Chapter Five. The Ruling System
Section One. Legislative Authority (House of Representatives)
Article 101. Mandate
The House of Representatives is entrusted with legislative authority, and with approving the general policy of the state, the general plan of economic and social development and the state budget. It exercises oversight over the actions of the executive authority. All the foregoing takes place as set out by the Constitution.
Article 102. Composition
The House of Representatives is composed of no less than four hundred and fifty members elected by direct secret public ballot. At least one quarter of the seats shall be allocated to women.
A candidate for the membership of the House must be an Egyptian citizen, enjoying civil and political rights, a holder of at least a certificate of basic education, and no younger than 25 years old on the day that candidacy registration is opened.
Other candidacy requirements, the electoral system, and division of electoral constituencies shall be defined by law in a manner which observes fair representation of the population and governorates. Elections based on the plurality voting system or proportional list, or a combination of both at whatsoever ratio may be adopted.
The President of the Republic may appoint a number of members that does not exceed 5%. The method of their nomination is to be specified by law.
Article 103. Nature of Membership
A member of the House of Representatives devotes himself to the tasks of membership and his post is kept in accordance with the law.
Article 104. Oath
Prior to the start of his tenure, a member of the House of Representatives takes the following oath: “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 nation.”
Article 105. Remuneration
Members shall receive a remuneration defined by law. In the event that the remuneration is modified, the modification does not come into effect until the legislative term following the one when it was adopted begins.
Article 106. Term
The term of membership in the House of Representatives is five calendar years, commencing from the date of its first session.
Elections for a new House are held during the 60 days preceding the end its term.
Article 107. Validity of Membership
The Court of Cassation has jurisdiction over the validity of membership of members of the House of Representatives. Challenges shall be submitted to the Court within a period not exceeding 30 days from date on which the final election results are announced. A verdict must be passed within 60 days from the date on which the challenge is filed.
In the event a membership is deemed invalid, it becomes void from the date on which the verdict is reported to the House.
Article 108. Vacancy
If a House of Representatives member’s seat becomes vacant at least six months before the end of his term, the vacant position must be filled in accordance with the law within 60 days from the date on which the vacancy is first reported by the House.
Article 109. Restrictions on economic activity, financial disclosure
No House of Representatives member may, throughout his tenure, whether in person or through an intermediary, purchase or rent any piece of state property, or any public-law legal persons, public sector companies, or the public business sector. Nor is he allowed to lease, sell or barter with the state any part of his own property, nor conclude a contract with the state as vendors, suppliers, contractors or others. Any such actions shall be deemed void.
A member must submit a financial disclosure upon taking office, upon leaving it and at the end of every year.
If, because of or in relation to his membership, he should receive cash or in-kind gifts, ownership thereof reverts to the state treasury.
The foregoing is organized by law.
Article 110. Revoking membership
The membership of any member may only be revoked if a member has lost trust, status or any of the conditions for membership on the basis of which he was elected, or if the duties of membership have been violated.
The decision to revoke membership is issued by a two-thirds majority of the members of the House of Representatives.
Article 111. Resignation of members
The House of Representatives accepts the resignation of its members, which must be submitted in writing, and to be accepted must not be submitted after the House has started procedures to revoke membership against the resigning member.
Article 112. Opinions of members
A House of Representatives member cannot be held accountable for any opinions he expresses relating to his work in the House or its committees.
Article 113. Criminal action against members
It is prohibited, except in cases of in flagrante delicto, to take criminal action, according to articles of felonies and misdemeanors, against a member without prior permission from the House of Representatives. If not in session, permission must be granted by the House of Representatives’ Bureau, and the House must be notified of the decision as soon as it is in session.
In all cases, if a request for permission to take legal action against a member does not receive a response within 30 days, the permission is to be considered granted.
Article 114. Seat
The seat of the House of Representatives is in Cairo.
However, in exceptional circumstances, the House may hold meetings elsewhere, at the request of the President of the Republic or one-third of the House’s members.
Any meetings of the House that do not conform with the foregoing are invalid, including any decisions that may have been passed.
Article 115. Ordinary session
The President of the Republic convokes the House of Representatives for its ordinary annual session before the first Thursday of October. If such convocation is not made, the House is required by the Constitution to meet on said day.
The ordinary session continues for at least nine months. The President of the Republic brings the annual session to a close with the approval of the House only after the state’s general budget has been adopted.
Article 116. Extraordinary session
It is possible for the House of Representatives to be called to an extraordinary meeting to look into an urgent matter based on a request by the President of the Republic, or upon a request signed by at least 10 members from the House.
Article 117. Speaker, deputy speakers
The House of Representatives elects, in the first meeting of its regular annual session, a speaker and two deputy speakers for the full legislative term. If either seat becomes vacant, the House elects a replacement. The House’s rules of procedure set out the rules and procedures of election. If any of them violate the commitments of his post, one-third of the members of the House may make a request to relieve him of his post. The decision is issued by a two-thirds majority of members.
In all cases, neither the speaker nor any of the two deputies may be elected for more than two consecutive legislative terms.
Article 118. Rules of procedure
The House of Representatives establishes its own rules of procedure regulating its work, the manner of practicing its functions, and maintaining order therein. The rules of procedure are issued by virtue of a law.
Article 119. Internal order
The House of Representatives maintains its internal order, a responsibility that is assumed by the Speaker of the House.
Article 120. Public sessions
The sessions of the House of Representatives are held in public.
The House may hold a closed session based on a request by the President of the Republic, the Speaker of the House, or at least 20 of its members. The House will decide by majority whether the debate in question takes place in a public or a closed session.
Article 121. Quorum and voting
The meetings of the House and the resolutions it passes are not considered valid unless attended by the majority of its members.
In cases other than those requiring a special majority, resolutions are adopted based on an absolute majority of the members present. In case of a tie of vote, the matter in deliberation is considered rejected.
Laws are approved by an absolute majority of the attendees, provided that they constitute no less than one third of the members of the House.
Laws complementing the Constitution are issued based on the approval of two thirds of the members of the House. Laws regulating the presidential, parliamentary, and local elections, political parties, the judiciary, and judicial bodies, and those organizing the rights and duties stipulated in the Constitution are deemed complementary to it.
