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- Year: 2007
- Country: Egypt
- Language: English
- Document Type: Domestic Law or Regulation
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THE CONSTITUTION OF THE ARAB REPUBLIC OF EGYPT, 1971
(as Amended to 2007)
Table of Contents
PART I THE STATE
PART II BASIC FOUNDATIONS OF SOCIETY
CHAPTER I Social and Moral Foundations
CHAPTER II Economic Foundations
PART III PUBLIC FREEDOMS, RIGHTS AND DUTIES
PART IV RULE OF LAW
PART V SYSTEM OF GOVERNMENT
CHAPTER I The Head of State
CHAPTER II The Legislature
CHAPTER III The Executive
Section I The President of the Republic
Section II The Government
Section III The Local Administration
Section IV The National Specialized Councils
CHAPTER IV The Judiciary
CHAPTER V The Supreme Constitutional Court
CHAPTER VI The Fight Against Terrorism
CHAPTER VII Armed Forces and the National Defense C ouncil
CHAPTER VIII The Police
PART VI GENERAL AND TRANSITIONAL PROVISIONS
PART VII NEW PROVISIONS
CHAPTER I The Shura Council
CHAPTER II The Press
Proclamation:
We, the people of Egypt, who have been toiling on t his great land since the dawn of history
and the beginning of civilization:
We, the people working in Egypt’s villages, cities, plants, centers of education, industry and
in all field of work which contributes to create li fe on its soil or which plays a part in the
honor of defending this land;
We, the people who believe in our immortal and spir itual heritage, and who are confident in
our profound faith, and cherish the honor of man an d of humanity; We, the people, who in
addition to shouldering the trust of history, carry the responsibility of great present and future
objectives whose seeds are embedded in the long and arduous struggle, and which hosted the
flags of freedom, socialism and unity along the pat h of the great march of the Arab nation;
We, the Egyptian people, in the name of God and by His assistance, pledge indefinitely and
unconditionally to exert every effort to realize:
First:
Peace for our World: Being determined that peace should be based on jus tice, and that the
political and social progress of all peoples can on ly be realized through the freedom of these
peoples and their independent will, and that any ci vilization is not worthy of its name unless it
is free from exploitation whatever its form.
Second:
Arab Unity: The hope of our Arab Nation, being convinced that Arab Unity is a call of
history and of the future, and a demand of destiny; and that it cannot materialize except
through an Arab Nation, capable of warding off any threat, whatever the source or the pretexts
for such a threat.
Third:
National Development: Being convinced that the true challenge confrontin g nations is the
realization of progress and that such progress does not occur automatically, or through
slogans; but that the driving force behind it is th e release of the potentials of creativity and
inspiration in our people, who have asserted at all times their contribution to civilization and
to humanity through work alone.
Our people have passed through successive experienc es, meantime offering rich experiences
on the national and international level and being g uided by them, which ultimately took shape
in the July 23 Revolution of 1952.
This Revolution was brought about by the alliance o f the working forces of our perseverant
people who were able, through profound and refined consciousness, to retain their original
character, but at the same time move forward in a bid to realize full integration between
science and faith, between political and social fre edom, between national independence and
social affiliation; and to participate in the world wide struggle for the liberation of man, on the
political, economic, cultural and ideological level s, and in the struggle against the forces of
regression, domination and exploitation.
Fourth:
Freedom and Humanity of Egyptians: Realizing that man’s humanity and dignity are the
lights which guide and direct the course of the gre at development of mankind for the
realization of its supreme ideal.
Man’s dignity is a natural reflection of the nation ’s dignity, now that the individual is the
cornerstone in the edifice of the homeland, the lan d that derives its strength and prestige from
the value of man and his education.
The sovereignty of law is not only a guarantee for the freedom of the individual alone, but is
also at the same time the sole basis for the legali ty of authority.
The alliance of the active popular powers is not a means for social strife leading towards
historical development.
In this modern age, it is a safety valve, protectin g the unity of working powers in the country
and eliminating, through democracy, any contradicti ons.
We, the people of Egypt, out of determination, conf idence and faith in all national and
international responsibilities, and in acknowledgme nt of God’s right and His Heavenly
Messages, and in the right of the country and natio n, as well as of the principle and
responsibility of mankind, and in the name of the A lmighty and His assistance, declare on the
11th of September, 1971 that we accept and grant to ourselves this Constitution, affirming our
determination to defend and protect it, and asserti ng our respect for it in letter and spirit.
Constitution of the Arab Republic of Egypt
PART I
THE STATE
Article 1
[1]
The Arab Republic of Egypt is a democratic state ba sed on citizenship.
The Egyptian people are part of the Arab Nation and work for the realization of its
comprehensive unity.
Article 2
Islam is the religion of the State and Arabic its o fficial language.
Islamic law ( Sharia) is the principal source of legislation.
Article 3
Sovereignty is for the people alone; they are the source of authority.
The people shall exercise and protect this sovereig nty, and safeguard national unity in the
manner specified in the Constitution.
Article 4
[2]
The national economy is based on the development of economic activity, social justice, the
guarantee of the different forms of property and th e preservation of workers’ rights.
Article 5
[3]
The political system of the Arab Republic of Egypt is a multiparty one, within the framework
of the basic elements and principles of the Egyptia n society as stipulated in the Constitution.
Political parties are regulated by the law
The citizens have the right to establish political parties according to the law. It is prohibited,
however, to exercise any political activity or to f ound any political party based on religious
considerations or on discrimination on grounds of g ender or race.
Article 6
The Egyptian nationality is defined by the law.
PART II
BASIC FOUNDATIONS OF SOCIETY
CHAPTER I
Social and Moral Foundations
Article 7
Social solidarity is the basis of the society.
Article 8
The State shall guarantee equality of opportunity t o all citizens.
Article 9
The family is the basis of the society founded on r eligion, morality and patriotism.
The State strives to preserve the genuine character of the Egyptian family—with the values
and traditions it embodies—while affirming and deve loping its character in relations within
the Egyptian society.
Article 10
The State shall guarantee the protection of motherhood and childhood, take care of children
and youth and provide suitable conditions for the d evelopment of their talents.
Article 11
The State shall guarantee the proper coordination b etween the duties of woman towards the
family and her work in the society, considering her equal status with man in the fields of
political, social, cultural and economic life witho ut violation of the rules of Islamic
jurisprudence.
Article 12
[4]
The society shall be committed to safeguarding and protecting morals, promoting the genuine
Egyptian traditions and abiding by the high standar ds of religious education, moral and
national values, historical heritage of the people, scientific facts, socialist conduct and public
morality within the limits of the law.
The State is committed to abiding by these principl es and promoting them.
Article 13
Work is right, a duty and an honor ensured by the S tate.
Workers who excel in their field of work shall rece ive the appreciation of the State and the
society.
No work shall be imposed on the citizens, except by virtue of the law, for the performance of
a public service and in return for a fair remunerat ion.
Article 14
All citizens have the right to public offices, whic h are assigned to those in trust in the service
of the people.
The State guarantees the protection of public offic ers in the performance of their duties in
safeguarding the interests of the people.
They may not be dismissed on other than disciplinar y grounds except in the cases specified by
the law.
Article 15
The war veterans, those injured in war or because o f it, and the wives and children of those
killed shall have priority in work opportunities ac cording to the law.
Article 16
The State shall guarantee cultural, social and heal th services, and work to ensure them for the
villages in particular in an easy and regular manne r in order to raise their standard.
Article 17
The State shall guarantee social and health insurance services. All citizens have the right to
pensions in cases of incapacity, unemployment and o ld-age, in accordance with the law.
Article 18
Education is a right guaranteed by the State.
