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Constitution of Egypt – 8: Amendments of the Constitution 2005

Amendments of the Constitution 2005

Issue Amendment of the Constitution of the Arab Republic of Egypt

Head of State After reviewing the results of the referendum of 25 May 2005 on amending article 76 and adding article 192(repeated) to the constitution, According to article 189 of the constitution the amendment of article 76 and the addition of article 192 (repeated) to the constitution are issued as follows:

(Article 1) Article 76 of the constitution is to be replaced by the following:

Article (76) President of the Republic shall be elected by direct public secret ballot.

For candidature for presidency of the republic to be acceptable, a candidate should be supported by at least 250 elected members of the People’s Assembly, the Shura Council and Municipal Councils in governorates, provided that supporters be at least 65 members of the People’s Assembly, 25 members of the Shura Council and 10 members of each of the Municipal Councils of at least 14 governorates.

The number of supporters from the People’s Assembly, the Shura Council and the Municipal Councils of governorates shall be increased with a percentage equal to the number of any of those councils.

In all case, supporting more than one candidate shall not be permissible. The law shall organize the procedures of all that, and political parties that completed fives continuous years before opening the door for candidature, practiced their activities ever since and won at least 5% of the seats of elected members in both the People’s Assembly and the Shura Council may nominate one of the member of their supreme board in accordance with their standing orders, provided that a candidate is a member of that board for a least one year.

As an exception of this paragraph, every political party may nominate for the first presidential election held after application of this article a candidate who is a member of his supreme board composed before 10 May, 2005, in accordance with its standing orders.

Applications for candidature shall be submitted to an independent committee called the “Committee on Presidential Elections”. This committee shall presided by the chief justice of the Supreme Constitutional Court and comprise the head of the Cairo Court of Appeal, the first deputy chief justice of the Supreme Constitutional Court, the first deputy chairman of the Court of Cassation, the first deputy chairman of the State Council and five public figures known for their impartiality, three of whom selected for five years by the People’s Assembly and two by the Shura Council upon proposal of the Bureau of each council. The law shall decide whoreplaces the committee chairman or any of its members in case of any hindering circumstances.

This committee is exclusively competent to: 1. Announcing the opening of candidature, supervising its procedures and announcing the final list of candidates. 2. Supervising the procedures of proposals and vote counting. 3. Announcing the result of elections. 4. Adjudicating on all petitions and challenges and all matters within its competences including cases of disputed jurisdiction. 5. Drafting rules of procedure to organize its work methodology and the exercise of its competences.

Decisions of the committee shall be made by a majority of at least seven of its members and shall be final, valid by themselves, unchallengeable before any tribunal and may not be interpreted or prevented from execution.

The law organizing presidential elections shall define other competences of the committee as well as the rules for nominating a replacement for a candidate whose post becomes vacant for any reason other than relinquishment of candidature during the period between the beginning of candidature and the end of the ballot.

Elections shall be held on one day, and the committee on presidential elections shall set the committees that supervise the voting and vote counting processes, provided that this is supervised by general committees composed of members of the judiciary in accordance with the rules and regulations defined by the committee. Election of the President is announced when the candidate wins absolute majority of valid votes.

In case none of the candidates wins this absolute majority a second round of elections shall be held after at least seven days between the two candidates who won the highest number of votes. In case two candidates win equal valid votes they shall go for the second round in which the winner shall be the candidate who wins the greater number of votes.

Elections for the post of President of the Republic shall be held even if only one candidate applied for candidature or in case all other candidates relinquished their candidature or no one applied to replace a candidate whose candidature become vacant.

In such case the candidate who wins the absolute majority of valid votes shall be the winning candidate. President of the Republic shall president the bill organizing presidential elections to the Supreme Constitutional Court after its approval by the People’s Assembly and before a report on its constitutionality is issued. The Supreme Constitutional Court shall issue its report on this matter within fifteen days of the referral. In case it decides the constitutionality of a text or more of the bill. President of the Republic shall return it to the People’s Assembly to act accordingly. In all cases the ruling of the Supreme Constitutional Court shall be binding to all authorities of the State. It shall be published in the official gazette within three days of its

(Article 2) A new article with the number 192 (repeated) to be added to the constitution that reads as follows: Article (192 Rept) The word “election” shall replace the word “referendum” wherever it occurs in the Constitution with regard to electing the President of the Republic.

(Article 3) The amendments stated in the abovementioned articles are in effect by the date of announcing the referendum results

Next: Chapter 9- Amendments of the Constitution 2007

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