Article 122. Proposing bills
The President of the Republic, the Cabinet, and every member of the House of Representatives has the right to propose laws.
Every bill presented by the government or by one-tenth of the members of the House is referred to a specialized committee of the House to study and submit a report about it to the House. The committee may seek the opinion of experts on the matter.
No bill presented by a member can be referred to the special committee before being permitted by the proposals committee and approved by the House. If the proposals committee refuses a bill, it must give a reason for its decision.
Any bill or proposed law rejected by the House may not be presented again during the same legislative term.
Article 123. Presidential veto
The President of the Republic has the right to issue or object to laws.
If the President of the Republic objects to a draft law approved by the House of Representatives, it must be referred back to the House within 30 days of the House’s being notified thereof. If the draft law is not referred back to the House within this period, it is considered a law and is issued.
If it is referred back to the House within the aforementioned period, and is approved again by a majority of two-thirds of its members, it is considered a law and is issued.
Article 124. State budget
The state budget includes all of its revenue and expenditure without exception. The draft budget is submitted to the House of Representatives at least 90 days before the beginning of the fiscal year. It is not considered in effect unless approved thereby, and it is put to vote on a chapter-by-chapter basis.
The House may modify the expenditures in the draft budget law, except those proposed to honor a specific state liability.
Should the modification result in an increase in total expenditure, the House shall reach an agreement with the government on the means to secure revenue resources to achieve a balance between them. The budget is issued in a law, which may include modification to any existing law to the extent necessary to realize such balance.
In all cases, the budget law may not include any text that incurs new burdens on citizens.
The specifics of the fiscal year, the method of budget preparation, the provisions of the budgets of institutions, public bodies, and their accounts are defined by law.
The approval of the House of Representatives is necessary for the transfer of any funds from one chapter of the budget to another, as well as for any expenditure not included therein or in excess of its estimates. The approval is issued in a law.
Article 125. Final account
The final account of the state budget is submitted to the House of Representatives within a period not exceeding 6 months from the end of the fiscal year. The annual report of the Central Auditing Organization and the latter’s observations on the final account must be submitted therewith.
The final account of the state budget is put to vote on a chapter-by-chapter basis and is issued by law.
The House has the right to request from the Central Auditing Organization any additional data or other reports.
Article 126. Collection and disbursement of public funds
The basic rules for collection of public funds and the procedure for their disbursement are regulated by the law.
Article 127. Executive authority
The executive authority may not contract a loan, obtain funding, or commit itself to a project that is not listed in the approved state budget entailing expenditure from the state treasury for a subsequent period, except with the approval of the House of Representatives.
Article 128. Salaries, pensions, indemnities, subsidies, and bonuses
The rules governing salaries, pensions, indemnities, subsidies, and bonuses taken from the state treasury are regulated by law, as are the cases for exception from such rules, and the authorities in charge of their application.
Article 129. Submitting questions
Every member of the House of Representatives may submit questions to the Prime Minister, to one of his deputies, to a minister, or their deputies on any matter that falls under their mandate. It is obligatory for them to respond to these questions during the same term.
The member may withdraw his question at any time. A question may not be converted into an interpellation in the same session.
Article 130. Addressing interrogations
Every member of the House of Representatives may address interpellations to the Prime Minister, to the Prime Minister’s deputies, to ministers, or to their deputies in relation to matters that fall under their mandate.
Debate on an interpellation takes place at least seven days and no more than 60 days after its submission, except in cases of urgency as decided by the House and with the government’s consent.
Article 131. Withdrawal of confidence
The House of Representatives may decide to withdraw its confidence from the Prime Minister, a deputy of the Prime Minister, ministers, or their deputies.
A motion of no confidence may be submitted only after an interpellation, upon proposal by at least one- tenth of the members of the House of Representatives. The House issues its decision after debating the interpellation. A withdrawal of confidence requires a majority of members.
In all cases, a no confidence motion may not be made in connection with an issue that has already been decided upon in the same term.
If the House decides to withdraw confidence from the Prime Minister, one of his deputies, a minister, or their deputies and the government has announced its solidarity with him before the vote, then that government is obliged to offer its resignation. If the no confidence resolution concerns a certain member of the government, that member is obliged to resign his office.
Article 132. Discussion of public issues
Any 20 members of the House of Representatives at least may request the discussion of a public issue to obtain clarification on the government’s policy in its regard.
Article 133. Discussion of public issues by members
Any member of the House of Representatives may propose to the Prime Minister, one of his deputies, any minister, or their deputies the discussion of a public issue.
Article 134. Urgent briefing or statements
Every member of the House of Representatives may request an urgent briefing or a statement from the Prime Minister, the Prime Minister’s deputies, any minister, or his deputies in relation to urgent matters of public importance.
Article 135. Fact-finding
The House of Representatives may form a special committee or entrust one of its existing committees to examine a public matter, or the activities of any administrative department, public agency or public enterprise, for the purpose of fact-finding regarding a specific issue and informing the House of Representatives of the actual financial, administrative or economic status, for conducting investigations into a past activity, or for any other purpose; the House decides on the appropriate course of action.
In order to carry out its mission, such a committee would be entitled to collect the evidence it deems necessary and to summon individuals to give statements. All bodies shall respond to the committee’s requests and place at its disposal all the documents, evidence, or anything otherwise required.
In all cases, every member of the House of Representatives is entitled to obtain any data or information pertaining to undertaking his work at the House from the executive authority.
Article 136. Attendance of sessions by the prime minister, his deputies, ministers and their deputies
The Prime Minister, his deputies, ministers and their deputies may attend the sessions of either the House of Representatives or of any of their committees. Their attendance is obligatory if requested by the House. They may be assisted by high-ranking officials of their choice.
They are to be heard whenever they request to speak. They must answer questions pertaining to issues that are in discussion, but cannot vote when votes are taken.
Article 137. Dissolution of the House of Representatives
The President of the Republic may not dissolve the House of Representatives except when necessary by a causal decision and following a public referendum. The House of Representatives may not be dissolved for the same cause for which the previous House was dissolved.
