and the state submits to the law; independence of judiciary, its immunity and neutrality are basic guarantees for protecting rights and freedoms.
Article 95
Penalty shall be personalized. There shall be no crime or penalty except in accordance with the law. No penalty shall be inflicted except by a judicial sentence and penalty shall be inflicted only for acts committed after a law has come into force.
Article 96
A defendant is innocent until proven guilty in legal trial and granted the right to defend himself; the law regulates appealing felony sentences, state provides protection for victims of crimes, witnesses, defendants and informants where necessary according to the law.
Article 97
The right to litigation is inalienable and guaranteed for all. The state shall guarantee accessibility of judicature for litigants, and rapid decision on cases.
Any stipulation of immunity of any act or administrative decision from the control of the judicature is prohibited. No person shall be tried except before his natural judge; exceptional courts are prohibited.
Article 98
The right of defense in person or by proxy is guaranteed. The independence and the protection of the rights of attorney ensure its right in defense. The law secures, for financially incapable citizens, means to resort to justice and to defend their rights
Article 99
Any encroachment on personal freedom, sanctity of the private life of a citizen or any of the rights and public freedoms guaranteed by the Constitution shall be considered a crime for which criminal and civil lawsuit shall not be forfeited by prescription. The injured party shall have the right to lodge a direct criminal action.
The state shall grant a fair compensation to the victim of such encroachment. The National Council for Human Rights shall inform the Public Prosecution of any violation of these rights, may join the injured party, upon request, in a civil action, all as regulated by law.
Article 100
Sentences shall be issued and enforced in the name of the people and the state shall grant ways of its enforcement as regulated by law.
Abstention from or obstruction of enforcing such sentences on the part of the concerned civil servants is considered a crime punishable by law. In such case, a person issued a sentence in his favor shall have the right to lodge a direct criminal action before the court of contempt. The Prosecution General shall, upon the request of the plaintiff, raise the criminal lawsuit against the abstainer or the obstructer civil servant.
Constitution: Part Five
Constitution: Part Five
Part Five: Governance
Chapter One: Parliament (Legislative Authority)
Article 101
The parliament shall hold the legislative power, and be responsible for approving the general policy of the state, the public plan for economic and social development and the overall budget of the state. It shall exercise control over the work of the executive authority, in the manner prescribed by the constitution.
Article 102
The parliament is formed of no less than 450 members who are elected through a general ballot.
A candidate for parliamentary elections must be an Egyptian citizen, enjoying civil and political rights, holder of a certificate of basic education, and 25 years old or older at the time of candidacy.
Other requirements of candidacy, the provisions for election, the fair representative division of constituencies, shall be defined by law in a way that guarantees fair representation of citizens, governorates and equal representation for voters, regarding electoral systems, individual or list system can be used or the combination of the two systems in any ratio.
The president of the state is entitled to appoint five percent of the members of the parliament and the law defines how they are nominated.
Article 103
Parliament members are to be fully devoted to their offices, with any other job or post kept open for their return, in accordance with the provisions of the law.
Article 104
Prior to the start of his or her tenure, a member shall take the following oath before his or her council: “I swear by Almighty God to loyally uphold the republican system, to respect the constitution and the law, to fully look after the interests of the people, and to safeguard the independence and territorial integrity of the motherland.”
Article 105
Members shall receive a remuneration determined by the law, and if the remuneration was changed, this change is not to be activated until the beginning of the new legislative period next to the one where the change was approved.
Article 106
The term of membership of parliament is five calendar years, commencing from the date of its first session.
Elections for a new parliament shall be held during the 60 days preceding the end of term for the previous parliament.
Article 107
The Court of Cassation decides the validity of membership of members of parliament and appeals are submitted to it in a period that does not exceed 30 days, post the date of announcement of the final results of the election, and gives a final verdict regarding the appeal within 60 days from the date the appeal was issued.
In case the court issues a verdict clarifying that the member’s membership is illegitimate, the verdict is considered valid from the date the parliament is informed with it.
Article 108
If the parliament member’s position became unoccupied before the end of his membership period with six months, he has to be replaced by another member according to the law within 60 days from the parliament’s decision.
Article 109
Throughout his or her tenure, no member of parliament may, in person or through an intermediary, purchase or rent any state property or any public sector companies, lease or sell to or barter with the state any part of their own property, or conclude a contract with the state as vendor, supplier or contractor.
Members shall provide financial disclosures and present them to their council, at the start and at the end of their tenure, as well as at the end of each year.
If, in relation to their membership in parliament, members should receive cash or gifts, such gifts shall go into the Public Treasury. All of the above is subject to regulation by law.
Article 110
It is forbidden to deprive a member from his membership in parliament unless he became not trust worthy or due to the lacking of one of the terms of him being elected or due to him not fulfilling his duties.
The deprivation order will not be activated until two thirds of the parliament members sign on it to validate it.