It is compulsory at the primary stage, and the Stat e shall strive to make it compulsory at the
other stages.
The State shall supervise all branches of education and guarantee the independence of
universities and scientific research institutions, with a view to linking all of them to the
requirements of society and production.
Article 19
Religious education shall be a principal subject in the courses of general education.
Article 20
Education in the State educational institutions sha ll be free of charge at the various stages.
Article 21
Combating illiteracy shall be a national duty for w hich all the people’s energies shall be
mobilized.
Article 22
The institution of civil titles shall be prohibited .
CHAPTER II
Economic Foundations
Article 23
The national economy shall be organized in accordan ce with a comprehensive development
plan which ensures the growth of the national incom e, fair distribution, higher living
standards, elimination of unemployment, the increas e of job opportunities, the linking of
wages to productivity and the determination of mini mum and maximum wages in a manner
which guarantees the reduction of disparities betwe en incomes.
Article 24
[5]
The State shall sponsor the national production and work for the realization of social and
economic development.
Article 25
Every citizen shall have a share in the national revenue to be defined by the law in accordance
with his work or his non-exploitative ownership.
Article 26
The workers shall have a share in the management an d profits of the projects. They are
committed to the development of production and the implementation of the plan in their
production units, in accordance with the law. Prote cting the means of production is a national
duty.
Workers shall be represented on the boards of direc tors of the public sector units by at least
50% of the number of members of these boards. The l aw shall guarantee for the small farmers
and small craftsmen 80% of the membership on the bo ards of directors of the agricultural co-
operatives and industrial cooperatives.
Article 27
Beneficiaries shall participate in the management o f the services projects of public interest
and their supervision in accordance with the law.
Article 28
The State shall look after the cooperatives in all their forms and encourage handicrafts with a
view to developing production and raising income.
The State shall endeavor to consolidate the agricul tural cooperatives according to modern
scientific bases.
Article 29
Ownership shall be under the supervision of the peo ple and the protection of the State.
There are three kinds of ownership: public ownershi p, cooperative ownership and private
ownership.
Article 30
[6]
Public ownership is the ownership of the people as represented in the ownership of the State
and the public legal persons.
Article 31
Co-operative ownership is the ownership of the co-o perative societies. The law guarantees its
protection and self-management.
Article 32
Private ownership shall be represented by the non-e xploitative capital. The law organizes the
performance of its social function in the service o f national economy within the framework of
the development plan so that it may not be in conflict, in the ways of its use, with the general
welfare of the people.
Article 33
[7]
Public ownership shall have its sanctity, and its p rotection and consolidation is the duty of
every citizen in accordance with the law.
Article 34
Private ownership shall be safeguarded and may not be put under sequestration except in the
cases specified in the law and with a judicial deci sion. It may not be expropriated except for
the general good and against a fair compensation in accordance with the law. The right of
inheritance is guaranteed in it.
Article 35
Nationalization shall not be allowed except for con siderations of public interest, in accordance
with a law and subject to compensation.
Article 36
General sequestration of funds shall be prohibited.
Private sequestration shall not be allowed except w ith a judicial decision.
Article 37
[8]
The law shall fix the maximum limit of land ownersh ip with a view to protecting the farmer
and the agricultural laborer from exploitation.
Article 38
The tax system shall be based on social justice.
Article 39
Saving is a national duty protected, encouraged and organized by the State.
PART III
PUBLIC FREEDOMS, RIGHTS AND DUTIES
Article 40
All citizens are equal before the law.
They have equal rights and duties without discrimin ation between them due to race, ethnic
origin, language, religion or creed.
Article 41
Individual liberty is a natural right and shall not be touched. Except in cases of in flagrante
delicto no person may be arrested, inspected, detained or his freedom restricted or freedom of
movement curtailed except by judicial warrant requi red for the purpose of an investigation or
the preservation of the security of the society.
This warrant shall be issued by the competent judge or the Public Prosecutor in accordance
with the provisions of the law.
The law shall determine the period of custody.
Article 42
Any person arrested, detained or his freedom restri cted shall be treated in a manner
compatible with the preservation of his dignity.
No physical or moral harm is to be inflicted upon h im.
He may not be detained or imprisoned except in plac es defined by laws on the organization of
the prisons system.
If a confession is proved to have been made by a pe rson under any of the aforementioned
forms of duress or coercion, it shall be considered invalid and futile.
Article 43
No person may submit to a medical or scientific exp eriment without his free consent.
Article 44
The home shall be inviolable.
It may not be entered or searched except by virtue of a judicial warrant prescribed by the law.
Article 45
The law shall protect the inviolability of the priv ate life of citizens.
Correspondence, wires, telephone calls and other me ans of communication shall be inviolable
and secret and may not be seized or put under surve illance except by judicial warrant and for
a limited period according to the provisions of the law.
Article 46
The State shall guarantee the freedom of belief and the freedom of practice of religious rites.
Article 47
Freedom of opinion is guaranteed.
Every individual has the right to express his opinion and to disseminate it verbally or in
writing or by photography or by other means within the limits of the law.
Self-criticism and constructive criticism is the gu arantee for the safety of the nation.
Article 48
Freedom of the press, printing, publication and mas s media shall be guaranteed.
Censorship of newspapers as well as their control, suspension or suppression by
administrative methods is prohibited.
In a state of emergency or in time of war a limited censorship may be imposed on the
newspapers, publications and mass media in matters related to public safety or purposes of
national security in accordance with the law.
Article 49
The State shall guarantee the freedom of scientific research and literary, artistic and cultural
innovation and provide the necessary means for its realization.
Article 50
No citizen may be prohibited from residing in any p lace and no citizen may be forced to
reside in a particular place, except in the cases d efined by the law.
Article 51
No citizen may be deported from the country or prev ented from re-entering the national
territory.
Article 52
Citizens shall have the right to permanent or tempo rary immigration.
The law shall regulate this right and the forms and conditions of immigration and exit from
the country.
Article 53
The right to political asylum shall be guaranteed b y the State for every foreigner persecuted
for defending the peoples’ interests, human rights, peace or justice.
The extradition of political refugees is prohibited .
Article 54
Citizens shall have the right to peaceable and unar med private assembly, without the need for
prior notice.
Security personnel may not attend these private meetings.
Public meetings, processions and assemblies are all owed within the limits of the law.
Article 55
Citizens shall have the right to form associations as defined by the law.
The establishment of associations whose activities are detrimental to society or have a
clandestine or military character is prohibited.
Article 56
[9]
The establishment of syndicates and unions on a dem ocratic basis is a right guaranteed by
law; they shall be recognized as legal entities.
The law shall regulate the participation of syndica tes and unions in carrying out the social
programs and plans, raising the standard of efficie ncy among their members, and
safeguarding their funds.
They are responsible for questioning their members about their behavior in carrying out their
activities in accordance with accepted moral standa rds, and for the defense of their rights and
liberties of their members as defined in the law.
Article 57
Any violation of individual liberty or of the invio lability of private life of citizens or on any
other rights or liberties guaranteed by the Constit ution and the law shall be considered a
crime, whose criminal and civil prosecution is not subject to the statute of limitations.
The State shall grant a fair compensation to the vi ctim of such violation.
Article 58
The defense of the motherland is a sacred duty, and conscription is compulsory in accordance
with the law.
Article 59
[10]
Safeguarding the environment is a national duty, an d the law shall regulate the right to a good
environment and the measures necessary to safeguard it.
Article 60
Protecting national unity and keeping State secrets is the duty of every citizen.
Article 61
Payment of taxes and public duties is an obligation in accordance with the law.
Article 62 [11]
Citizens shall have the right to vote and express t heir opinions in referendums in accordance
with the provisions of the law.
