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Constitution of Egypt – 9: Amendments of the Constitution 2007

Amendments of the Constitution 2007

The Head of the State:

Taking into account the results of the referendum of amendments of articles no. 1, 4, and 5 adding a third paragraph, article no. 12 first paragraph, articles no. 24, 30, 33, 37, and 56 second paragraph, articles no. 59, 62, 73, 74, and 76 third and fourth paragraphs, article no. 78 adding a second paragraph, articles no. 82 and 84 first paragraph, article no. 85 second paragraph, articles no. 88, 94, 115 and article no. 118 first paragraph, articles no. 127, 133 and article no. 136 first and second paragraph, article no. 138 adding second paragraph, articles no. 141 and no. 161 adding second paragraph, article no. 173 and title of chapter VI and articles no. 179 and no. 180 first paragraph, articles no. 194, 195, and 205 of the Constitution, held on March 26th 2007.

And article no. 189 of the Constitution,

Amendments of the constitution are issued as follow;

(Article 1): The Arab Republic of Egypt is a democratic state based on citizenship. The Egyptian people are part of the Arab nation and work for the realization of its comprehensive unity.

(Article 4): Economy in the Arab Republic of Egypt is based on the development of economic activity, social justice, guarantee of different forms of property and the preservation of laborers’ rights.

(Article 5) added: The citizens have the right to form political parties according to the law and no political activity shall be exercised or political parties shall be formed on the basis of religion or on discrimination due to gender or race.

(Article 12) first paragraph: Society shall be committed to safeguarding and protecting morals, promoting the genuine Egyptian traditions and abiding by the high standards of religious education, moral and national values, the historical heritage of the people, scientific facts, and public manners within the limits of the law.

(Article 24): The State shall sponsor national production and shall work for realizing social and economic development.

(Article 30): Public ownership is the ownership of the people as represented in the ownership of the State and the public legal persons.

(Article 33): Public ownership shall have its sanctity, and its protection and consolidation is the duty of every citizen in accordance with the law.

(Article 37): The law shall fix the maximum limit of land ownership with a view to protecting the farmer and the agricultural laborer from exploitation.

(Article 56) second paragraph: The law regulates the participation of syndicates and unions in carrying out the social programs and plans, raising the standard of efficiency among their members, and safeguarding their funds.

(Article 59): Environment protection is a national duty. The law organizes procedures needed to protect the environment.

(Article 62): Citizens shall have the right to vote and express their opinions in referendums according to the provisions of the law. Their participation in public life is a national duty. The law shall regulate the right of candidacy to the People’s Assembly and the Shura Council and the local councils according to the electoral system it specifies. The law may adopt a system, combining between the individual system and the party lists by means of any ratio between them to be specified by the law. It may also include a minimum limit for the women’s participation in the afore-mentioned councils.

(Article 73): The Head of State is the President of the Republic. He shall assert the sovereignty of the people, respect the Constitution and the supremacy of the law, safeguard the national unity and the social justice and maintain the boundaries between authorities in a manner to ensure that each shall perform its role in the national action.

(Article 74): If any danger threatens the national unity or the safety of the motherland or obstructs the constitutional role of the State institutions, the President of the Republic shall take urgent measures to face this danger after taking the opinion of the Prime Minister and the Speakers of the People’s Assembly and the Shura Council, direct a statement to the people and conduct a referendum on these measures within sixty days of its adoption. The dissolution of the People’s Assembly and the Shura Council may not take place while exercising these authorities.

(Article 76) third and fourth paragraphs: Political parties, which have been founded at least five consecutive years before the starting date of candidature and have been operating uninterruptedly for this period, and whose members have obtained at least 3% of the elected members of both the People’s Assembly and the Shura Council or what equals this total in one of the two assemblies, may nominate for presidency a member of their respective higher board, according to their own by laws, provided he has been a member of such board for at least one consecutive year. As an exception to the provisions of the afore-mentioned paragraph, the afore-mentioned political parties whose members obtained at least one seat in any of the People’s Assembly or the Shura Council in the last elections may nominate in any presidential elections to be held within ten years as of May 1, 2007, any member of its higher board, according to their own by laws, provided he has been a member of such board for at least one consecutive year. (Article 78) second paragraph added: The new President shall be selected at least one week before the expiration of the term.

(Article 82): If on account of any temporary obstacle the President of the Republic is unable to carry out his functions, he shall delegate his powers to a vice president or the Prime Minister should there be no vice-president or in case of being unable to do so. The one who shall act as the President of the Republic may not request the amendment of the Constitution or dissolve the People’s Assembly or the Shura Council or to relieve the cabinet. (Article 84): In case of the vacancy of the Presidential Office or the permanent disability of the President of the Republic, the President of the People’s Assembly shall temporarily assume the Presidency; and, if at that time, the People’s Assembly is dissolved, the President of the Supreme Constitutional Court shall take over the Presidency, however, on condition that neither one shall nominate himself for the Presidency, however, on condition that neither one shall nominate himself for the Presidency while abiding by the provisions of the second paragraph of Article 82.