Article 111
The parliament accepts the resignation of its members, which must be submitted in writing, and must not be submitted after a council has started measures to revoke membership against the resigning member.
Article 112
Members of parliament shall not be held accountable for any opinions pertaining to their tasks in parliament or its affiliated committees.
Article 113
It is prohibited, except in cases of flagrante delicto, to take criminal action against members of parliament in felonies and misdemeanor crimes without prior permission from parliament. If not in session, permission must be granted by the Parliament Office, and the parliament is to be notified at the first subsequent session of any measures taken.
In all cases, if a request for permission to take legal action against a member of parliament does not receive a response within 30 days, the permission is to be considered granted.
Article 114
The seat of the parliament is in Cairo.
However, in exceptional circumstances, the parliament may hold meetings elsewhere, at the request of the president of the republic or one-third of its members.
Any meetings otherwise shall be deemed illegitimate and the decisions passed therein shall be considered void.
Article 115
The president of the republic shall convoke the parliament for its ordinary annual sessions before the first Thursday of October. If not convoked, the parliament is prescribed by the constitution to meet on the mentioned day.
The ordinary meeting session shall continue for at least nine months. The president of the republic shall bring the session to a close with the approval of the parliament, only after the general budget of the state has been adopted.
Article 116
If necessary, the parliament may be called to a special meeting by the president of the republic or upon a request signed by at least 10 members.
Article 117
The parliament shall elect, in the first meeting of its regular annual session, a speaker and two deputy speakers for the full legislative term. If the seat of either becomes vacant, the parliament shall elect a replacement, whose term will last until the end of his/her predecessor and the internal bylaws of the parliament shall determine the rules and the procedures of elections. If a member breaches his commitments, one-third of parliament members could request to revoke the member. Decision on revoking membership shall be issued by a majority of two-thirds of the parliament.
In all cases, it is prohibited to elect the speaker or deputy speakers for more than two successive legislative terms.
Article 118
The parliament shall lay down its own bylaws regulating its work, the manner of practicing its functions and restoring its order, all shall be issued by a law.
Article 119
The speaker of the parliament is authorized to maintain order inside the parliament.
Article 120
The sessions of the parliament shall be held in public.
However, closed sessions may be held at the request of the president of the republic, the Cabinet, the parliament speaker or at least 20 of its members. The parliament shall then decide, by the majority of its members, whether the debate on the question submitted thereto shall take place in public or closed sessions.
Article 121
The meetings of the parliament, and the decisions it passes, shall not be considered valid unless attended by the majority of its members.
In cases other than those stipulating a special majority, decisions shall be adopted based on an absolute majority of the members present. In case of a tie vote, the matter in deliberation shall be deemed rejected.
Passing laws is based on an agreement reached by the absolute majority of the members present and at least one-third of the parliament members.
The agreement of one-third of parliament member shall be reached in order to pass laws supplementary to the constitution. Laws, which are mentioned in the constitution and regulating presidential, parliamentary and municipal elections and elections of political parties, judiciary and other elections affiliated with judicial bodies and authorities and regulating rights and freedoms, are considered supplementary to the constitution.
Article 122
The president of the republic, the Cabinet, and every member of the parliament shall have the right to propose laws.
Every draft law, presented by the government or one-tenth of parliament members shall be referred to a specialist committee of the parliament, which shall study it and submit a report. The committee may consult experts in the related issue.
Draft laws presented by members of parliament shall not be referred to that committee before being first endorsed by the Proposals Committee and approved for consideration by the parliament. Reasons for rejection must be presented if the Proposals Committee does not endorse a proposal for consideration.
A draft law proposed by a member but rejected by the parliament may not be presented again during the same legislative term.
Article 123
The president has the right to issue laws or object to them.
If the president objects to a draft law that was approved by parliament, the draft gets passed to the president. If the parliament does not receive the proposed amendments within 30 days, the law is considered issued and applied. If parliament receives the amendments within 30 days and votes with two-thirds majority, the draft law is considered a law and is issued.
Article 124
The state budget includes all of the state revenues and expenses with no exceptions. The draft budget is to be presented to the parliament 90 days before the financial year starts, and cannot be implemented until after the approval of the parliament on every chapter.
The parliament can modify the expenses in the budget draft except for the expenses that the state is committed to.
If the amendments in the budget draft result in an increase in the total expenditure, then the parliament has to agree with the government on how to provide the sources of revenues to balance. The balance is issued with a new budget law, which can include the appropriate amendments to achieve a balance in the total expenditure.
In all cases, it is not permitted for the draft budget law to include any article that would increase the burden on citizens.
The draft budget law sets out the financial year and how the general budget is prepared and the provisions of the budgets for institutions, public institutions and their accounts.
The parliament must approve the transfer of any amount from one sector to another in the budget. The parliament must also approve every expense that is not stated or any expense that exceeds its allocation, and the approval must be issued in the form of a law.