Their participation in public life is a national du ty. The law shall regulate the right to stand for
election to the People’s Assembly, the Shura Counci l and the local councils in accordance
with the electoral system it specifies. The law may adopt a system which combines the
individual member system with the party list system on the basis of a ratio between the two
systems to be determined by the law. It may also st ipulate a minimum representation of
women in the afore-mentioned councils.
Article 63
Every individual has the right to submit written pe titions signed by himself to the public
authorities.
Public authorities should not be petitioned in the name of groups, with the exception of
disciplinary institutions and juridical persons.
PART IV
RULE OF LAW
Article 64
The rule of law shall be the basis of the exercise of public power in the State.
Article 65
The State shall be subject to the law.
The independence and immunity of the judiciary are two basic guarantees to safeguard rights
and liberties.
Article 66
Penalties shall be personal.
There shall be no crime or penalty except by virtue of the law.
No penalty shall be inflicted except by judicial se ntence.
Penalty shall be inflicted only for acts committed subsequent to the promulgation of the law
prescribing them.
Article 67
Any defendant is innocent until he is proved guilty before a legal court before which he is
granted the right to defend himself.
Every person accused of a crime must be provided with counsel for his defense.
Article 68
Access to the courts is an inalienable right, and e very citizen is entitled to submit his case to
the competent judge.
The State shall guarantee free access to the courts for the parties to a controversy and a speedy
determination of their claims.
Any provision in the law stipulating the immunity o f any act or administrative decision from
judicial control is prohibited.
Article 69
The right of defense either in person or by counsel is guaranteed.
The Law shall grant needy citizens the means to res ort to justice and defend their rights.
Article 70
No criminal charges shall be brought except by indi ctment of a judicial authority in the cases
defined by the law.
Article 71
Any person arrested or detained should be informed promptly of the reasons for his arrest or
detention.
He has the right to communicate, inform, and ask th e help of anyone as prescribed in the law.
He must be confronted, as soon as possible, with th e charges brought against him.
Any person may lodge a complaint to the courts agai nst any measure taken to restrict his
individual freedom.
The law regulates the right of complaint in a manne r which ensures that a decision is issued
within a fixed delay, or else release is imperative .
Article 72
Sentences shall be passed and executed in the name of the people.
The non-execution of sentences or the obstruction o f their execution by the competent civil
servants is considered a crime punishable by law.
In this case those who have a vested interest in th e execution of the sentence may bring
criminal charges before the competent court.
PART V
SYSTEM OF GOVERNMENT
CHAPTER I
The Head of State
Article 73
[12]
The Head of State is the President of the Republic.
He shall assert the sovereignty of the people, ensu re respect for the Constitution and the rule
of law, safeguard national unity and social justice and keep the authorities within the limits of
their respective powers in order to make sure that each performs its role in the interest of the
Nation.
Article 74
[13]
If any danger threatens the national unity or the s afety of the motherland or obstructs the
constitutional role of the State institutions, the President of the Republic shall take urgent
measures to confront this danger after consulting t he Prime Minister, the Speakers of the
People’s Assembly and the Shura Council, address a message to the people and conduct a
referendum on the measures taken within sixty days of their adoption. The People’s Assembly
and the Shura Council may not be dissolved during t he exercise of these powers.
Article 75
The person to be elected President of the Republic must be an Egyptian born to Egyptian
parents and enjoy civil and political rights.
His age must not be less than 40 Gregorian years.
Article 76
[14] , [15]
The President shall be elected by direct, public, s ecret ballot. In order to be accepted as a
candidate to the presidency, a person must be suppo rted by at least 250 elected members of
the People’s Assembly, the Shura Council and the el ected regional assemblies who must
include at least 65 members of the People’s Assembl y, 25 of the Shura Council and ten of
members of the regional assemblies in at least 14 r egions.
The number of members of the People’s Assembly, the Shura Council and local popular
councils at provincial level shall be raised in pro portion to increases in number of any of these
councils. In all cases, support may not be given to more than one candidate.
Procedures related to the nomination process shall be regulated by the law. Political parties
which have been established at least five years bef ore the announcement of the candidacy and
have been operating without interruption during thi s period, and whose members have
obtained at least 3% of the elected seats in both t he People’s Assembly and the Shura Council
or the equivalent of the combined total of these nu mbers in one of the two assemblies may
nominate for President a member of their leadership council in accordance with their own by-
laws, provided the candidate has been a member of the council for at least twelve consecutive
months.
As an exception to the provisions of the aforementi oned paragraph, the afore-mentioned
political parties whose members obtained at least o ne seat in either the People’s Assembly or
the Shura Council in the last election may nominate in any presidential elections to be held
within ten years of May 1, 2007 a member of their l eadership council in accordance with their
by-laws, provided he has been a member of the counc il for at least twelve consecutive
months.
Candidacies shall be submitted to an independent co mmittee named Presidential Elections
Committee. The Committee shall be composed of the h ead of the Supreme Constitutional
Court as a chairman and the head of the Cairo Court of Appeal, the most senior deputy of the
head of the Supreme Constitutional Court, the most senior deputy of the head of the Court of
Cassation, the most senior deputy of the State Coun cil and five public figures, recognized for
their impartiality. Three of the aforementioned pub lic figures shall be selected by the People’s
Assembly and the other two by the Shura Council upo n a recommendation of the bureaus of
both houses for a period of five years.
The law shall determine who will act on behalf of t he chairman or any member of the
Committee, should they be unable to perform their f unctions for some reason.
This Committee shall have the following exclusive c ompetences:
1. To declare the opening of the candidate selectio n process and supervise procedures for
fixing the final list of candidates;
2. To generally supervise balloting and vote-counti ng procedures;
3. To announce elections results;
4. To decide on all appeals, challenges and all mat ters related to its competences, including
conflicts of jurisdiction;
5. To draw up by-laws regulating its modus operandi and the procedures for the discharge of
its functions.
The Committee’s resolutions shall be adopted with a majority of at least seven members. Its
resolutions shall be final, self-executing and inco ntestable by any means or before any
authority whatsoever. Its resolutions may not be ch allenged by way of interpretation or by
granting a stay of execution. The law regulating pr esidential elections shall determine other
competences of the Committee.
The law shall also determine the rules governing th e nomination of a candidate who is to
replace another candidate who has abandoned his can didacy for some other reason than his
assignment to public functions in the period from t he opening of the candidate selection
process until the end of the presidential vote.
Voting shall be conducted in one single day. The Pr esidential Elections Committee shall
establish committees to manage the different stages of the voting and ballot-counting process.
They will be supervised by general committees whose members are chosen by the Presidential
Elections Committee from judicial bodies in order t o monitor the whole process in accordance
with such rules and regulations as may be decided b y the Committee.
A candidate who has obtained the absolute majority of validly cast votes shall be declared
elected. In the event that none of the candidates h as obtained such a majority, a second round
of voting shall take place at the earliest after se ven days between the two candidates who have
obtained the largest number of votes. Should a thir d candidate obtain a number of valid votes
equal to the number of votes of the candidate who a rrived in second place, he shall also take
part in the second round. In this case, the candida te who obtains the largest number of votes
will be declared the winner.
The presidential election shall take place even if only one candidate has presented a valid
application or if he is the only candidate remainin g due to assignment of the other candidates
or due to the failure to field another candidate in lieu of the one who abandoned his
candidacy.
In this case, the candidate who has obtained the ab solute majority of the number of valid votes
shall be declared winner. The law shall regulate th e procedure which has to be followed in the
event the candidate fails to obtain this majority.
The President shall submit the draft law regulating the presidential election to the Supreme
Constitutional Court following approval by the Peop le’s Assembly and before promulgation,
in order to determine compliance with the Constitut ion.