The President of the Republic must issue a decision to suspend parliamentary sessions and hold a referendum on dissolution within no more than 20 days. If voters agree by a majority of valid votes, the President of the Republic issues the decision of dissolution, and calls for early parliamentary elections to take place within no more than 30 days from the date of the decision’s issuance. The new House convenes within the 10 days following the announcement of the referendum results.
Article 138. Submitting proposals and complaints
Citizens may submit written proposals to the House of Representatives regarding public issues. Citizens may also submit complaints to the House of Representatives to be referred to the relevant ministers. If the House requests it, the minister must provide clarifications, and the citizen who submitted the complaint is to be informed of the result.
Section Two. Executive Authority
Subsection One. The President of the Republic
Article 139. Mandate
The President of the Republic is the head of state and head of the executive branch of government. He defends the interests of the people, safeguards the independence, territorial integrity and safety of the nation, and abides by the provisions of the Constitution and carries out his responsibilities in the manner prescribed therein.
Article 140. Term, election, prohibition on partisan positions
The president shall be elected for a period of six calendar years, commencing from the day following the termination of the term of his predecessor. The president may not hold office for more than two consecutive terms.
The procedures for electing the President of the Republic begin at least 120 days before the end of the presidential term. The result is to be announced at least 30 days before the end of term.
The President of the Republic may not hold any partisan position for the duration of the presidency.
Article 141. Conditions for candidacy
A presidential candidate must be an Egyptian born to Egyptian parents, and neither he, his parents or his spouse may have held other citizenship. He must have civil and political rights, must have performed the military service or have been exempted therefrom by law, and cannot be younger than 40 years on the day that candidacy registration is opened. Other requirements for candidacy are set out by law.
Article 142. Conditions for candidacy
To be accepted as a candidate for the presidency, candidates must receive the recommendation of at least 20 elected members of the House of Representatives, or endorsements from at least 25,000 citizens who have the right to vote, in at least 15 governorates, with a minimum of 1,000 endorsements from each governorate.
In all cases, no one can endorse more than one candidate. This is organized by law.
Article 143. Election
The President of the Republic is elected by direct secret ballot, with an absolute majority of valid votes. The procedures for electing the President of the Republic are regulated by law.
Article 144. Oath
Before assuming the functions of the presidential office, the President of the Republic takes the following oath before the House of Representatives: “I swear by Almighty God to loyally uphold the republican system, to respect the Constitution and the law, to fully uphold the interests of the people and to safeguard the independence and territorial integrity of the nation.”
In case of the absence of the House of Representatives, the oath is to be taken before the General Assembly of the Supreme Constitutional Court.
Article 145. Remuneration
The salary of the President of the Republic is stipulated by law. The President cannot receive any other salary or remuneration. No modification to the salary may come into effect during the presidential term during which it is approved. The president may not engage throughout the presidential term, whether in person or through an intermediary, in an independent profession or commercial, financial or industrial activity, nor is the President allowed to buy or rent any piece of state property, public-law legal persons or public sector companies, nor lease, sell or barter with the state any part of his own property, nor conclude a contract with the state as vendor, supplier, contractor or other as set out by law. Any such actions shall be considered null and void.
The President must submit a financial disclosure upon taking office, upon leaving it, and at the end of each year. The disclosure is to be published in the Official Gazette.
Throughout the presidential term, the President of the Republic may not award himself any orders, badges or medals.
If because of or in relation to the presidential post, the President receives, in person or through an intermediary, cash or in-kind gifts, ownership thereof reverts to the state treasury.
Article 146. Government formation
The President of the Republic assigns a Prime Minister to form the government and present his program to the House of Representatives. If his government does not obtain the confidence of the majority of the members of the House of Representatives within no more 30 days, the President appoints a Prime Minister based on the nomination of the party or the coalition that holds a plurality of seats in the House of Representatives. If his government fails to win the confidence of the majority of the members of the House of Representatives within 30 days, the House is deemed dissolved, and the President of the Republic calls for the elections of a new House of Representatives within 60 days from the date the dissolution is announced.
In all cases, the sum of the periods set forth in this Article shall not exceed 60 days.
In the event that the House of Representatives is dissolved, the Prime Minister presents the government and its program to the new House of Representatives at its first session.
In the event that the government is chosen from the party or the coalition that holds a plurality of seats at the House of Representatives, the President of the Republic may, in consultation with the Prime Minister, choose the Ministers of Justice, Interior, and Defense.
Article 147. Governmental exemption
The President of the Republic may exempt the government from carrying out its tasks, provided that the House of Representatives approves of such with a majority.
The President of the Republic may conduct a cabinet reshuffle after consultation with the Prime Minister and the approval of the House of Representatives with an absolute majority of attendees that is no less than one third of its members.
Article 148. Delegation of authorities
The President of the Republic may delegate some of his authorities to the Prime Minister, his deputies, the ministers, or the governors. None of them may delegate others. This will be organized by law.
Article 149. Convening of government
The President of the Republic may call the government to meeting to discuss important matters, and presides over the meetings that he attends.
Article 150. The state’s general policy
The President of the Republic, jointly with the Cabinet, sets the general policy of the state and oversees its implementation as set out by the Constitution.
The President of the Republic may deliver a statement on the state’s general policy before the House of Representatives at the opening of its regular session.
The President may make other statements or convey other messages to the House.
Article 150bis
The President of the Republic may appoint one Vice-President or more, determine their competencies, and may delegate them in some of his duties, relieve them of their posts, and accept their resignation. The Vice-Presidents of the Republic shall take the oath before assuming office provided for in article 144 of the Constitution before the President of the Republic. The provisions of the Constitution shall apply to the Vice-Presidents of the Republic in articles 141, 145 and 173.
Article 151. Foreign relations
The President of the Republic represents the state in foreign relations and concludes treaties and ratifies them after the approval of the House of Representatives. They shall acquire the force of law upon promulgation in accordance with the provisions of the Constitution.
With regards to any treaty of peace and alliance, and treaties related to the rights of sovereignty, voters must be called for a referendum, and they are not to be ratified before the announcement of their approval in the referendum.
In all cases, no treaty may be concluded which is contrary to the provisions of the Constitution or which leads to concession of state territories.