Article 125
The closing fiscal statement of the general budget has to be presented to the parliament within six months, following the end of the fiscal year. The Central Auditing Organization annual report and its remarks on the closing fiscal statement are to be presented to the parliament.
The budget must be fully approved by parliament, and it is to be issued by law.
The parliament may request any further data from the Central Auditing Organization.
Article 126
The law regulates the basic principles for the collection and distribution of public funds.
Article 127
The executive administration is not permitted to borrow, receive funds, or commit to a project that is not listed in the approved general budget, without the approval of parliament.
Article 128
The law regulates the determination of salaries, pensions, compensation, benefits and bonuses by the state public treasury, and determines the cases of exceptions and the authorities that will enforce them.
Article 129
Every Member of Parliament has the right to ask the Prime Minister, one of his deputies, any of the ministers, or their deputies, questions on any subject within their specialization, and they are committed to answering these questions within the same session.
The member may withdraw his question at any time. Questioning may not be transformed into an inquiry during the same session.
Article 130
Every Member of Parliament has the right to submit an enquiry for the Prime Minister, one of his deputies, any of the ministers, or their deputies, to hold them accountable for anything that falls within their jurisdiction.
The parliament shall discuss the inquiry after at least 7 days from its delivery, for a maximum 60-day duration, except in urgent situations, upon the approval of the parliament and the government.
Article 131
Parliament shall decide to withdraw confidence from the Prime Minister, one of his deputies, any of the ministers, or their deputies. Parliament only has the right to request the withdrawal of confidence after an inquiry, following a motion from at least one tenth of the members of parliament. The parliament shall issue its decision after discussing the inquiry, and may withdraw confidence through a majority vote of the members.
In all cases, withdrawal of confidence cannot take place on a formerly determined issue by the parliament in the same session.
If parliament decides to withdraw confidence from the Prime Minister, one of his deputies, any of the ministers, or their deputies, and the government agrees to the decision before voting, then the government must resign. If the parliament withdraws confidence from any single member of the government, he/she must resign.
Article 132
At least 20 members of the parliament must request the discussion of a general matter, in order to determine the government’s policy regarding the matter.
Article 133
Every Member of Parliament is entitled to present a proposal to the Prime Minister, one of his deputies, any of the ministers, or their deputies.
Article 134
Every Member of Parliament is entitled to present a request or an urgent statement to the Prime Minister, one of his deputies, any of the ministers, or their deputies, in urgent public matters.
Article 135
The parliament can form a special fact-checking committee or inform an existing committee for public matters, or to monitor the activity of an administrative body, a general organization or public projects. This committee is to search for facts in a certain subject and inform the parliament of the financial, administrative or economic positions, or make investigations into any subject related to any of the previously mentioned bodies, or other ones. The parliament is then to decide what is suitable in this issue.
The committee has the right to collect the evidence it requires, and to demand whatever statements it deems necessary, and all bodies must respond to it and give it whatever documents it demands.
In all cases, every Member of Parliament has the right to obtain any data or information from the executive authority that is related to his position in the parliament.
Article 136
The Prime Minister, his deputies, the ministers and their deputies have the right to attend parliamentary sessions, or the sessions of one of its committees. Their attendance becomes necessary upon the parliament’s request, and they can be assisted by major officials.
They must be heard when requesting to speak. They must respond to the issues discussed, but their votes do not count when voting.
Article 137
The president cannot dissolve the parliament unless it is necessary, with just cause, and after a referendum. The parliament cannot be dissolved for the same reason that the previous parliament was dissolved.
The president should issue a decision to halt parliamentary sessions and organize referendum within 20 days maximum. If the referendum is passed by majority vote, the president can then issue the decision to dissolve parliament. The president is then to call for new elections within a maximum of 30 days from the date of issuing the decision, and finally the new parliament must convene within the next 10 days of announcing the final result.
Article 138
Citizens have the right to submit their written proposals to the parliament regarding public issues. Citizens also have the right to submit complaints, which the parliament then refers to the relevant ministers. Citizens must present any required clarifications that the parliament requests, and the relevant person is to be notified of the result.
Chapter Two: Executive authority
Section One: The president of the republic
Article 139
The president is the head of the country and the head of the executive authority. His job is to preserve the interests of the people and maintain the independence of the state, and the unity and security of its lands. He must commit to the constitution and work according to it.
Article 140
A president is elected for a four-year term that begins on the next day, following the end of his predecessor’s term, and cannot be reelected more than once.
The voting procedures to elect a president are to begin at least 120 days before the end of the presidential term. The result must be announced at least 30 days before the end of the term.
A president must resign any post in a party during his presidential term.