The Court shall deliver its ruling on this matter w ithin fifteen days from the President’s
submission. Should the court decide that one or mor e provisions of the draft law are
unconstitutional; the President shall return it to the People’s Assembly in order to bring the
law into conformity with the ruling. In all cases, the court’s ruling shall be binding on all
parties and all state authorities. The law shall be published in the Official Gazette within three
days from the date of delivery.
Article 77
The term of the Presidency is six Gregorian years s tarting from the date of the announcement
of the result of the referendum.
The President of the Republic may be re-elected for other successive terms.
Article 78
[16]
The selection process of a new President of the Rep ublic shall start sixty days before the
expiration of the term of the President in office.
Should the election of the new President be announc ed before the end of the term of his
predecessor, his presidential term shall start on t he second day following the end of the said
term.
The new President shall be selected at least one we ek before the expiration of previous
presidential term.
Should this term expire without the selection of the new President being completed for any
reason whatsoever, the former President shall conti nue to exercise his functions until his
successor is elected.
Article 79
Before assuming his office, the President shall tak e the following oath before the People’s
Assembly.
“I swear by Almighty God to uphold the Republican s ystem faithfully, to respect the
Constitution and the law, to look after the interes ts of the people and to safeguard the
independence and territorial integrity of the mothe rland”.
Article 80
The salary of the President of the Republic shall b e fixed by law.
Any adjustment of the salary shall not become effec tive during the presidential term in which
the adjustment decision is taken.
The President of the Republic may not receive any o ther salary or remuneration.
Article 81
During his term the President of the Republic may n ot exercise any free profession or
undertake any commercial, financial or industrial a ctivity.
Nor may he acquire or lease any State property, sel l to or exchange with the State any
property of his whatsoever.
Article 82
[17]
If on account of any temporary obstacle the Preside nt of the Republic is unable to discharge
his functions, he shall delegate his powers to a Vi ce-President, or to the Prime Minister should
there be no Vice-President able to take over.
The acting President may not request the amendment of the Constitution, or dissolve the
People’ Assembly or the Shura, or dismiss the Cabin et.
Article 83
In case of resignation, the President shall address the letter of resignation to the People’s
Assembly.
Article 84
[18]
In case of the vacancy of the Presidential Office o r the permanent disability of the President
of the Republic, the President of the People’s Asse mbly or, if at that time the People’s
Assembly is dissolved, the President of the Supreme Constitutional Court shall take over the
Presidency, on the condition that neither shall stand as a candidate for the Presidency, and
abiding by the provisions of the second paragraph o f Article 82.
The People’s Assembly shall then proclaim the vacan cy of the office of President.
The President of the Republic shall be elected with in a maximum period of sixty days from
the day of the vacancy of the Presidential Office.
Article 85
[19]
Any charge against the President of high treason or of committing a criminal act shall be
brought upon a proposal by at least one-third of th e members of the People’s Assembly.
No impeachment procedure shall be initiated except upon the approval of a majority of two-
thirds of the Assembly members.
The President shall be suspended from the exercise of his duties as from the initiation of the
impeachment procedure.
The Vice-President or, should there be no Vice-Pres ident, the Prime Minister shall
temporarily assume the Presidency, while abiding by the provisions of the second paragraph
of Article 82 until a ruling on the impeachment is issued.
The President of the Republic shall be tried by a s pecial tribunal set up by law.
The law shall also organize the trial procedure and define the penalty.
If he is found guilty, the President shall be relie ved of his post, without prejudice to other
penalties.
CHAPTER II
The Legislature
THE PEOPLE’S ASSEMBLY
Article 86
The People’s Assembly shall exercise the legislativ e power and approve the general policy of
the State, the general plan of economic and social development and the general budget of the
State.
It shall exercise control over the work of the exec utive authority in the manner prescribed by
the Constitution.
Article 87
The law shall determine the constituencies into whi ch the national territory shall be divided;
the number of elected members of the People’s Assem bly must be at least 350, at least one-
half of which has to be workers and farmers elected by direct and secret public ballot.
The definition of the worker and the farmer shall be determined by law.
The President of the Republic may appoint a number of members not exceeding ten.
Article 88
[20]
The conditions to be fulfilled by the members of th e People’s Assembly shall be defined by
law which shall set out the rules on the organizati on of the ballot. The ballot shall take place
in one day. A Higher Committee which enjoys indepen dence and impartiality shall supervise
the elections in the manner regulated by the law. T he law shall set out the competencies of the
Committee and the procedure for its formation. Curr ent and former members of judicial
bodies shall be among its members. The Committee sh all form the general committees
supervising the elections at constituency level, an d the committees charged with the
monitoring of the ballot operations and the countin g of the votes. The general committees
shall be composed by members of judicial bodies, an d the counting of the votes shall take
place under their supervision in accordance with th e rules and procedures defined by the law.
Article 89
State and public sector employees may nominate them selves for membership in the People’s
Assembly.
A member of the People’s Assembly shall devote hims elf exclusively to his functions as a
member, except in cases specified by law.
His office or job shall be preserved for him in acc ordance with the provisions of the law.
Article 90
The member of the People’s Assembly shall take the following oath before the Assembly
before assuming upon his duties:
“I swear by God Almighty, that I shall preserve the safety of the nation and the Republican
system, shall attend to the interests of the people and shall respect the Constitution and law”.
Article 91
Members of the People’s Assembly shall receive a re muneration determined by the law.
Article 92
The duration of the People’s Assembly term is five Gregorian years from the date of its first
meeting.
Elections for renewal of the Assembly shall take pl ace within the sixty days preceding the
termination of the term.
Article 93
The People’s Assembly shall be the only authority competent to decide upon the valid
election of its members.
The Court of Cassation shall be competent to invest igate contestations of an election
presented to the Assembly, upon referral by the Pre sident of the Assembly.
The contestation shall be referred to the Court of Cassation within fifteen days from the date
of its submission to the Assembly, and the investig ation shall be completed within ninety days
from the date on which the contestation was referre d to the Court of Cassation.
The result of the investigation and the conclusions reached by the Court shall be submitted to
the Assembly for a decision upon the validity of th e contestation within sixty days from the
date of submission of the results of the investigat ion.
The membership will not be deemed invalid except by a decision taken by a majority of two-
thirds of the Assembly members.
Article 94
[21]
If the seat of a member becomes vacant before the e nd of his term, the vacant seat must be
occupied in accordance with the law within sixty da ys from the date on which the Assembly
is informed of the occurrence of the vacancy. The n ew member shall complete the term of his
predecessor.
Article 95
No member of the People’s Assembly shall, during hi s mandate, purchase or rent any State
property, or lease or sell to the State or barter w ith it any part of his property, or conclude a
contract with the State in his capacity as entrepre neur, importer or contractor.
Article 96
No membership in the People’s Assembly shall be ter minated except for loss of confidence,
status or eligibility, the loss of the member’s sta tus as a worker or farmer upon which he was
elected, or non-compliance with the duties resultin g from his mandate.
The decision on the termination of the membership s hall be taken by a majority of two-thirds
of the Assembly members.
Article 97
The People’s Assembly alone may accept the resignat ion of one of its members.
Article 98
Members of the People’s Assembly shall not be censu red for any opinions or thoughts
expressed by them in the performance of their tasks in the Assembly or one of its
committees.
Article 99
No member of the People’s Assembly shall be subjected to criminal prosecution without the
permission of the Assembly except in flagrant cases .
If the Assembly is not in session, the permission o f the President of the Assembly must be
obtained.
The Assembly must be notified of the measures taken in its first subsequent session.