Article 152. The president and the armed forces
The President of the Republic is the Supreme Commander of the Armed Forces. The President cannot declare war, or send the armed forces to combat outside state territory, except after consultation with the National Defense Council and the approval of the House of Representatives with a two-thirds majority of its members.
If the House of Representatives is dissolved, the Supreme Council of the Armed Forces (SCAF) must be consulted and the approval of the Cabinet and National Defense Council must be obtained.
Article 153. Appointment of civil and military personnel and diplomats
The President of the Republic appoints civil and military personnel and diplomatic representatives and dismisses them, and confirms political representatives to foreign countries and organizations in accordance with the law.
Article 154. State of emergency
The President of the Republic declares, after consultation with the Cabinet, a state of emergency in the manner regulated by law. Such proclamation must be submitted to the House of Representatives within the following seven days to consider it.
If the declaration takes place when the House of Representatives is not in regular session, a session is called immediately in order to consider the declaration.
In all cases, the declaration of a state of emergency must be approved by a majority of members of the House of Representatives. The declaration is for a specified period not exceeding three months, which can only be extended by another similar period upon the approval of two-thirds of House members. In the event the House of Representatives is dissolved, the matter is submitted to the new House in its first session.
The House of Representatives cannot be dissolved while a state of emergency is in force.
Article 155. Pardon and amnesty
The President of the Republic may issue a pardon or mitigate a sentence after consulting with the Cabinet.
General amnesty may only be granted in a law, which is ratified by a majority of members of the House of Representatives.
Article 156. Decrees that have the force of law
In the event that the House of Representatives is not in session, and where there is a requirement for urgent measures that cannot be delayed, the President of the Republic convenes the House for an emergency session to present the matter to it. In absence of the House of Representatives, the President of the Republic may issue decrees that have the force of law, provided that these decrees are then presented to the House of Representatives, discussed and approved within 15 days from the date the new House convenes. If such decrees are not presented to the House and discussed, or if they are presented but not approved, their legality is revoked retroactively, without the need to issue a decision to that effect, unless the House affirms their validity for the previous period, or chooses to settle the consequent effects.
Article 157. Referendum
The President of the Republic may call for a referendum on issues relating to the supreme interests of the country without prejudice to the provisions of the Constitution.
If the call for a referendum relates to more than one issue, the people must vote on each individual issue.
Article 158. Resignation
The President of the Republic may submit his resignation to the House of Representatives. If the House is dissolved, he submits it to the General Assembly of the Supreme Constitutional Court.
Article 159. Prosecution
A charge of violating the provisions of the Constitution, high treason or any other felony against the President of the Republic is to be based on a motion signed by at least a majority of the members of the House of Representatives. An impeachment is to be issued only by a two-thirds majority of the members of the House of Representatives and after an investigation to be carried out by the Prosecutor General. If there is an impediment, he is to be replaced by one of his assistants.
As soon as an impeachment decision has been issued, the President of the Republic ceases all work; this is treated as a temporary impediment preventing the President from carrying out presidential duties until a verdict is reached in the case.
The President of the Republic is tried before a special court headed by the president of the Supreme Judicial Council, and with the membership of the most senior deputy of the president of the Supreme Constitutional Court, the most senior deputy of the president of the State Council, and the two most senior presidents of the Court of Appeals; the prosecution to be carried out before such court by the Prosecutor General. If an impediment exists for any of the foregoing individuals, they are replaced by order of seniority. The court verdicts are irrevocable and not subject to challenge.
The law organizes the investigation and the trial procedures. In the case of conviction, the President of the Republic is relieved of his post, without prejudice to other penalties.
Article 160. Vacancy
In case the President of the Republic is temporarily prevented from assuming his powers, such powers shall be given to his Vice-President or by the Prime Minister when there is no Vice-President or when the Vice-President cannot replace the President.
If the Presidential office becomes vacant, due to resignation, death, permanent disability to work or any other reason, the House of Representatives announces the vacancy of the office. If the vacancy occurs for any other reason, the House announces it with a two-thirds majority. The House notifies the National Elections Commission, the Speaker of the House of Representatives temporarily assumes presidential powers.
In the event the House of Representatives is dissolved, the General Assembly of the Supreme Constitutional Court and its chairman replace the House of Representatives and its Speaker.
In all cases, a new president must be elected during a period not exceeding 90 days from the date the office becomes vacant. In such a case, the presidential term commences as of the date the result of elections is announced.
The interim President or whoever temporarily assumes presidency may not request any amendment to the Constitution, dissolve the House of Representatives, dismiss the Government or run for the presidency.
Article 161. Withdrawal of confidence
The House of Representatives may propose to withdraw confidence from the President of the Republic and hold early presidential elections upon a causal motion signed by at least a majority of the members of the House of Representatives and the approval of two-thirds of its members. The motion may only be submitted once for the same cause during the presidential term.
Upon the approval of the proposal to withdraw confidence, the matter of withdrawing confidence from the President of the Republic and holding early presidential elections is to be put to public referendum by the Prime Minister. If the majority approves the decision to withdraw confidence, the President of the Republic is to be relieved from his post, the office of the President of the Republic is to be deemed vacant, and early presidential elections are to be held within 60 days from the date the referendum results are announced. If the result of the referendum is refusal, the House of Representatives is to be deemed dissolved, and the President of the Republic is to call for electing a new House of Representatives within 30 days of the date of dissolution.
Article 162. Priority of presidential elections
If the vacancy of the presidential office occurs at the same time that a referendum or the election of the House of Representatives is being held, the presidential elections are given priority. The existing parliament continues in place until the completion of the presidential elections.
Subsection Two. The Government
Article 163. Composition, Prime Minister’s mandate
The government is the supreme executive and administrative body of the state and it consists of the Prime Minister, the Prime Minister’s deputies, the ministers, and their deputies.
The Prime Minister heads the government, oversees its work, and directs it in the performance of its functions.
Article 164. Conditions for candidacy
A person appointed to the position of Prime Minister or any other position in the government must be an Egyptian citizen of Egyptian parents, and he and his spouse may not have held the citizenship of any other country, must enjoy civil and political rights, must have performed the military service or have been exempted therefrom, and must be at least 35 years old at the time of appointment.