Article 141
A presidential candidate must be an Egyptian, with Egyptian parents. Neither the president, nor his/her parents is permitted to have held any other nationality before, and must enjoy his/her full civil and political rights, and have performed military service or been legally exempted. The president must be no less than 40 years old at the time of his candidacy for presidential elections. Any other conditions are to be determined by law.
Article 142
To run for presidency, a candidate is required to get recommendations from at least 20 members of parliament, or having the support of at least 15 thousands citizen from 15 different governorates.
In all cases, no one has the right to support or recommend more than one candidate.
Article 143
Elections must take place through direct confidential voting, with the absolute majority of the correct votes. The law regulates the procedures for electing the president of the country.
Article 144
The president must be sworn in before the members of parliament prior to taking charge of his tasks. The presidential oath states:
“I hereby swear to God that I will sincerely protect the republican regime, respect the constitution and the law, preserve the people’s interests, and keep the country independent and free.”
The president will be sworn in before the General Assembly of the Constitutional Court in the case that parliament has been dissolved.
Article 145
The president’s salary is determined by law, and he is not allowed to receive any other salaries or rewards. Salary modifications do not apply within the presidential term. The president cannot be otherwise engaged during his term, or work, either personally or through a mediator, in any managerial, commercial, financial or industrial position. The president cannot buy or rent anything using state funds, or public sector companies, and cannot engage in trade, or sign contracts with them.
The president must submit a financial disclosure statement before taking office and after completing his term, and at the end of every year, to be published in the official gazette.
The president cannot award himself medals, accolades or awards. If the president receives a cash award due to his position, it must go to the state treasury.
Article 146
The president of the republic appoints a prime minister to form a government and offer the parliament the government’s plan. If the government does not receive approval from the majority of the parliament in at most 30 days, the president appoints another prime minister, who is nominated by the majority party-coalition of the parliament. If that government does not receive approval from the majority of the parliament in at most 30 days, the parliament is dissolved and the president will call for parliamentary elections within 60 days from the date of the parliament’s dissolution. The time of this process as a whole must not exceed 60 days.
In case the parliament is dissolved, the prime minister presents his proposal to form a government to the new parliament at its first assembly.
In case the government is selected from the majority party or coalition of the parliament, the president is entitled to consult with the prime minister to choose ministers of defense, interior, justice and foreign affairs.
Article 147
The president is entitled to dismiss the cabinet under the condition that the majority of parliament members approve the dismissal. Also the president is entitled to reshuffle the cabinet after consulting with the prime minister. The parliament must approve the reshuffle with an absolute majority vote, of which there must be no less than one third of the total number of parliament members in attendance.
Article 148
The president may delegate some of his powers to the prime minister, or his deputies, ministers, or governors, although none of them may delegate these powers to others, as regulated by the law.
Article 149
The president is entitled to call for meetings to discuss important matters and to head the meetings he attends.
Article 150
The president, in coordination with the cabinet, sets the public policy of the state and supervises its implementation, according to regulations of the constitution.
The president is also entitled to deliver a speech on the state’s public policy before the parliament at the annual regular session of the parliament.
The president may also issue letters and statements to the parliament.
Article 151
The president of the republic shall represent the state in foreign relations and shall conclude treaties and ratify them after approval from the parliament. Such treaties shall have the force of law after publication, according to the provisions of the constitution.
Treaties of peace, alliance, and all treaties related to the rights of sovereignty must be put to a public referendum and cannot be ratified until after the results of the referendum are announced.
In all cases, no treaty shall be approved that contradicts the provisions of the constitution or that results in a waiver of any part of the territory of the state.
Article 152
The president of the republic shall be the Supreme Commander of the Armed Forces. The president is not to declare war, or send the Armed Forces outside state territory, except after consultation with the National Defense Council and the approval by a majority of two-thirds of the members of the parliament
In case the parliament is dissolved, the president of the republic is to consult with the Supreme Council of Armed Forces and seek the approval of the cabinet and the National Defense Council regarding issues of war.
Article 153
The president of the republic shall appoint and dismiss civil and military personnel and diplomatic representatives and shall confirm political representatives for foreign countries and organizations, as regulated by law.
Article 154
The president of the republic shall declare, after consultation with the cabinet, a state of emergency in a manner regulated by law. Such a proclamation must be submitted to the parliament within the following seven days for deliberation.
If the declaration takes place when the parliament is not in session, a session is called for immediately. In all cases, the declaration of a state of emergency must be approved by a majority of members of the parliament. The declaration shall be for a specified period not exceeding three months, which can only be extended by another similar period upon the approval of a two-thirds majority of the members of parliament.
In case the parliament is dissolved, the matter shall be submitted to the cabinet for approval and presented at the first session of the new parliament.
The parliament cannot be dissolved during a state of emergency.
Article 155
The president of the republic may, after consultation with the cabinet, issue a pardon or mitigate a sentence. General amnesty may not be granted unless in a law approved by the majority of the members of parliament.