Article 100
The seat of the People’s Assembly shall be Cairo.
However, in exceptional circumstances, it may meet in another city, at the request of the
President of the Republic or of the majority of the Assembly members.
Any meeting of the Assembly at another than its des ignated seat is prohibited and the
resolutions passed on this occasion shall be consid ered invalid.
Article 101
The President of the Republic shall convoke the Peo ple’s Assembly for its ordinary annual
session before the second Thursday of November.
If it is not convoked, the Assembly shall meet as o f right on the said day.
The ordinary session shall continue for at least se ven months.
Article 102
The President of the Republic may convoke the Peopl e’s Assembly for an extraordinary
session in case of necessity or upon a request sign ed by a majority of the Assembly members.
The President of the Republic shall announce the cl osure of the extraordinary session.
Article 103
The People’s Assembly shall elect, at the first mee ting of its ordinary annual session, a
President and a Vice-President for the term of the session.
If the seat of anyone of them is vacated, the Assem bly shall elect a replacement, whose term
will last until the end of his predecessor’s term.
Article 104
The People’s Assembly shall determine its rules of procedure governing its organization and
the way in which it fulfills its tasks.
Article 105
The People’s Assembly alone shall have the right to maintain order in its premises.
The President of the Assembly shall be entrusted with this task.
Article 106
The meetings of the People’s Assembly shall be publ ic.
However, the public may be excluded from the meetin g at the request of the President of the
Republic or of the Government or of its Prime Minis ter or at least twenty of its members.
In this case the Assembly shall then decide whether the debate on the issue submitted to it
shall take place in a public or in a non-public mee ting.
Article 107
A meeting of the Assembly cannot produce any effect s if the majority of the Assembly’s
members are not present.
The resolution of the Assembly shall be adopted by an absolute majority of the attending
members in cases other than those for which a speci fic majority is required.
Every article of the draft laws shall be put to a v ote.
In case of a tie vote, the motion under discussion shall be deemed rejected.
Article 108
In cases of necessity or in exceptional circumstanc es the President of the Republic shall have
the right, upon authorization by the People’s Assem bly approved by two-thirds of its
members, to adopt decrees having the force of law. The authorization must be granted for a
limited period and indicate the subjects which may be regulated by the decrees and the
motives on which they have to be based.
The decrees must be submitted to the People’s Assem bly at the first meeting after the end of
the authorization period. If they are not submitted , or if they are submitted but not approved
by the Assembly they shall cease to have the force of law.
Article 109
The President of the Republic and every member of t he People’s Assembly shall have the
right to propose laws.
Article 110
Every draft law shall be referred to a committee of the Assembly which will examine it and
submit a report. A draft law presented by members o f the People’s Assembly may only be
referred to the committee after it has been referre d to a special committee first, which shall
examine the draft law and give its opinion whether it is appropriate for the Assembly to
consider it, and after the Assembly has decided to consider the draft law.
Article 111
A draft law proposed by a member and rejected by the Assembly cannot be presented again in
the course of the same session.
Article 112
The President of the Republic shall have the right to promulgate laws or to veto them.
Article 113
If the President of the Republic vetoes a draft law adopted by the People’s Assembly, he shall
refer it back it to the Assembly within thirty days after the law had been transmitted to him by
the Assembly. If the draft law is not referred back within this period, it is considered law and
shall be promulgated.
If it is referred back to the Assembly within the a forementioned delay and approved once
again by a majority of two- thirds of the members, it is considered law and shall be
promulgated.
Article 114
The People’s Assembly shall approve the general pla n for economic and social development.
The procedure for the preparation of the plan and i ts submission to the People’s Assembly
shall be determined by law.
Article 115
[22]
The draft general budget shall be submitted to the People’s Assembly at least three months
before the beginning of the fiscal year. It shall b e considered in effect after approval.
The draft budget shall be voted upon title by title and shall be promulgated by a law. The
People’s Assembly may modify the expenditures indic ated in the draft budget except those
which implement a specific commitment of the State. Should the change result in an increase
of expenditures the People’s Assembly must agree wi th the Government on how to provide
the resources needed to balance revenues and expend itures. The budget shall be adopted in the
form of a law which may include amendments to laws already in force necessary to realize
that balance.
Should the new budget not be approved before the be ginning of the new fiscal year, the old
budget shall be in effect until ratification. The l aw shall determine the manner in which the
budget is prepared as well as the fiscal year.
Article 116
The approval of the People’s Assembly is necessary for the transfer of any funds from one
title of the budget to another, as well as for any expenditure not included in the budget or in
excess of its estimates, and shall take the form of a law.
Article 117
The provisions regulating the budgets and accounts of public organizations and organisms
shall be prescribed by law.
Article 118
[23]
The final account of the State budget shall be subm itted to the People’s Assembly within a
period not exceeding one year from the date of the expiration of the fiscal year.
It shall be voted-upon title by title and be adopte d in the form of a law.
The annual report of the Central Agency for Account ing and its observations must be
submitted to the People’s Assembly.
The Assembly has the right to request from the Cent ral Agency for Accounting, any data or
other pertinent reports.
Article 119
General taxes may only be imposed, modified or abol ished by virtue of a law.
No one may be exempted from their payment except in the cases specified by law.
No one may be asked to pay additional taxes or duti es except in the cases specified by law.
Article l20
The basic rules for the collection of public funds and the procedure for their disbursement
shall be regulated by law.
Article l21
The Executive Authority shall not contract a loan o r commit itself to a project entailing the
subsequent expenditure of funds from the State Trea sury, except with the approval of the
People’s Assembly.
Article 122
The rules governing the granting of salaries, pensi ons, indemnities, subsides and bonuses
from the State Treasury shall be determined by a la w which shall also regulate the exceptions
from these rules, and the authorities charged with their application.
Article 123
The rules and procedures for granting concessions r elating to the investment in the sources of
natural wealth and in public utilities shall be det ermined by law; the disposal, free of charge,
of real estate properties belonging to the State or the ceding of moveable properties of the
State and the rules and issues relating to them sha ll also be regulated by law.
Article 124
Every member of the People’s Assembly shall be entitled to address questions to the Prime
Minister or any of his deputies or the Ministers or their deputies concerning matters within
their jurisdiction.
The Prime Minister, his deputies, the Ministers and the persons authorized by them to speak
on their behalf shall answer the questions put to t hem by members of the People’s Assembly.
A member may withdraw his question at any time; the same question may not be form the
object of an interpellation during the same session .
Article 125
Every member of the People’s Assembly shall be enti tled to address interpellations to the
Prime Minister or his deputies or to the Ministers or their deputies concerning matters within
their jurisdiction.
Debate on an interpellation shall take place at lea st seven days after its submission, except in
cases of urgency as decided by the Assembly and wit h the government’s consent.
Article 126
The Ministers shall be responsible collectively for the general policy of the State before the
People’s Assembly; every Minister shall also be res ponsible for the acts of his Ministry.
The People’s Assembly may decide to withdraw its co nfidence from any of the Prime
Minister’s deputies or from any of the Ministers or their deputies.
A motion of no confidence may not be submitted exce pt after an interpellation.
Such a motion shall be proposed by one-tenth of the Assembly’s members.
The Assembly shall not decide on such a motion unti l after at least three days from the date of
its presentation.
Withdrawal of confidence shall be pronounced by the majority of the members of the
Assembly.
Article 127
[24]
The People’s Assembly shall determine the responsib ility of the Prime Minister, on a proposal
by one- tenth of its members. Such a decision shall be taken by the majority of the members
of the Assembly. It may not be taken except after a n 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 sha ll submit a report to the President of the
Republic including the elements of the interpellati on, the conclusions reached on the matter
and the considerations on which they are based. The President of the Republic may accept the
resignation of the Government or return the report to the Assembly within ten days. Should
the Assembly approve 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 on the
responsibility of the Prime Minister be rejected, the members requesting the withdrawal of
confidence may not put forward another request duri ng the same session.