Anyone appointed as a member of the government is required to be an Egyptian, enjoying his civil and political rights, have performed the military service or have been exempted therefrom, and to be at least 30 years old at the time of appointment.
It is prohibited to hold a position in the government in addition to membership in the House of Representatives. If a member of the House is appointed to the government, his place in the House becomes vacant as of the date of this appointment.
Article 165. Oath
Before assuming their duties, the Prime Minister and members of government 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 uphold the interests of the people and to safeguard the independence, territorial integrity and safety of the nation.”
Article 166. Remuneration
The salary of the Prime Minister and members of government are stipulated by law. They cannot 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 commercial, financial or industrial activities. Nor are they allowed to buy or rent any piece of state property, public-law legal persons or public sector companies, nor lease, sell or barter any of their property with the state, nor conclude a contract with the state as vendors, suppliers, contractors or others as set out by law. Any such actions are deemed null and void.
The Prime Minister and members of government must submit a financial disclosure upon taking office, upon leaving it and at the end of each year. The disclosure is to be published in the Official Gazette.
If, because of or in relation to their posts, they should receive cash or in-kind gifts, ownership thereof reverts to the state treasury. The foregoing is organized by law.
Article 167. Governmental mandate
The government exercises the following functions in particular:
- Collaborate with the President of the Republic in setting the public policy of the state and overseeing its implementation.
- Maintain the security of the nation, and protect the rights of citizens and the interests of the state.
- 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 draft general plan of the state.
- Prepare the draft annual state budget law.
- Contract and grant loans in accordance with the provisions of the Constitution.
- Implement laws.
Article 168. Ministerial mandate
The minister draws up his ministry’s general policy, supervises its implementation and offers guidance and oversight, in collaboration with the competent bodies and within the framework of the state’s public policy.
Higher management posts in every ministry include a permanent undersecretary to ensure achieving institutional stability and increasing the level of efficiency in the implementation of its policy.
Article 169. Statements before the House of Representatives
A member of government may make a statement before the House of Representatives, or one of its committees, concerning any matters within their mandate.
The House or the committee may discuss such a statement and convey its position regarding it.
Article 170. Regulations to enforce laws
The Prime Minister issues necessary regulations for the enforcement of laws, in such a manner that does not involve any disruption, modification, or exemption from their enforcement, and has the right to vest others with the authority to issue them, unless the law designates who should issue the necessary regulations for its own implementation.
Article 171. Regulations to create and organize public utilities
The Prime Minister issues the regulations necessary for the creation and organization of public utilities and interests upon the approval of the government.
Article 172. Disciplinary regulations
The Prime Minister issues disciplinary regulations upon the approval of the government.
Article 173. Investigation and trial
The Prime Minister and members of the government are subject to the general rules organizing investigation and trial procedures, if they commit crimes while exercising the functions of their posts or because of them. The end of their term of service does not preclude the start or resumption of prosecution.
In case of a charge of high treason against any member of the government, the provisions stipulated in article 159 of the Constitution apply.
Article 174. Resignation
If the Prime Minister offers his resignation, the letter of resignation must be presented to the President of the Republic. If a minister offers his resignation, it must be presented to the Prime Minister.
Subsection Three. Local Administration
Article 175. Administrative units
The state is divided into local administrative units that have legal personality. They include governorates, cities and villages. Other administrative units that have legal personality may be established, if the public interest requires such.
When establishing or abolishing local units or amending their boundaries, economic and social conditions shall be taken into account. The foregoing is organized by law.
Article 176. Empowerment of administrative units
The state ensures support for administrative, financial, and economic decentralization. The law organizes empowering administrative units in providing, improving, and managing public utilities well, and defines the timeline for transferring powers and budgets to the local administration units.
Article 177. Needs of local units
The state guarantees that it will satisfy the local units’ needs in terms of scientific, technical, administrative and financial assistance, and ensures the equitable distribution of facilities, services and resources, and works to bring development levels in these units to a common standard and achieve social justice between these units. This will be organized by law.
Article 178. Finances of local units
Local units have independent financial budgets.
Local units’ resources include, in addition to the resources allocated to them by the state, original and additional taxes and fees of a local nature. The unit follows the same rules and procedures in the collection of public funds as followed by the state.
The foregoing is regulated by law.
Article 179. Selection of governors and heads of local units
The law regulates the manner in which governors and heads of other local administrative units are selected, and defines their mandate.
Article 180. Election of local councils
Every local unit elects a local council by direct, secret ballot for a term of four years. A candidate must be no younger than 21 years old. The law regulates other conditions for candidacy and procedures of election, provided that one quarter of the seats are allocated to youth under 35 years old, one quarter is allocated for women, workers and farmers are represented by no less than 50 percent of the total number of seats, and these percentages include a proper representation of Christians and people with disability.
Local councils are responsible for developing and implementing the development plan, monitoring the activity’s different aspects, exercising the tools of monitoring the executive authority such as proposals, and submitting questions, briefing motions, interpellations and others, and withdrawing confidence from the heads of local units, in the manner organized by law.
The law defines the mandate of other local councils, their financial sources, guarantees of its members, and their independence.
Article 181. Local council decisions
Local council decisions that are issued within the council’s mandate are final. They are not subject to interference from the executive authority, except to prevent the council from overstepping these limits, or causing damage to the public interest or the interests of other local councils.
Any dispute over the jurisdiction of these local councils in villages, centers or towns is settled by the governorate-level local council. Disputes over the jurisdiction of governorate-level local councils are dealt with as a matter of urgency by the General Assembly of the Legal Opinion and Legislation Departments of the State Council. The foregoing is organized by law.
Article 182. Budgets and final accounts of local councils
Every local council is in charge of its own budget and final accounts, in the manner organized by law.
Article 183. Dissolution of local councils
It is prohibited to dissolve local councils as part of a comprehensive administrative procedure.
The manner to dissolve and reelect them is organized by law.
Section Three. The Judicial Authority
Subsection One. General Provisions
Article 184. The judiciary
The judiciary is independent. It is vested in the courts of justice of different types and degrees, which issue their judgments in accordance with the law. Its powers are defined by law. Interference in judicial affairs or in proceedings is a crime to which no statute of limitations may be applied.