Article 156
If the parliament is not in session when there is a requirement for urgent measures, the president of the republic shall call the parliament for an emergency session immediately. In case the parliament is dissolved, the president of the republic may issue law decrees that shall then be presented, debated, and approved by the parliament within 15 days from the start of the first session of the new parliament.
If such decrees were not presented or debated upon, or if they were presented but not approved by the parliament, their force of law is retroactively revoked with no need to issue a relevant decision, unless the council affirms their validity for the previous period or chooses to settle the consequent effects in some other manner.
Article 157
The president of the republic may call for a referendum on important issues relating to the supreme interests of the state, in a manner that is not contrary to the provisions of the constitution.
If the call for a referendum includes more than one issue, the vote is to be separated for each issue.
Article 158
For the president of the republic to resign, a letter of resignation must be presented to the parliament. In case the parliament is dissolved, the president shall present the letter of resignation to the General Assembly of the Supreme Constitutional Court.
Article 159
A charge of violation of the constitutional provisions, felony or treason against the president of the republic is to be based on a motion signed by at least a majority of the members of parliament. An impeachment is to be issued by at least a two-thirds majority of the members of parliament and following an investigation carried out by the attorney general. If on account of an obstacle and the attorney general is rendered unable to carry out the investigation, one of his proxies shall act in his place.
As soon as an impeachment decision has been issued, the president of the republic shall cease all work. This shall be treated as a temporary obstacle preventing the president from carrying out presidential duties until a verdict is reached.
The president of the republic shall be tried before a special court headed by the head of the Supreme Court of Justice, the longest-serving deputy of the president of the Supreme Constitutional Court and the State Council, and the two longest-serving heads of the Court of Appeals. The prosecution is to be carried out before such court by the prosecutor general. If on account of an obstacle and one of the said judges is rendered unable to carry out the prosecution, the next senior judge shall act in his place. Court rulings are final and not subject to appeal.
Prosecution and trial procedures are regulated by law. In the case of conviction, the president of the republic shall be relieved of his post, without prejudice to other penalties.
Article 160
If on account of a temporary obstacle and the president of the republic is rendered unable to carry out the presidential functions, the prime minister shall act in his place.
If the presidential office becomes vacant, due to resignation, death or permanent inability to work, the parliament shall announce the vacancy. If the presidential office is vacant for any other reason, at least two-thirds of the parliament members shall announce the vacancy and the parliament shall notify the presidential elections authority. The speaker of the parliament shall temporarily assume the presidential authorities.
In the case the parliament is dissolved, the General Assembly of the Supreme Constitutional Court and its president substitute the parliament and its speaker in the above in cases.
In all cases, a new president must be elected during a period not exceeding 90 days from the date the office became vacant. In this case, the presidency term begins the day of the announcement of the result.
The interim president is not allowed to run for office, request any amendment to the constitution, dissolve the parliament, or dismiss the cabinet.
Article 161
Parliament is entitled to suggest a withdrawal of confidence from the president and call for early presidential elections based on a reasoned request and signed by at least a majority of the parliament members and approved by two thirds of the parliament members. It is not possible to issue the same request for the same reason more than once during the presidential term.
As soon as the withdrawal of confidence request is approved, a public referendum to vote for early presidential elections is called for. If the majority approves withdrawing confidence from the president, the president’s position is considered vacant and early presidential elections are called for within the 60 days after announcing the results of the referendum.
If the result of the referendum is a rejection, then the parliament is considered to be dissolved and the president calls for early parliamentary elections within 30 days of the dissolution date.
Article 162
If the position of the president becomes vacant in conjunction with holding a referendum or electing a new parliament, priority is given to presidential elections and the parliament is not renewed until presidential elections are complete.
Section Two: Government
Article 163
The government is the highest executive and administrative authority of the state. It is formed of the prime minister, his deputies, ministers and their deputies.
The prime minister heads the government, supervises its work, and directs its purview.
Article 164
A person appointed to the position of prime minister must be an Egyptian citizen of Egyptian parents. Also the prime minister and the spouse must be Egyptians, the prime minister must be enjoying civil and political rights, and must also be a citizen who finished his military service, or has an exemption according to the law. He must be over 35 years old by the date of his appointment.
A person appointed to a position in the cabinet must be an Egyptian citizen enjoying civil and political rights. He must complete his military service or be exempted according to the law. He must be over 30 years old by the date of his appointment.
It is prohibited to hold a position in the cabinet in addition to a membership in the parliament. If a member of the parliament is appointed to government, his place in parliament is vacated starting from the date of his appointment.
Article 165
Before assuming their duties, the prime minister and members of the cabinet shall take the following oath before the president of the republic:
“I swear by Almighty God to loyally uphold the republican system, to respect the constitution and the law, to fully look after the interests of the people and to safeguard the independence and territorial integrity of the motherland.”