Article 128
If the Assembly withdraws its confidence from any o f the Prime Minister’s deputies or of the
Ministers or of their deputies, they shall resign f rom office.
The Prime Minister shall submit his resignation to the President of the Republic if his
responsibility is determined by the People’s Assemb ly.
Article 129
At least twenty members of the People’s Assembly ma y ask for the discussion of a public
issue to ascertain the Government’s policy regardin g on the matter.
Article 130
The members of the People’s Assembly shall be entit led to express their opinions concerning
public issues in the presence of the Prime Minister or any of his deputies or of the Ministers.
Article 131
The People’s Assembly may form an ad hoc committee or use any of its committees for the
monitoring of the activities of any of the administ rative departments, the general
administrative institutions, any administrative or executive organ or of public projects for the
purpose of finding facts and providing the Assembly with information on the actual financial,
administrative or economic situation [of those inst itutions] or for investigating issues related
to said activities.
In the course of its enquiry, the committee shall b e entitled to collect whatever evidence it
deems necessary and to subpoena all those from whom it requests information.
All executive and administrative bodies shall compl y with the requests of the committee and
put at its disposal all the documents and evidence it has asked for.
Article 132
At the inaugural meeting of the ordinary session of the People’s Assembly, the President of
the Republic shall deliver a statement of the gener al policy of the State.
He shall also deliver other statements before the A ssembly.
The Assembly is entitled to discuss the statements of the President of the Republic.
Article 133
[25]
The Prime Minister shall submit the program of the Government to the People’s Assembly
within sixty days of the date of its formation or a t its first meeting should the Assembly not be
in session. If the Assembly does not approve the pr ogram by the majority of its members, the
President of the Republic must accept the resignation of the Government. If the Assembly
does not ratify the program of the new Cabinet, the President of the Republic may either
dissolve the Assembly or accept the resignation of the Cabinet.
The Prime Minister and the Ministers and other memb ers of the Government may deliver a
statement before the People’s Assembly or any of it s committees on any subject matter within
their competence. The Assembly or the committee sha ll discuss the statement and express its
opinions concerning the observations made in the st atement.
Article 134
The Prime Minister, his deputies, the Ministers and their deputies may become members of
the People’s Assembly.
Those of them who are not members may attend the se ssions and committees of the
Assembly.
Article 135
The Prime Minister and Ministers shall be heard in the People’s Assembly and its committees
whenever they request to speak.
They may be assisted by high-ranking officials.
A Minister shall not be entitled to vote in the Ass embly, unless he is a member.
Article 136
[26]
The President of the Republic shall not dissolve th e Assembly unless it is necessary. If the
Assembly has been dissolved over a particular issue , it may not be dissolved again over the
same issue. The decision must include a call for ne w elections to be held sixty days at the
latest after the dissolution order has been issued.
The new Assembly shall hold its first meeting withi n ten days of its election.
CHAPTER III
The Executive
Section I
The President of the Republic
Article 137
The President of the Republic shall assume executiv e power and shall exercise it in the
manner stipulated in the Constitution.
Article 138
[27]
The President of the Republic in coordination with the Government shall lay down the general
policy of the State and supervise its implementatio n in the manner prescribed in the
Constitution.
The President of the Republic shall exercise the co mpetences stipulated in Articles 144, 145,
146 and 147 after having obtained the approval of t he Cabinet and the competences stipulated
in Articles 108, 148, 151 (second paragraph) after its consultation.
Article 139
The President of the Republic may appoint one or mo re Vice-Presidents, define their
competences and relieve them of their posts.
The rules on the accountability of the President of the Republic shall be applicable equally to
the Vice-Presidents.
Article 140
Before assuming his functions, the Vice-President s hall take the following oath before the
President of the Republic:
“I swear by Almighty God to uphold the Republican s ystem faithfully, to respect the
Constitution and the law, to look after the interes ts of the people and to safeguard the
independence and territorial integrity of the mothe rland”.
Article 141
[28]
The President of the Republic shall appoint the Pri me Minister and relieve him of his
functions; the appointment and dismissal of the dep uties of the Prime Minister, of the
Ministers and their deputies shall be made by the P resident of the Republic after consultation
of the Prime Minister.
Article 142
The President of the Republic shall have the right to call a meeting of the Council of Ministers
and to attend its meeting.
He shall also preside over the meetings he attends.
He shall be entitled to demand reports from the Min isters.
Article 143
The President of the Republic shall appoint the civ il and military officials and the diplomatic
representatives, and to dismiss them in the manner prescribed by law.
He shall also accredit the diplomatic representativ es of foreign states.
Article 144
The President of the Republic shall issue the necessary regulations for the implementation of
the laws in a manner which does not modify, obstruc t or prevent their execution.
He shall have the right to vest others with authori ty to issue the regulations.
The law may determine the authorities competent to take the measures required for their
implementation.
Article 145
The President of the Republic shall issue the polic e regulations.
Article 146
The President of Republic shall issue the necessary rules for the creation and organization of
the public services and authorities.
Article 147
If events during the absence of the People’s Assemb ly require the adoption of measures which
cannot be delayed, the President of the Republic ma y take them by issuing regulations which
have the force of law. They must be submitted to th e People’s Assembly within fifteen days
from their date of issuance if the Assembly is in s ession. In case of dissolution or recess of the
Assembly, they shall be submitted at its first meet ing.
In case the regulations are not submitted to the As sembly, they lose their binding character
with retroactive effect, without need for a specifi c decision to this effect. If they are submitted
but not ratified, they cease to be effective retroa ctively, unless the Assembly ratifies their
validity for the previous period or determines thei r effects in any other manner.
Article 148
The President of the Republic shall proclaim a stat e of emergency in the manner prescribed by
law.
The proclamation must be submitted within the follo wing fifteen days to the People’s
Assembly for a decision.
In case the People’s Assembly is dissolved, the mat ter shall be submitted to the new
Assembly at its first meeting.
In all cases, the proclamation of the state of emer gency shall be issued for a limited period
which may only be extended with the approval of the Assembly.
Article 149
The President of Republic shall have the right of g ranting amnesty or commuting sentences.
A general amnesty can only be granted by virtue of a law.
Article 150
The President of Republic shall be the Supreme Commander of the Armed Forces.
He shall be the authority who declares war, after t he approval of the People’s Assembly.
Article 151
The President of Republic shall conclude internatio nal treaties and forward them to the
People’s Assembly with the necessary explanations.
The treaties shall have the force of law after thei r conclusion, ratification and publication in
accordance with the established procedure. However, peace treaties, alliance pacts,
commercial and maritime and all the treaties involv ing modifications in the national territory
or affecting the rights of sovereignty, or imposing charges on the State treasury which are not
provided for in the budget must be approved by the People’s Assembly.
Article 152
The President of the Republic may call a referendum on important matters affecting the
supreme interests of the country.
Section II
The Government
Article 153
The Government shall be the supreme executive and a dministrative organ of the State.
It shall consist of the Prime Minister, his deputie s, the Ministers and their deputies.
The Prime Minister shall supervise the work of the government.
Article 154
Whoever is appointed Minister or Deputy-Minister mu st be an Egyptian, of no less than 35
Gregorian years of age, and enjoy full civil and po litical rights.
Article 155
Before assuming the duties of their office, the mem bers of the Cabinet shall take the
following oath before the President of the Republic :
“I swear by Almighty God to uphold the Republican s ystem faithfully, to respect the
Constitution and the law, to look after the interes ts of the people, and to safeguard the
independence and territorial integrity of the mothe rland”.
