Syrian Arab Republic 2012 Constitution - Page 4 of 6

Table of Contents

Title III. State Authorities

Chapter I. Legislative Authority

Article 55

The legislative authority of the state shall be assumed by the People’s Assembly in accordance with the manner prescribed in the Constitution.

Article 56

The People’s Assembly term shall be for four calendar years from the date of its first meeting and it may not be extended except in case of war by a law.

Article 57

Members of the People’s Assembly shall be elected by the public, secret, direct and equal vote in accordance with the provisions of the Election Law.

Article 58

A member of the People’s Assembly shall represent the whole people, and his/her commission may not be defined by a restriction or condition, and shall exercise duties under the guidance of his/hers honor and conscience.

Article 59

Voters shall be the citizens who have completed eighteen years of age and met the conditions stipulated in the Election Law.

Article 60

The system of electing members of the People’s Assembly, their number and the conditions to be met by the candidates shall be determined by a law;
Half of the members of the People’s Assembly at least shall be of the workers and farmers, and the law shall state the definition of the worker and the farmer.

Article 61

The Election Law shall include the provisions that ensure:

The freedom of voters to choose their representatives and the safety and integrity of the electoral procedures;
The right of candidates to supervise the electoral process;
Punishing those who abuse the will of the voters;
Identifying the regulations of financing election campaigns;
Organizing the election campaign and the use of media outlets.

Article 62

Elections shall be held during the sixty days preceding the expiry date of the mandate of the People’s Assembly term;
The People’s Assembly shall continue its meetings if no other Assembly is elected and it shall remain in place until a new Assembly is elected.

Article 63

If the membership of a member of the People’s Assembly is vacant for some reason, an alternative shall be elected within sixty days from the date of the membership vacancy, provided that the remaining term of the Assembly is no less than six months. The membership of the new member shall end by the expiry date of the mandate of the Assembly’s term, and the Election Law shall determine the cases of vacant membership.

Article 64

The People’s Assembly shall be called to convene by a decree issued by the President of the Republic within fifteen days from the expiry date of the mandate of the existing Assembly or from the date of announcing the election results in case of not having such an Assembly. The People’s Assembly shall be definitely convened on the sixteenth day if the call-to-convene decree is not issued;
The Assembly shall elect, at its first meeting, its speaker and members who shall be annually re-elected.

Article 65

The Assembly shall call for three regular sessions per year; the total of which should not be less than six months, and the Assembly’s rules of procedure shall set the time and duration of each of them;
The Assembly may be invited to extraordinary sessions upon the request of the President of the Republic, one third of the members of the Assembly or the Assembly’s office;
The last legislative session of the year shall remain open until the approval of the state budget.

Article 66

The Supreme Constitutional Court shall have jurisdiction to consider appeals related to the elections of the members of the People’s Assembly.
Appeals shall be submitted by the candidate within three days from the date of announcing the results; and the court shall decide its final judgments within seven days from the expiry date of submitting appeals.

Article 67

Members of the People’s Assembly shall swear-in the constitutional oath mentioned in Article 7 of the Constitution.

Article 68

The emoluments and compensations of members of the People’s Assembly shall be determined by a law.

Article 69

The People’s Assembly shall put its rules of procedure to regulate the manner of working in it and the way of exercising its functions, and define terms of reference of the Assembly’ office.

Article 70

Members of the People’s Assembly shall not be questioned in a civil or criminal manner because of events or opinions they express or during a vote in public or private meetings and during the work of the committees.

Article 71

Members of the People’s Assembly shall enjoy immunity for the mandate duration of the Assembly. Criminal proceedings against any member of them shall be taken after having a prior permission from the Assembly unless caught in the act. In non-session cases, permission shall be taken from the Assembly’s office, and the Assembly shall be notified by any action taken at its first meeting.

Article 72

No member may take advantage of membership in any business;
The law shall specify the business which may not be combined with the membership in the Assembly.

Article 73

The speaker of the People’s Assembly shall represent the Assembly, sign and speak on its behalf;
The People’s Assembly shall have special guards under the authority of the Speaker of the Assembly; and no armed force may enter the Assembly without the permission of its Speaker.

Article 74

Members of the People’s Assembly shall exercise the right of proposing laws and directing questions and inquiries to the cabinet or a minister in accordance with the rules of procedure of the Assembly.