Article 185. Judicial bodies
Each judicial body or organization shall manage its own affairs, shall be consulted concerning the draft laws regulating its affairs; each of them shall have an independent budget. The President of the Republic shall appoint the heads of the judicial bodies or organizations, out of the oldest seven deputies thereof, for a period of four years, or until their retirement age, whichever is earlier, and for one time throughout their terms of office, as regulated by law.
A Supreme Council for the judicial bodies or organizations headed by the President of the Republic shall hold their common affairs. The members of the Council would include the head of the Supreme Constitutional Court, the heads of the judicial bodies or organizations, the head of Cairo Appeal Court, and the Prosecutor General.
The Council shall have a secretary who is appointed by the President of the Republic for a period of time specified by the law and alternately between the members of the Council.
In the absence of the President of the Republic, he shall be replaced temporarily by who he authorizes from among the heads of the bodies or organizations.
The Council shall be competent to consider the conditions of appointing, promoting and disciplining members of bodies or organizations. The Council’s opinion shall be taken on the draft laws regulating the affairs of these bodies and organizations. Decisions shall be issued with the approval of a majority of its members.
Article 186. Judicial independence
Judges are independent, cannot be dismissed, are subject to no other authority but the law, and are equal in rights and duties. The conditions and procedures for their appointment, secondment, delegation and retirement are regulated by the law. It also regulates their disciplinary accountability.
They may not be fully or partly delegated except to bodies and to perform tasks that are identified by law, provided that all the foregoing maintains the independence and impartiality of the judiciary and judges and prevents conflicts of interest. The rights, duties and guarantees granted to them are specified by law.
Article 187. Public sessions
Court sessions are public, unless, for reasons of public order or morals, the court deems them confidential. In all cases, the verdict is given in an open session.
Subsection Two. The Judiciary and Public Prosecution
Article 188. Mandate
The judiciary adjudicates all disputes and crimes except for matters over which another judicial body is competent. Only the judiciary settles any disputes relating to the affairs of its members, and its affairs are managed by a higher council whose structure and mandate are organized by law.
Article 189. Public prosecution
The public prosecution is an integral part of the judiciary. It is responsible for investigating, pressing charges and prosecuting all criminal cases except what is exempted by law. The law establishes the public prosecution’s other competencies.
The Prosecutor General shall be in charge of the Public Prosecution. He shall be chosen by the President of the Republic out of three nominees from the Supreme Judicial Council, the deputy heads of the Court of Cassation and the heads of the Courts of Appeal and the assistant attorneys for a period of four years or until reaching retirement age, whichever is earlier.
Article 190. Mandate
The State Council is an autonomous judicial body, and it shall have the exclusive jurisdiction to settle administrative disputes and disputes relevant to the execution of all its rulings as well as the adjudication of disciplinary cases and appeals and decisions of disciplinary boards. It is the one concerned with giving opinions for the legal issues of the bodies determined by the law, revising the draft laws, the decisions that have a legislative character, the draft contracts which the law determines them and their values, and which the state or one of the public authorities is one of their parties.
Subsection Three. The State Council
Section Four. The Supreme Constitutional Court
Article 191. Independence, seat, budget, General Assembly
The Supreme Constitutional Court is an independent judicial body. It is based in Cairo. If necessary, it may convene anywhere else in the country with the approval of the Court’s General Assembly. It has an independent budget whose items are all discussed by the House of Representatives. After it is approved, it is incorporated in the state budget as a single figure. The Court’s General Assembly is responsible for governing the Court’s affairs and is consulted on the draft laws related to the Court’s affairs.
Article 192. Jurisdiction
The Supreme Constitutional Court is exclusively competent to decide on the constitutionality of laws and regulations, interpret legislative texts, and adjudicate in disputes pertaining to the affairs of its members, in disputes between judicial bodies and entities that have judicial mandate, in disputes pertaining to the implementation of two final contradictory rulings, one of which is issued by any judicial body or an agency with judicial mandate and the other issued by another body, and in disputes pertaining to the implementation of its rulings and decisions.
The law defines the Court’s other competencies and regulates the procedures that are to be followed before the Court.
Article 193. Composition
The Court is made up of a president and a sufficient number of deputies to the president.
The Commissioners Authority of the Supreme Constitutional Court is composed of a president and a sufficient number of presidents in the authority, advisors and assistant advisors.
The President of the Republic shall choose the head of the Constitutional Court from among the five oldest deputy heads of the Court. The President of the Republic shall also appoint the deputy head of the Court from among two candidates, one of whom shall be nominated by the General Assembly of the Court, while the head of the court shall nominate the other. The head of the board of commissioners and its members shall be appointed by a decision of the President of the Republic based on the nomination of the head of the Court, and after consulting the General Assembly of the Court, all as prescribed by law.
Article 194. President and vice-presidents
The President and the vice-presidents of the Supreme Constitutional Court, and the head and members of its Commissioners Authority are independent, cannot be dismissed, and are subject to no other authority but the law. The law sets out the conditions that they must meet. The Court is responsible for their disciplinary accountability as set out by law. They are entitled to all the rights, duties and guarantees granted to other members of the judiciary.
Article 195. Publication of rulings and decisions
The Official Gazette publishes the rulings and decisions issued by the Supreme Constitutional Court. They are binding to everyone and to all state authorities. They enjoy absolute authenticity in their regard.
The effects of a decision that a legislative text is unconstitutional are organized by law.
Section Five. Judicial Bodies
Article 196. State Cases Authority
The State Cases Authority is an independent judicial body. It undertakes the legal representation of the state in lawsuits and disputes to which the state is party. It may propose settling of disputes at any stage of litigation in accordance with the law. It also conducts technical supervision the cases undertaken by the departments of legal affairs at the state’s administrative body. It authors the draft contracts referred to it by administrative bodies and to which the state is party. The foregoing is organized by law.
Its other competencies are defined by law. Its members have all of the securities, rights and duties assigned to other members of the judiciary. Their disciplinary accountability is organized by law.