Article 166
The finances of the prime minister and members of cabinet are stipulated by law. They shall not receive any other salary or remuneration, nor engage throughout the term of their posts, whether in person or through an intermediary, in independent professions or business, nor are they allowed to buy or rent state property or persons of public law, or public sector companies, or public business sector, nor lease or sell to or barter with the state any part of their own property, nor conclude a contract with the state as vendors, suppliers or contractors, or anything else. If any one of the previous takes place, it is considered invalid.
The prime minister and members of cabinet must disclosure their finances to the parliament upon taking office and upon leaving it and at the end of each year. It will be published in the official newspaper.
If, in relation to their posts, they should receive cash or in-kind gifts, such gifts shall go into the state treasury. All of the above is subject to regulation by law.
Article 167
The cabinet shall exercise the following functions in particular:
Collaborate with the president of the republic in laying down the public policy of the state and overseeing its implementation.
Preserving the state’s rights and welfare and protecting citizen’s rights.
Direct, coordinate and follow up on the work of the ministries and their affiliated public bodies and organizations.
Prepare draft laws and decrees.
Issue administrative decisions in accordance with the law, and monitor their implementation.
Prepare the general plan for the state.
Prepare the draft overall budget of the state.
Contract and grant loans in accordance with the provisions of the constitution.
Implement laws.
Article 168
The minister, in coordination with competent bodies, sets forth the policies of the ministry, oversees and directs their implementation as per the public policy of the state.
The senior administrative posts for each ministry include a first undersecretary, so as to ensure the institutional stability, and to promote efficiency while implementing its policies.
Article 169
Any cabinet member is allowed to deliver a statement to the parliament or any of its committees, regarding an issue related to his jurisdiction. Parliament or the committee discusses this statement and expresses their opinion on it.
Article 171
The prime minister shall issue the regulations necessary for the creation and organization of public services and facilities upon the cabinet’s approval.
Article 172
The prime minister shall issue regulations of discipline upon the cabinet’s approval.
Article 173
The prime minister and the ministers are subject to the public rules governing investigation procedures and trials concerning crimes committed during their term in office or in relation to their work. The end of their term of service does not preclude the start or resumption of prosecution.
The provisions stated in article 159 of this constitution are to be applied in case of their impeachment or treason.
Article 174
For the prime minister to resign, a letter of resignation must be presented to the president of the republic while, for a minister to resign, a letter of resignation must be presented to the prime minister.
Section Three: Local Administration
Article 175
The state is divided into administrative units that enjoy legal personalities and include governorates, cities and villages. Other administrative units that are legal personalities may be established if public interest necessitates.
When forming, changing or canceling the borders between local units, economic and social circumstances must be considered. All of the above shall be regulated by the law.
Article 176
The state shall support the administrative, financial and economic decentralization, and the law shall regulate ways of empowering administrative units by providing local facilities, improving them and managing them well.
A timeline to transfer powers and budgets to the local administrative units must be determined.
Article 177
The state shall provide what the local unit should need in terms of scientific, technical, administrative and financial assistance. It shall ensure equitable distribution of facilities, services, and resources and shall work to bring development levels in these units to a common standard, as regulated by the law.
Article 178
The local units shall have independent financial draft budgets. The income of the local units shall include state revenue, additional taxes, and fees of local nature. The unit shall follow the same rules and procedures in the collection of public funds as followed by the state. All of the above shall be regulated by the law.
Article 179
The law regulates the terms and the manner of designating or selecting governors and heads of other local administrative units, and defines their jurisdiction.
Article 180
Every local unit shall elect a local council by direct, secret ballot for a term of four years.
A candidate must be 21 years old or older. Conditions and procedures for nomination and election are regulated by law in a way that 25 percent of the seats are to be allocated to youths under 35 years old, 25 percent of the seats are to be allocated to women, the representation of workers and farmers must not be less than 50 percent of the total number of the seats with a proper representation for Christians and people of disabilities.
The local councils are entitled to pursue the implementation of development plans, to monitor various activities, to practice ways of surveillance over the executive branch, including suggestions, addressing questions, briefing requests, interpellations, and withdrawing confidence from the heads of the local councils. All of the above shall be regulated by the law.
The law defines the terms of reference, financial resources, guarantees of the members, and the independence of the other local councils
Article 181
The decisions issued by the local council within its jurisdiction are definitive and executive authority may not interfere with them unless they fall outside the local council’s jurisdiction or harm public interest or the interest of other local councils.
The local council of the governorate settles disputes on the jurisdiction of the local council of subject villages, cities or towns. The state council’s general assembly of the divisions of legal advice and legislation urgently settle disputes over the jurisdiction of the local councils of governorates. All of the above is subject to regulation by law.
Article 182
Each local council sets its own budget and final account, as regulated by law.
Article 183
A local council may not be dissolved as per a comprehensive administrative procedure. The law regulates the way to dissolve and reelect any of the council.