Article 75

The People’s Assembly undertakes the following functions:

Approval of laws;
Discussing the statement of the cabinet;
Perform a vote of no-confidence in the cabinet or a minister;
Approval of the general budget and final accounts;
Approval of development plans;
Approval of international treaties and conventions related to the safety of the state, including treaties of peace, alliance and all treaties related to the rights of sovereignty or conventions which grant privileges to foreign companies or institutions as well as treaties and conventions entailing additional expenses not included in its budget; or treaties and conventions related to loans’ contract or that are contrary to the provisions of the laws in force and requires new legislation which should come into force;
Approval of a general amnesty;
Accepting or rejecting the resignation of one of the members of the Assembly.

Article 76

The Prime Minister shall present the cabinet’s statement within thirty days from the date of its formation to the People’s Assembly for discussion;
The cabinet shall be responsible for the implementation of its statement before the People’s Assembly;
If the Assembly is not in a regular session, it shall be invited to convene an extraordinary session.

Article 77

A vote of no-confidence can only be conducted after the cabinet or one of its ministers is questioned in the Assembly; a vote of no-confidence should be upon a proposal made by at least a fifth of the members of the People’s Assembly and it must be obtained with a majority of the members;
If a vote of no-confidence is obtained, the Prime Minister shall submit the cabinet’s resignation to the President, so should the minister who got a vote of no-confidence.

Article 78

The Assembly might form temporary committees from among its members to collect information and find facts on the issues related to exercising its authorities.

Article 79

For every fiscal year there shall be one budget; and the beginning of fiscal year shall be determined by a law;
The law states the method of preparing the state’s general budget;
The draft budget should be presented to the people’s Assembly at least two months before the beginning of the fiscal year.

Article 80

The Assembly votes on the budget title by title; and the budget shall not enter into force unless approved by the Assembly;
If the Assembly did not complete the process of approving the budget until the beginning of the new fiscal year, the budget of the previous years is used until the new year budget is approved and the revenues are collected in accordance with the laws and regulations in force;
Appropriations cannot be transferred from one title to another except according to the provisions of the law;
The Assembly might not increase the estimates of total revenues or expenditures while examining the budget.

Article 81

The people’s Assembly might, after approving the budget, approve laws which could create new expenditures and new revenues to cover them.

Article 82

The final accounts of the fiscal year shall be presented to the People’s Assembly within a period not longer than one year as of the end of this year. The final account is done by a law; and the same procedures in approving the budget apply to the final account period.

Chapter II. The Executive Authority

1. The President of the Republic

Article 83

The President of the Republic and the Prime Minister exercise executive authority on behalf of the people within the limits provided for in the constitution.

Article 84

The candidate for the office of President of the Republic should:

Have completed forty years of age;
Be of Syrian nationality by birth, of parents who are of Syrian nationality by birth;
Enjoy civil and political rights and not convicted of a dishonorable felony, even if he was reinstated;
Not be married to a non-Syrian wife;
Be a resident of the Syrian Arab Republic for no less than 10 years continuously upon being nominated.

Article 85

The nomination of a candidate for the office of President of the Republic shall be as follows:

The Speaker of the People’s Assembly calls for the election of the President of the Republic before the end of the term of office of the existing president by no less than 60 days and no more than 90 days;
The candidacy application shall be made to the Supreme Constitutional Court, and is entered in a special register, within 10 days of announcing the call for electing the president;
The candidacy application shall not be accepted unless the applicant has acquired the support of at least 35 members of the People’s Assembly; and no member of the assembly might support more than one candidate;
Applications shall be examined by the Supreme Constitutional Court; and should be ruled on within 5 days of the deadline for application;
If the conditions required for candidacy were met by only one candidate during the period set for applying, the Speaker of the people’s assembly should call for fresh nominations according to the same conditions.

Article 86

The President of the Republic shall be elected directly by the people;
The candidate who wins the election for the President of the Republic is the one who gets the absolute majority of those who take part in the elections. If no candidate receives that majority, a rerun is carried out between the two candidates who receive the largest number of votes;
The results shall be announced by the Speaker of the People’s Assembly.

Article 87

If the People’s Assembly was dissolved during the period set for electing a new President of the Republic, the existing President of the Republic continues to exercise his duties until after the new Assembly is elected and convened; and the new President of the Republic shall be elected within the 90 days which follow the date of convening this Assembly;
If the term of the President of the Republic finished and no new president was elected, the Existing President of the Republic continues to assume his duties until the new president is elected.

Article 88

The President of the Republic is elected for 7 years as of the end of the term of the existing President. The President can be elected for only one more successive term.

Article 89

The Supreme Constitutional Court has the jurisdiction to examine the challenges to the election of the President of the Republic;
The challenges shall be made by the candidate within 3 days of announcing the results; and the court rules on them finally within 7 days of the end of the deadline for making the challenges.

Article 90

The President of the Republic shall be sworn in before the People’s Assembly before assuming his duties by repeating the constitutional oath mentioned in Article 7 of the Constitution.