Article 156
The Cabinet shall exercise the following functions in particular:
a) To lay down the general policy of the State, and to control its implementation in
collaboration with the President of the Republic an d in accordance with the presidential laws
and decrees.
b) To direct, coordinate and supervise the work of the ministries, of their affiliated organs,
and the public organizations and institutions.
c) To issue administrative and executive decisions in accordance with the laws and decrees, as
well as to supervise their implementation.
d) To prepare the draft laws and decrees.
e) To prepare the draft of the general budget of th e State.
f) To prepare the general plan.
g) To contract and grant loans in accordance with t he rules of the Constitution.
h) To supervise the implementation of laws, maintai n State security and protect the rights of
the citizens and the interests of the State.
Article 157
The Minister shall be the supreme administrative ch ief of his ministry.
He shall lay down the ministry’s policy within the framework of the State’s general policy,
and see to its implementation.
Article 158
During his term in office, the Minister shall not p ractice a free profession, pursue a
commercial, financial or industrial activity, buy o r rent any State property, lease or sell to or
barter with the State any of his own property.
Article 159
The President of the Republic and the People’s Asse mbly shall have the right to bring a
Minister to trial for crimes committed in the perfo rmance of or with regard to the duties of his
office.
The decision of the People’s Assembly to charge a m inister shall be adopted upon a proposal
submitted by at least one-fifth of its members.
No indictment shall be issued except by a majority of two- thirds of the members of the
Assembly.
Article 160
Any minister indicted shall cease in his functions until his case is decided.
The termination of his functions shall not prevent legal action being taken or pursued against
him.
The trial of the minister, the procedures and guara ntees of the trial, and the indictment shall be
regulated by the law.
The same rules shall apply to Deputy Ministers.
Section III
The Local Administration
Article 161
[29]
The Arab Republic of Egypt shall be divided into ad ministrative units with distinct legal
personality, including regions, cities and villages . Other administrative units may be created
with legal personality if this is required by the c ommon interest.
The law guarantees decentralization and determines the means to empower the administrative
units with regard to the provision of local service s and utilities, their development and good
management.
Article 162
Local People’s Councils shall be gradually formed, at the level of the administrative units, by
direct election, providing that at least half of th eir members shall be workers and farmers.
The law shall provide for the gradual transfer of a uthority to them.
Presidents and Vice-Presidents, of the Councils sha ll be elected from among their members.
Article 163
The law shall prescribe the way in which the Local People’s Councils are established, their
competences, their financial resources, the status of their members, their relations to the
People’s Assembly and to the Government and their r ole in the preparation and
implementation of the development plan and the cont rol of the various activities.
Section IV
The National Specialized Councils
Article 164
Specialized Councils shall be established on the na tional level to assist in the determination of
the general policy of the State in all fields of na tional endeavor.
These councils shall be attached to the President o f the Republic.
A Presidential decree shall determine the formation and functions of each council.
CHAPTER IV
The Judiciary
Article 165
The Judicial Authority shall be independent.
It shall be exercised by courts of justice of different types and forms which shall issue their
judgments in accordance with the law.
Article 166
Judges shall be independent and be subject to no ot her authority but the law.
No outside authority may intervene in court cases o r judicial matters.
Article 167
The law shall determine the organization of the jud iciary and its functions and the way in
which it is established and shall prescribe the con ditions and procedures concerning the
appointment and transfer of its members.
Article 168
The judges may not be dismissed from office.
The law shall determine the disciplinary measures w hich may be applied to them.
Article 169
The hearings of the courts shall be public, unless the court decides to exclude the public for
reasons of public order or morality.
In all cases, judgments shall be pronounced in publ ic sessions.
Article 170
The people shall contribute to the administration o f justice, in accordance with the procedures
and limits prescribed by law.
Article 171
The law shall regulate the organization of the Stat e Security Courts and fix their competences
as well as the conditions to be fulfilled by the ju dges sitting on those courts.
Article 172
The State Council shall be an independent judicial organ which has the competence to
determine administrative disputes and disciplinary cases. The law shall determine its other
competences.
Article 173 [30]
Every judicial body shall manage its own affairs. A council shall be established in which the
presidents of the judicial bodies are assembled und er the chairmanship of the President of the
Republic to administer their common affairs.
The law shall regulate its formation, competences a nd rules of procedure.
CHAPTER V
The Supreme Constitutional Court
Article 174
The Supreme Constitutional Court shall be an indepe ndent judicial body with distinct legal
personality in the Arab Republic of Egypt and shall have its seat in Cairo.
Article 175
The Supreme Constitutional Court has the exclusive competence to control the
constitutionality of laws and regulations and to in terpret the legislative texts in the manner
prescribed by the law.
The law shall determine the other competences of th e court and regulate the procedure to be
followed before it.
Article 176
The law shall regulate the establishment of the Sup reme Constitutional Court and determine
the requirements to be fulfilled by its members, th eir rights and immunities.
Article 177
The members of the Supreme Constitutional Court may not be dismissed from office.
The Court shall call to account its members in the manner prescribed by the law.
Article 178
The judgments issued by the Supreme Constitutional Court in constitutional cases and its
decisions concerning the interpretation of legislat ive texts shall be published in the Official
Gazette .
The law shall regulate the legal effects of a decis ion declaring the unconstitutionality of a
legislative text.
CHAPTER VI
The Fight Against Terrorism
Article 179
[31]
The State shall strive to safeguard the general discipline and security in the face of the
dangers of terrorism. The law shall regulate the pr osecution and investigation procedures
required by the fight against these dangers in such a manner that the measures described in the
first paragraph of Article 41 and the second paragr aph of Articles 44 and 45 do not obstruct
this fight, subject to the supervision of the judic iary.
The President of the Republic may refer crimes of t errorism to any judicial body established
by the Constitution or the law.
CHAPTER VII
Armed Forces and the National Defense Council
Article 180
[32]
The State alone shall establish Armed Forces which owe their allegiance to the people.
Their duty shall be to protect the country and safe guard its territory and security.
No organization or group may establish military or semi-military formations.
Article 181
General mobilization shall be organized in accordan ce with the law.
Article 182
A National Defense Council shall be established ove r which the President of the Republic
shall preside and which shall examine all questions pertaining to the ways and means to
ensure the safety and the security of the country.
The law shall determine its other prerogatives.
Article 183
The law shall organize the military courts and dete rmine their competences within the
framework of the principles of the Constitution.
CHAPTER VIII
The Police
Article 184
The Police constitute a civil institution.
Its Supreme Chief shall be the President of the Rep ublic.
The Police shall perform its duty in the service of the people, safeguards the peace and
security of the citizens, ensures order, security a nd public morality, and carries out the
functions assigned to it by the laws and regulation s in the manner prescribed by law.
PART VI
GENERAL AND TRANSITIONAL PROVISIONS
Article 185
The city of Cairo shall be the capital of the Arab Republic of Egypt.
Article 186
The law shall establish the national flag and the p rovisions relating thereto, as well as the
State emblem and the provisions relating thereto.
Article 187
Legal provisions apply only from the date of their entry into force, and shall have no
retroactive effect.
However, provisions to the contrary may be adopted in other than criminal matters, with the
approval of the majority of the members of the Peop le’s Assembly.
Article 188
All laws shall be published in the Official Gazette within two weeks from the date of their
issuance.
They shall be put into effect a month after their p ublication unless another date has been fixed
for this purpose.