Article 184
The judiciary is independent, it is composed of courts of all types and levels and issues judgments in accordance with the law. The law determines the jurisdictions of the judiciary, and interference in the affairs of justice or lawsuits is a crime on which the statute of limitations does not apply.
Article 185
Each judicial body or entity is granted its own independent budget whose elements are discussed by the parliament, to be included, once approved, in the state’s general budget as one figure. Every judicial body or entity manages its own affairs and are consulted on draft laws regulating them.
Article 186
Judges are independent and may not be dismissed, and only law has authority over their work. They are all equal in rights and duties, and law determines the conditions and procedures of their appointment, transfer, retirement, and it regulates disciplinary punitive measures, all so as to preserve the independence and impartiality of the judiciary and the judges, and prevent conflict of interests. The law defines the rights, duties and safeguards prescribed for them.
Court hearings are public, unless the court declares confidentiality for considerations on public order or morality. In all cases, verdicts are announced in public hearings.
Section Two: Judiciary and public prosecution
Article 188
The judiciary adjudicates on all disputes and crimes, except what falls within the jurisdiction of another judicial body, and adjudicates on disputes relating to the affairs of its own members. A supreme council, whose composition and jurisdiction are regulated by law, manages the affairs of the judiciary.
Article 189
The public prosecution is an integral part of the judiciary. It conducts investigations, undertakes and proceeds with criminal lawsuits, except those exempted by law, which identifies the public prosecution’s other terms of reference.
The public prosecution is composed of an attorney general selected by the Supreme Judicial Council from the deputies of the president of the court of cassation, the presidents of the appeal courts or from the assistants of the attorney general. The attorney general is appointed as per a presidential decree for four years or for the remaining period to the age of retirement, whichever is sooner, and once in the lifetime of his work.
Section Three: State council
Article 190
The state council is an independent judicial body, and is the only entity that has jurisdiction to adjudicate on administrative disputes and the disputes over the executions of all of its junctions. It also has jurisdiction to adjudicate on lawsuits and appeal on disciplinary punitive measures. It is the only body to provide legal advice in legal matters to the entities specified by law, review and draft bills and decisions legislative in nature, review draft contracts to which the state or a public body is party. And the law determines its other terms of reference.
Section Four: The Supreme Constitutional Court
Article 191
The Supreme Constitutional Court is an independent judiciary authority. It stands alone, is based in Cairo, and can be convened at any other place inside the state after approval by the court’s general assembly.
The Supreme Constitutional Court has its own independent budget, the parliament has the right to discuss it with its all of its elements, and the budget is enrolled after approval to the state’s general fund.
The court’s general assembly attends to its own affairs and is consulted on the bills concerning court affairs.
Article 192
The Supreme Constitutional Court alone takes the responsibility of judicial control on the constitutionality of laws, regulations, explaining legislative texts, and dissolving disputes relating to its members’ affairs, between judicial authorities, and authorities which were authorized to settle disputes following the judicial procedures, in accordance to law.
The Supreme Constitutional Court must settle disputes concerning implementing the finalization of two contradictory verdicts, one of them by a judicial authority and the other by a competent judicial authority or another associated authority.
The Supreme Constitutional Court settles disputes concerning implementing its verdicts and issued decisions. The law is responsible for assigning the other court specializations and regulating the required procedures.
Article 193
The Supreme Constitutional Court consists of one head and a satisfactory number of the deputy heads.
The court commissioners consist of one head, and a satisfactory number of heads of authority, advisors and assistant advisors.
The general assembly chooses the court head amongst the three oldest deputies for the court head. It also chooses the deputy heads, commissioners, which are appointed by a presidential decision. All of the above is subject to regulation by law.
Article 194
The head and deputy head of the supreme constitutional court, as well as their deputies and commissioners, are independent and not be removed. There is no authority over them other than law.
The law sets forth the conditions required of them, which must be made available to them, and the court is responsible for holding them accountable to disciplinary action, in accordance to law. All rights, duties and guarantees must be applied to judicial authority members.
Article 195
The official newspaper publishes all verdicts and decisions issued by the supreme constitutional court. They are utterly binding, and all state authorities and have absolute authority.
The law regulates the consequences of the verdict regarding the unconstitutionality of a legislative text.
Section Five: Judicial authorities
Article 196
State Lawsuits is an independent judicial authority, acting on behalf of the state in lawsuits filed by or against the state, reconciliations in any stage of litigation, technical supervision of legal affairs of state administrative departments, drafting contracts referred thereto by administrative bodies.
All of the above is regulated by law, which determines its other terms of reference. The members of the Authority of State Lawsuits are granted all the guarantees, rights and duties prescribed for the members of the judicial authority, and law determines their disciplinary accountability.