Article 91

The President of the Republic might name one or more deputies and delegate to them some of his authorities;
The Vice-president is sworn in before the President of the Republic by repeating the constitutional oath mentioned in Article 7 of the Constitution.

Article 92

If an impediment prevented the President of the Republic from continuing to carry out his duties, the Vice-president shall deputize for him.

Article 93

If the office of the President of the Republic becomes vacant or if he is permanently incapacitated, the first Vice-president assumes the President’s duties for a period of no more than 90 days of the President of the Republic’s office becoming vacant. During this period new presidential elections shall be conducted;
If the office of the President of the Republic becomes vacant, and he does not have a Vice-president, his duties shall be assumed temporarily by the Prime Minister for a period of no more than 90 days of the date of the President of the Republic’s office becoming vacant. During this period new presidential elections shall be conducted.

Article 94

If the President of the Republic resigned from office, he should address the resignation letter to the People’s Assembly.

Article 95

The protocol, privileges and allocations required for the office of President of the Republic shall be set out in a law.

Article 96

The President of the Republic shall insure respect for the Constitution, the regular running of public authorities, protection of national unity and survival of the state.

Article 97

The President of the Republic shall name the Prime Minister, his deputies, ministers and their deputies, accept their resignation and dismiss them from office.

Article 98

In a meeting chaired by him, the President of the Republic lays down the general policy of the state and oversees its implementation.

Article 99

The President of the Republic might call the Council of Ministers to a meeting chaired by him; and might ask for reports from the Prime Minister and the ministers.

Article 100

The President of the Republic shall pass the laws approved by the People’s Assembly. He might also reject them through a justified decision within one month of these laws being received by the Presidency. If they are approved a second time by the People’s Assembly with a two thirds majority, they shall be passed by the President of the Republic.

Article 101

The President of the Republic shall pass decrees, decisions and orders in accordance with the laws.

Article 102

The President of the Republic declares war, calls for general mobilization and concludes peace agreements after obtaining the approval of the People’s Assembly.

Article 103

The President of the Republic declares the state of emergency and repeals it in a decree taken at the Council of Ministers chaired by him with a two thirds majority, provided that the decree is presented to the People’s Assembly in its first session. The law sets out the relevant provisions.

Article 104

The President of the Republic accredits heads of diplomatic missions in foreign countries and accepts the credentials of heads of foreign diplomatic missions in the Syrian Arab Republic.

Article 105

The President of the Republic is the Commander in Chief of the army and armed forces; and he issues all the decisions necessary to exercise this authority. He might delegate some of these authorities.

Article 106

The President of the Republic appoints civilian and military employees and ends their services in accordance with the law.

Article 107

The President of the Republic concludes international treaties and agreements and revokes them in accordance with provisions of the Constitution and rules of international law.

Article 108

The President of the Republic grants special amnesty and might reinstate individuals.

Article 109

The President of the Republic has the right to award medals and honors.

Article 110

The President of the Republic might address letters to the People’s Assembly and make statements before it.

Article 111

The President of the Republic might decide to dissolve the People’s Assembly in a justified decision he makes;
Elections for a new People’s Assembly shall be conducted within 60 days of the date of dissolution;
The People’s Assembly might not be dissolved more than once for the same reason.

Article 112

The President of the Republic might prepare draft laws and refer them to the People’s Assembly to consider them for approval.

Article 113

The President of the Republic assumes the authority of legislation when the People’s Assembly is not in session, or during sessions if absolute necessity requires this, or in the period during which the Assembly is dissolved.
These legislation shall be referred to the Assembly within 15 days of its first session;
The Assembly has the right to revoke such legislation or amend them in a law with a majority of two thirds of the members registered for attending the session, provided it is no less than the absolute majority of all its members. Such amendment or revocation shall not have a retroactive effect. If they are not amended or revoked, they shall be considered approved.

Article 114

If a grave danger and a situation threatening national unity, the safety and integrity of the territories of the homeland occurs, or prevents state institutions from shouldering their constitutional responsibilities, the President of the Republic might take the quick measures necessitated by these circumstances to face that danger.

Article 115

The President of the Republic might set up special bodies, councils and committees whose tasks and mandates are set out in the decisions taken to create them.

Article 116

The President of the Republic might call for a referendum on important issues which affect the higher interests of the country. The result of the referendum shall be binding and come into force as of the date of its announcement; and it shall be published by the President of the Republic.

Article 117

The President of the Republic is not responsible for the acts he does in carrying out his duties except in the case of high treason; and the accusation should be made through a People’s Assembly decision taken by the Assembly in a public vote and with a two thirds majority in a secret session based on a proposal made by at least one third of the members. He shall be tried before the Supreme Constitutional Court.