Article 197. Administrative Prosecution
The Administrative Prosecution is an independent judicial body. It investigates financial and administrative irregularities, and those referred to it. Regarding these irregularities, it has the authorities vested in the administration body to inflict disciplinary penalties. Challenging its decisions takes place before the competent disciplinary court at the State Council. It also initiates and conducts proceedings and disciplinary appeals before the State Council courts in accordance with the law. All the foregoing is organized by law.
Other competencies are defined by law. Its members share securities, rights and duties assigned to other members of the judiciary. Their disciplinary accountability is organized by law.
Section Six. The Legal Profession
Article 198. Guarantees, prohibition against arrest
The legal profession is an independent profession. It participates with the judiciary in achieving justice and the rule of law, and ensuring the right to defense. It is practiced independently by lawyers, and lawyers of public sector and public business sector agencies and companies. While undertaking the right of defense before courts, all lawyers enjoy the guarantees and protection granted to them by law, which also apply to them before investigation and trial authorities. Except in cases of flagrante delicto, arresting or detaining lawyers while exercising their right of defense is prohibited. The foregoing is organized by law.
Section Seven. Aides to the Judiciary
Article 199. Judicial experts, forensic medicine experts, and members of the notary public
Judicial experts, forensic medicine experts, and notary publics undertake their work independently. The law ensures the necessary guarantees and protection for them to perform their work, as organized by law.
Section Eight. The Armed Forces and the Police Force
Subsection One. The Armed Forces
Article 200. Mandate
The armed forces belong to the People, and their duty is to protect the country, preserve its security and the integrity of its territories and maintain the Constitution, democracy, the basic of civil state, as well as the people’s gains, rights and freedoms. Only the State shall be entitled to establish the armed forces. No individual, organization, entity, or group shall be allowed to create military or quasi-military squadrons, groups or organizations.
The armed forces have a Supreme Council as regulated by law.
Article 201. Commander in Chief of the armed forces
The Minister of Defense is the Commander in Chief of the Armed Forces, appointed from among its officers.
Article 202. Public mobilization, administrative disputes
The law regulates public mobilization and defines the conditions of service, promotion and retirement in the armed forces.
The judicial committees for officers and personnel of the armed forces are exclusively competent for adjudicating in all administrative disputes pertaining to decisions affecting them. The law regulates the rules and procedures for challenging the decisions of these committees.
Subsection Two. The National Defense Council
Article 203. Composition, mandate
A National Defense Council is established, presided over by the President of the Republic and including in its membership the Prime Minister, the Speaker of the House of Representatives, the Minister of Defense, the Minister of Foreign Affairs, the Minister of Finance, the Minister of Interior, the Chief of the General Intelligence Service, the Chief of Staff of the armed forces, the Commanders of the Navy, the Air Forces and Air Defense, the Chief of Operations for the armed forces and the Head of Military Intelligence.
The Council is responsible for looking into matters pertaining to the methods of ensuring the safety and security of the country, for discussing the armed forces’ budget, which is incorporated as a single figure in the state budget. Its opinion must be sought in relation to draft laws on the armed forces.
Its other competencies are defined by law.
When discussing the budget, the head of the financial affairs department of the armed forces and the heads of the Planning and Budgeting Committee and the National Security Committee at the House of Representatives shall be included
The President of the Republic may invite whoever is seen as having relevant expertise to attend the Council’s meetings without having their votes counted.
Subsection Three. The Military Judiciary
Article 204. Definition, mandate, military trial of civilians
The Military Judiciary is an independent judiciary that adjudicates exclusively in all crimes related to the armed forces, its officers, personnel, and their equals, and in the crimes committed by general intelligence personnel during and because of the service.
No civilian shall face trial before the military court, except for crimes that constitute an assault against military facilities or camps of the armed forces, or their equivalents, or facilities that are protected by the armed forces, against military zones or border zones determined as military zones, against the armed forces’ equipment, vehicles, weapons, ammunition, documents, military secrets, or its public funds, or against military factories; crimes pertaining to military service; or crimes that constitute a direct assault against the officers or personnel of the armed forces by reason of performing their duties.
The law defines such crimes and determines the other competencies of the Military Judiciary.
Members of the Military Judiciary are autonomous and cannot be dismissed. They share the securities, rights and duties stipulated for members of other judiciaries.
Subsection Four. The National Security Council
Article 205. Composition, mandate
The National Security Council is established. It is presided over by the President of the Republic and includes in its membership the Prime Minister, the Speaker of the House of Representatives, the Minister of Defense, the Minister of Interior, the Minister of Foreign Affairs, the Minister of Finance, the Minister of Justice, the Minister of Health, the Chief of the General Intelligence Services, and the Heads of the Committees of Defense and National Security in the House of Representatives.
The Council adopts strategies for establishing security in the country and facing disasters and crises of all kinds, takes necessary measures to contain them, identifies sources of threat to Egyptian national security, whether at home or abroad, and undertakes necessary actions to address them on the official and popular levels.
The Council may invite whoever is seen as being of relevant expertise to attend its meetings without having their votes counted.
Other competencies and regulations are defined by law.
Subsection Five. The Police Force
Article 206. Mandate
The police force is a statutory civil body that is in the service of the people. Its loyalty is to the people. It ensures safety and security to citizens, preserves public order and morality. It is committed to undertake the duties imposed on it by the Constitution and the law, and to respect human rights and basic rights. The state guarantees that members of the police force perform their duties. Guarantees for that are organized by law.
Article 207. Supreme Police Council
The Supreme Police Council is composed from among the most senior officers of the police force and the head of the Legal Opinion Department at the State Council. The Council assists the Minister of Interior in organizing the police force and managing the affairs of its members. Its other competences are identified by law. It must be consulted in any laws pertaining to it.
Section Nine. The National Elections Commission
Article 208. Mandate
The National Elections Commission is exclusively responsible for managing referenda and presidential, parliamentary and local elections, which includes the preparation and update of a database of voters, proposal and division of constituencies, setting regulations for and overseeing electoral campaigns, funding, electoral expenditure declaration thereof, and managing the procedures for out-of-country voting by expatriate Egyptians, and other procedures, up to the announcements of results.
The foregoing is regulated by law.