(Article 85) second paragraph: The President shall be suspended from the exercise of his duty as from the issuance of the impeachment. The Vice-president shall temporarily assume the Presidency or the Prime Minister should there be no vice-president while abiding by the provisions of the second paragraph of Article 82 till issuing a ruling regarding the impeachment.

(Article 88): The necessary conditions stipulated in the members of the People’s Assembly shall be defined by law which shall set out the provisions of the election and casting ballot shall take place in one day. A higher committee which enjoys independence and impartiality shall supervise the elections in the manner regulated by the law. The law shall set out the competencies of the committee and the way of its formation and current and former members of judicial bodies shall be among its members. The committee shall form the general committees supervising the elections at the level of the constituencies and the committees exercising the measures of casting ballot and votes’ counting. The general committees shall be formed of members of judicial bodies and votes counting shall be made under the supervision of the general committees in accordance with the rules and the measures defined by the law.

(Article 94): If the seat of a member becomes vacant before the end of his term, the vacant position must be occupied in accordance with the law within sixty days from the date as of informing the Assembly of the occurrence of the vacancy. The term of the new member shall be complementary to that of his predecessor.

(Article 115): The draft public budget shall be submitted to the People’s Assembly at least three months before the beginning of the fiscal year. It shall be considered in effect after approval. The draft budget shall be voted upon title by title. The People’s Assembly may modify the expenditures mentioned in the budget draft except those regarded as an implementation to a specified commitment by the State. Should the modification result in increasing the expenditures, the People’s Assembly has to agree with the government on means to provide resources of the revenues to realize rebalance between them and expenditures. The budget shall be issued by a law which may include modification in any already issued law as necessary to realize this balance. Should not the new budget be ratified before the beginning of the new fiscal year, the old budget shall be in effect till ratification. The law shall define the way of the budget preparation as well as the fiscal year.

(Article 118): The final account of the State budget shall be submitted to the People’s Assembly within a period not exceeding six months from the date of the expiration of the fiscal year. It shall be voted upon title by title and issued by a law.

(Article 127): The People’s Assembly shall determine the responsibility of the Prime Minister, on a proposal by one- tenth of its members. Such a decision should be taken by the majority of the members of the Assembly. It may not be taken except after an interpellation addressed to the government, and after at least three days from the date of its presentation. In the event that such responsibility is determined, the Assembly shall submit a report to the President of the Republic including the elements of the subject, the conclusions reached on the matter and the reasons behind it. The President of the Republic may accept the resignation of the government or return such a report to the Assembly within ten days. Should the Assembly ratify it once again by a majority of two thirds of its members, the President of the Republic shall accept the resignation of the government. Should the proposal of the responsibility of the Prime Minister be rejected, the one requesting the withdrawal of confidence may not re-request it in the same session.

(Article 133): The Prime Minister shall submit the program of the government within sixty days of the date of its formation to the People’s Assembly or in its first meeting should not be assembled. Should not the Assembly ratify this program by the majority of its members, the President of the Republic may accept the resignation of the Cabinet. Should not the Assembly ratify the program of the new cabinet, the President of the Republic may dissolve the Assembly or accept the resignation of the Cabinet. The Prime Minister and the ministers and other members of the government may deliver a statement before the People’s Assembly or any of its committees as regards a subject matter within its competency. The Assembly or the committee shall discuss this statement and express opinion over any remarks regarding it. The People’s Assembly is entitled to discuss such program.

(Article 136) first and second paragraphs: The President of the Republic shall not dissolve the People’s Assembly unless it is necessary. Should the Assembly be dissolved over a matter, the new Assembly may not be dissolved for the same matter. The decision must include a call on voters for holding new elections of the People’s Assembly in a date not exceeding sixty days from the date of issuing the decision of dissolution.

(Article 138) second paragraph added: The President of the Republic shall exercise the competencies stipulated in articles 144, 145, 146, 147 after the approval of the Cabinet and the competencies stipulated in articles 108, 148, 151 (second paragraph) after taking its opinion.

(Article 141): The President of the Republic shall appoint the Prime Minister and relieve him of his post and the appointment of his deputies, the ministers and their deputies and relieving them of their posts shall take place by a decision of the President of the Republic after taking the opinion of the Prime Minister.

(Article 161) second paragraph added: The law guarantees decentralization and regulates the means of empowering the administrative units as regards providing local services and utilities, promoting them and managing them well.

(Article 173): Every judicial body shall assume its own affairs. A council shall be formed to join the chiefs of the judicial bodies chaired by the President of the Republic to care for its common affairs. The law shall prescribe its formation, its competencies, and its rules of action.

Next: Chapter 10-  Combat Terrorism

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