2. The Council of Ministers

Article 118

The Council of Ministers is the highest executive and administrative authority of the state. It consists of the Prime Minister, his deputies and the ministers. It supervises the implementation of the laws and regulations and oversees the work of state institutions;
The Prime Minister supervises the work of his deputies and the ministers.

Article 119

The allocations and benefits of the Prime Minister, his deputies and the ministers shall be set out in a law.

Article 120

The Prime Minister, his deputies and the ministers shall be sworn in before the President of the Republic when a new government is formed by repeating the constitutional oath mentioned in Article 7 of the Constitution before they start their work. When the government is reshuffled, only the new ministers shall be sworn in.

Article 121

The Prime Minister, his deputies and the ministers shall be responsible before the President of the Republic and the People’s Assembly.

Article 122

The minister is the highest administrative authority in his ministry, and he shall implement the state’s public policy in relation to his ministry.

Article 123

While in office, ministers shall be barred from being members of the boards of private companies or agents for such companies and from carrying out, directly or indirectly, any commercial activity or private profession.

Article 124

The Prime Minister, his deputies and the ministers shall be responsible for their acts, from a civil and penal perspective, in accordance with the law;
The President of the Republic has the right to refer the Prime Minister, his deputies and the ministers to the courts for any crimes any of them commits while in office or because of such crimes;
The accused shall be suspended from office as soon as an indictment is made until a ruling is passed on the accusation made against him. His resignation or dismissal does not prevent his trial. Procedures are conducted as stated in the law.

Article 125

The cabinet shall be considered as resigned in the following cases:
1. Upon the end of the term of office of the President of the Republic;
2. Upon the election of a new People’s Assembly;
3. If the majority of the ministers resigned.
The cabinet carries on in a care taker capacity until a decree is passed naming a new cabinet.

Article 126

An individual can be a minister and a member of the People’s Assembly at the same time.

Article 127

Provisions applying to ministers apply to deputy ministers.

Article 128

The mandate of the Council of Ministers is as follows:

It draws the executive plans of the state’s general policy;
It guides the work of ministers and other public bodies;
It draws the state’s draft budget;
It drafts laws;
It prepares development plans and plans for upgrading production and the exploitation of national resources and everything that could support and develop the economy and increase national income;
It concludes loan contracts and grants loans in accordance with provisions of the constitution;
Concludes treaties and agreements in accordance with provisions of the constitution;
Follows up on enforcing the laws and protects the interests and the security of the state and protects the freedoms and rights of the population;
Passes administrative decisions in accordance with the laws and regulations and oversees their implementation.

Article 129

The Prime Minister and the ministers exercise the authorities provided for in the laws in force in a manner that does not contravene the authorities given to other authorities in the Constitution, in addition to the other authorities stated in its provisions.

3. Local Councils

Article 130

The Syrian Arab Republic consists of administrative units; and the law states their number, boundaries, authorities and the extent to which they enjoy the status of a legal entity, financial and administrative independence.

Article 131

The organization of local administration units is based on applying the principle of decentralization of authorities and responsibilities. The law states the relationship between these units and the central authority, their mandate, financial revenues and control over their work. It also states the way their heads are appointed or elected, their authorities and the authorities of heads of sectors.
Local administration units shall have councils elected in a general, secret, direct and equal manner.

Chapter III. The Judicial Authority

1. The Courts and Attorney General’s Office

Article 132

The judicial authority is independent; and the President of the Republic insures this independence assisted by the Supreme Judicial Council.

Article 133

The Supreme Judicial Council is headed by the President of the Republic; and the law states the way it shall be formed, its mandate and its rules of procedures;
The Supreme Judicial Council insures the provision of the guarantees necessary for the independence of the judiciary.

Article 134

Judges are independent and there is no authority over them except that of the law;
The judges’ honor, conscience and impartiality constitute the guarantees for people’s rights and freedoms.

Article 135

The law regulates the different branches, categories and degrees of the judicial system. It also states the rules for the mandates of different courts.

Article 136

The law states the conditions for appointing judges, promoting, transferring, disciplining and dismissing them.

Article 137

The Attorney General’s Office is a single judicial institution headed by the Minister of Justice. The law regulates its function and mandate.

Article 138

Judicial rulings are made in the name of the Arab people of Syria;
Not implementing judicial rulings or obstructing their implementation is a crime punished in accordance with provisions of the law.

2. Administrative Judiciary

Article 139

The State’s Council is in charge of Administrative Judiciary. It is an independent judicial and advisory body. The law states its mandate and conditions for appointing, promoting, transferring, disciplining and dismissing them.