Article 209. Structure, composition
The National Elections Commission is administered by a board made up of 10 members selected equally from among the vice-presidents of the Court of Cassation, the presidents of the Courts of Appeal, the vice-president of the State Council, the State Affairs and Administrative Prosecution, who are to be selected by the Supreme Judicial Council and special councils of the aforementioned judicial bodies depending on the circumstances, provided that they are not members in them. They are appointed by decree from the President of the Republic. They are selected to exclusively work at the Commission for one term of at least six years. The Commission’s presidency belongs to its most senior member from the Court of Cassation.
Half of the members of the council are replaced every three years.
The Commission may refer to public figures, specialists, and those deemed to have relevant expertise in the field of elections. They do not have the right to vote.
The Commission has a permanent executive body. The law determines its composition, system of operation, and the rights, duties and securities of its members to achieve their neutrality, independence and integrity.
Article 210. Administering voting and counting of votes
Voting and counting of votes in referenda and elections run by the Commission is administered by its affiliated members under the overall supervision of the Board. It may use the help of members of judicial bodies.
The voting and counting of votes in elections and referenda in the 10 years following the date on which this Constitution comes to effect are to be overseen by members of judicial bodies and entities in the manner set out in the law.
The Supreme Administrative Court adjudicates challenges against the Commission’s decisions pertaining to referenda, presidential and parliamentary elections, and their results. Challenges against local elections are to be filed before the Administrative Court. Dates to file challenges against these decisions are specified by law, provided that challenges are finally adjudicated within ten days from the date of filing them.
Section Ten. The National Media Council
Article 211. Mandate, composition
The National Media Council is an independent entity that has a legal personality, enjoys technical, financial and administrative independence, and has an independent budget.
The Council is regulates the affairs of radio, television, and printed and digital press, among others.
The Council is responsible for guaranteeing and protecting the freedom of press and media stipulated in the Constitution; safeguarding its independence, neutrality, plurality and diversity, preventing monopolistic practices; monitoring the legality of the sources of funding of press and media institutions; and establishing the controls and regulations necessary to ensure the commitment of press and media outlets to adhere to professional and ethical standards, and national security needs as set out by law.
The law determines the composition of the Council, its system of operation, and stipulates the conditions of employment for its staff.
The Council is to be consulted on bills and regulations related to its field of operation.
Article 212. National Press and Media Association
The National Press and Media Association is independent, manages state-owned press and media institutions, and undertakes the development of them and their assets, and ensures their development, independence, neutrality and their adherence to sensible professional, administrative and economic standards.
The composition of the association, its system of operation, and the conditions of employment of its staff are specified by law.
It is to be consulted about bills and regulations pertaining to its field of operation.
Article 213. National Press and Media Association
The National Press and Media Association is independent, manages state-owned television, radio and digital media outlets, and undertakes the development of them and their assets, and ensures their development, independence, neutrality and their adherence to sensible professional, administrative and economic standards.
The composition of the association, its system of operation, and the conditions of employment for its staff are specified by law.
It is to be consulted about bills and regulations pertaining to its field of operation.
Section Eleven. National Councils, Independent Bodies and Regulatory Agencies
Subsection One. National Councils
Article 214. National Councils
The law specifies independent national councils including the National Council for Human Rights, the National Council for Women, the National Council for Childhood and Motherhood, and the National Council for Persons with Disability. The law sets out their structures, mandates, and guarantees for the independence and neutrality of their members. They have the right to report to the public authorities any violations pertaining to their fields of work.
These councils have legal personalities and enjoy technical, financial, and administrative independence. They are to be consulted with regards to draft laws and regulations pertaining to their affairs and fields of work.
Subsection Two. Independent bodies and regulatory agencies
Article 215. Independent bodies and regulatory agencies
Independent bodies and regulatory agencies are identified by law. These bodies and agencies have legal personality, and technical, financial and administrative independence, and are consulted about draft laws and regulations that relate to their fields of operation. These bodies and agencies include the Central Bank, the Egyptian Financial Supervisory Authority, the Central Auditing Organization, and the Administrative Control Authority.
Article 216. Creation of each independent body or regulatory agency
For the creation of each independent body or regulatory agency, a law is issued defining its competencies, regulating its work and stipulating guarantees for its independence and the necessary protection for its employees and the rest of their conditions, to ensure their neutrality and independence.
The President of the Republic appoints the heads of independent bodies and regulatory agencies upon the approval of the House of Representatives with a majority of its members, for a period of four years, renewable once. They cannot be relieved from their posts except in cases specified by law. The same prohibitions apply to them that apply to ministers.
Article 217. Reporting by independent bodies and regulatory agencies
Independent bodies and regulatory agencies present annual reports to the President of the Republic, the House of Representatives and the Prime Minister at their time of issuance.
The House of Representatives considers such reports and takes appropriate action within a period not exceeding four months from the date of receipt. The reports are presented for public opinion.
Independent bodies and regulatory agencies notify the appropriate investigative authorities of any evidence of violations or crimes they may discover. They must take the necessary measures with regards to these reports within a specified period of time. The foregoing is regulated by law.
Article 218. Fighting corruption
The state is committed to fighting corruption, and the competent control bodies and organizations are identified by law.
Competent oversight bodies and organizations commit to coordinate with one another in combating corruption, enhancing the values of integrity and transparency in order to ensure sound performance of public functions, preserve public funds, and develop and following up on the national strategy to fight corruption in collaboration with other competent control bodies and organizations, in the manner organized by law.
Article 219. Central Auditing Organization
The Central Auditing Organization is responsible for monitoring the funds of the state, public legal personalities and other bodies to be identified by law; for the implementation of the state budget and independent budgets; and for reviewing its final accounts.
Article 220. Central Bank
The Central Bank is responsible for developing and overseeing the implementation of monetary, credit, and banking polices, and for monitoring banks. It is exclusively entitled to issue banknotes. It maintains the safety of the monetary and banking system, and the stability of prices within the framework of the state’s general political economic policy, in the manner organized by law.
Article 221. Financial Supervisory Authority
The Egyptian Financial Supervisory Authority is responsible for monitoring and supervising markets and non-banking financial tools including capital markets, futures exchanges, insurance activities, real estate funding, financial leasing, and factoring and securitization, in the manner organized by law.