Article 197
The Administrative Prosecution is an independent judicial authority that investigates financial and administrative violations as well as those referred thereto. It is entitled to assume the powers of the concerned administrative body to determine disciplinary penalties. Its decisions may be appealed before the Disciplinary Court of the State Council. The Administrative Prosecution also undertakes and proceeds with disciplinary lawsuits and appeals before the courts of the State Council.
All of the above is regulated by law, which determines the Administrative Prosecution’s other terms of reference. The members of the Administrative Prosecution have all the guarantees, rights and duties prescribed for the members of the judicial authority, and law determines their disciplinary accountability.
Section Six: The legal profession
Article 198
The legal profession is free and achieves justice and the right to defense, along with the judiciary. It is practiced by independent lawyers and lawyers of public sector companies and businesses. All Lawyers enjoy the guarantees and protection laid out for them in the law as they exercise the right to defense before courts and as they deal with investigation and detection departments.
It is prohibited to arrest or detain a lawyer as he is exercising the right to defense, unless caught red-handed, all as prescribed by law.
Section Seven: Experts
Article 199
Judicial experts, forensic medicine experts and technical personnel of Estate Registration work independently and enjoy the required guarantees and protection to fulfill their jobs, as regulated by law.
Chapter Three: Armed Forces and Police
Section One: The Armed Forces
Article 200
The Armed Forces belong to the people; it protects the country and preserves its security and the safety of its land. Only the state establishes these forces and it is prohibited for any person, body, entity or group to form any military or semi-military squads, divisions or organizations.
A supreme council presides the Armed Forces, as regulated by law.
Article 201
The minister of defense is the commander-in-chief of the Armed Forces and is an armed forces officer.
Article 202
The law regulates general mobilization and indicates the conditions of service, promotion and retirement in the Armed Forces.
The judicial committees of the Armed Forces officers and personnel exclusively adjudicate on all administrative conflicts on decisions issued in their regard. Law organizes the rules and appeal procedures against the decisions of these committees.
Section Two: National Defense Council
Article 203
The National Defense Council is headed by the President of the Republic with the membership of the Prime Minister, the president of the House of Representatives, the ministers of defense, foreign affairs, finance and interior, the head of the General Intelligence, the chief of staff of the Armed Forces, commander of marine forces, commander of air forces, commander of air defense, Armed Forces operations chief and the managing director of Military Intelligence and Reconnaissance.
The National Defense Council specializes in the affairs relating to means of securing the country and preserving its safety, discusses the budget of the Armed Forces to be included as one figure in the state’s general budget. It is consulted in draft laws relating to the Armed Forces.
The law determines its other terms of reference.
When the budget is discussed, the Armed Forces chief of financial affairs and the House of Representatives’ head of the Plan and Budget Committee and the head of the Defense and National Security Committee are included in the discussion.
The president may invite any specialists or experts to attend the meeting of the National Defense Council, but they are not entitled to vote.
Section Three: Military Judiciary
Article 204
The military judiciary is an independent judicial body that exclusively adjudicates on all crimes relating to the Armed Forces and its officers, personnel and those subject thereto and crimes committed by General Intelligence personnel during their service and because of it.
Civilians may not be tried before military judiciary unless for crimes that represent direct assault on military facilities, Armed Forces camps or areas subject thereto, equipment, vehicles, weapons, ammunition, documents, public funds, or military secrets, factories, zones or border zones prescribed to be military zones, crimes relating to conscription or crimes that represent direct assault on Armed Forces officers or personnel for performing their jobs.
The law identifies these crimes and determines the other terms of reference of the military judiciary.
Members of the military judiciary are independent, may not be dismissed and have all the guarantees, rights and duties prescribed for the members of the judicial authority.
Section Four: National Security Council
Article 205
The National Security Council is headed by the President of the Republic with the membership of the Prime Minister, the president of the House of Representatives, the head of the General Intelligence, the chairman of the Defense and National Security Committee of the House of Representative, and the ministers of defense, interior, foreign affairs, finance, justice, health, communications and education.
The National Defense Council adopts strategies to secure the country, addresses disasters and crises of all kinds and takes actions to contain them and identifies internal and external sources of dangers to the Egyptian national security and the measures needed to counter them on the official and popular levels.
The National Security Council may invite experts and specialists to attend its meetings, but they are not entitled to vote.
The law determines its other terms of reference and system of work.
Section Five: The Police
Article 206
The Police is a statutory civil body. It serves the people; it is loyal to it and guarantees security and peace for citizens. It ensures public order and morals, adheres to the duties the constitution and law prescribes for it and respects human rights and basic freedoms. The state ensures the guarantees needed by the police to fulfill its duties and the law regulates these necessary guarantees.
Article 207
A police supreme council is to be formed of the oldest serving police officers and the head of the State Council’s Legal Advise division. The council is to specialize in assisting the minister of interior in organizing the police and managing the affairs of its personnel. The council is consulted in any laws relating to it, and law determines its other terms of references.
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