Article 189
The President of the Republic, as well as the Peopl e’s Assembly, may request the amendment
of one or more Articles of the Constitution. The Ar ticles to be revised and the reasons for the
amendment must be indicated in the request. In case the request emanates from the People’s
Assembly, it must be signed by at least one-third o f the Assembly members.
In all cases, the Assembly shall discuss the amendm ent in principle; the decision on the matter
shall be taken by the majority of its members. If t he request is rejected, the amendment of the
same Articles may not be requested again before the expiration of one year following the
rejection.
If the People’s Assembly approves the principle of revision, the Articles to be amended shall
be discussed two months after the revision has been approved. If the modification is approved
by two-thirds of the members of the Assembly, it mu st be referred to the people for a
referendum. If the amendment is approved by the peo ple, it shall become effective on the date
of the announcement of the result of the referendum .
Article 190
The term of the present President of the Republic s hall end after six years starting with the
day of the announcement of his election as Presiden t of the Arab Republic of Egypt.
Article 191
All laws and regulations which have entered into force prior to the proclamation of this
Constitution shall remain valid and in force.
However, they may be repealed or amended in accorda nce with the rules and procedures fixed
by this Constitution.
Article 192
Wherever the term “referendum” is used in this Cons titution with regard to the election of the
President, it shall be replaced by the word “electi ons”.
Article 193
This Constitution shall enter into force on the dat e on which its approval by the people in the
referendum is proclaimed.
PART VII
NEW PROVISIONS
CHAPTER I
The Shura Council
Article 194
[33]
The Shura Council shall carry out the studies and s ubmit the proposals it deems necessary to
preserve national unity and social peace and to pro tect the basic foundations of society, its
supreme values, its rights and liberties and its pu blic duties.
The Shura Council shall approve the following matte rs:
1. Proposals for amendment of one or more Articles of the Constitution, subject to the
condition that the provisions in Article 189 are ap plied to the discussion and the vote of the
amendments.
2. Draft laws designed to implement certain constit utional provisions as stipulated in Articles
5, 6, 48, 62, 76, 85, 87, 88, 89, 91, 160, 163, 167 , 168, 170, 171, 172, 173, 175, 176, 177, 178,
179, 183, 196, 197, 198, 206, 207, 208, 209, 210 an d 211 of the Constitution.
3. Peace and Alliance treaties and all treaties whi ch affect the territorial integrity of the State
or concern its sovereign rights.
If a dispute occurs between the People’s Assembly a nd the Shura Council concerning these
issues, the Speaker of the People’s Assembly shall submit the matter to a joint committee
composed of the Speakers of the two Assemblies and seven members of each Assembly to be
selected by their General Committee in order to sub mit a text on the provisions which form
the object of the dispute.
The final text adopted by this committee shall be reviewed by the two Assemblies. If either of
them does not approve the text, the matter shall be referred to a joint meeting of the two
Assemblies under the chairmanship of the Speaker of the People’s Assembly, in a place
designated by him and with the attendance of at lea st the majority of the members of the two
Assemblies.
If the committee does not agree on a unified text, the two Assemblies may, at their joint
meeting, approve any text adopted by either of them .
Without prejudice to the requirement of a special m ajority stipulated by the Constitution, the
decision taken by either of the two Assemblies or b y the joint meeting must be approved by
the majority of the members present.
In any case, the vote takes place without debate.
Article 195
[34]
The Shura Council shall be consulted on the followi ng matters:
1. Draft of the general plan for social and economi c development.
2. Draft laws referred to the Assembly by the Presi dent of the Republic.
3. Whatever matters are referred to the Assembly by the President of the Republic relating to
the general policy of the State or its policy regar ding Arab or foreign affairs.
The Assembly shall submit to the President of the R epublic and the People’s Assembly its
opinion on these matters.
Article 196
The Shura Council shall be composed of a number of members defined by law but not inferior
to 132 members.
Two-thirds of the members shall be elected by direc t and secret public ballot; at least half of
them must be workers and farmers.
The President of the Republic shall appoint the rem aining third.
Article 197
The law shall determine the electoral constituencie s of the Shura Council, the number of
members for each constituency and the requirements which the elected or appointed members
of the Shura Council must fulfill.
Article 198
The term of membership of the Shura Council is six years, with the renewal of half of its
elected and appointed members taking place every th ree years in accordance with the law.
It is permitted to re-elect or re-appoint a member whose term has expired.
Article 199
The Shura Council shall elect a President and two V ice-Presidents at its first meeting of the
ordinary annual session for a period of three years .
If one of these offices becomes vacant, the Assembl y shall elect a successor for the rest of the
term.
Article 200
No member can hold office in both the People’s Asse mbly and the Shura Council at the same
time.
Article 201
The Prime Minister and his deputies, the Ministers and government officials shall not be
accountable to the Shura Council.
Article 202
The President of the Republic has the right to make a statement upon the general policy of the
State or upon any other matter before a joint meeti ng of the People’s Assembly and the Shura
Council, headed by the Speaker of the People’s Asse mbly.
The President of the Republic has the right to make whatever statements he wishes before the
Shura Council.
Article 203
The Prime minister and the Ministers and other gove rnment officials may make statements
before the Shura Council or one of its committees u pon issues falling within their
competence.
The Prime Minister and his deputies and other gover nment officials shall be heard by the
Shura Council and its committees upon their request , and they may seek the assistance of
government officials as they see fit.
However, no Minister or other government official m ay participate in the vote unless he is a
member.
Article 204
The President of the Republic may dissolve the Shur a Council only in the case of necessity.
The decision must include a call for new elections to be held sixty days at the latest after the
dissolution order has been issued.
The new Council shall hold its first meeting within ten days of its election.
Article 205 [35]
The following Articles of the Constitution shall ap ply to the Shura Council:
62, 88 (paragraph 2), 89, 90, 91, 93, 94, 95, 96, 9 7, 98, 99, 100, 101, 102, 104, 105, 106, 107,
129, 130, 134, insofar as they are not incompatible with the provisions in this Chapter, when
the Council and its President exercise the their co mpetences defined in the Articles above.
CHAPTER II
The Press
Article 206
The Press is a popular, independent power which ful fills its mission in accordance with the
stipulations of the Constitution and the law.
Article 207
The Press shall exercise its mission freely and ind ependently in the service of society through
all means of expression in order to interpret the t rends of public opinion and contribute to
their formation and orientation within the framewor k of the basic foundations of society, the
protection of the liberties, rights and public duti es and the respect for the private life of
citizens in accordance with the Constitution and th e law.
Article 208
The freedom of the press is guaranteed and press ce nsorship is prohibited.
It is also prohibited to threaten, suspend or suppr ess a newspaper through administrative
measures, as stipulated in the Constitution and def ined by law.
Article 209
The freedom of public or private corporations or co mpanies and of political parties to publish
or own newspapers is protected in accordance with t he law.
The ownership, the funding and the possessions of n ewspapers are subject to the control of
the people, as defined by the Constitution and the law.
Article 210
Journalists have the right to gather news and infor mation in the conditions fixed by law.
Their activities are subject only to the law.
Article 211
The Supreme Council of the Press shall deal with ma tters concerning the press.
The law shall define its composition, competencies and its relationship with the State
authorities. The Supreme Press Council shall exerci se its competencies with a view to
consolidate the freedom of the press and its indepe ndence, to uphold the basic foundations of
society, and to guarantee the strength of national unity and social peace as defined by the
Constitution and the law.
NOTES
[1] As amended by constitutional reform of March 26, 2 007. Prior to the reform, the provision
had the following wording:
“The Arab Republic of Egypt is a democratic, social ist state based on the alliance of the
working forces of the people.
The Egyptian people are part of the Arab nation and work for the realization of its
comprehensive unity.”
[2] As amended by constitutional reform of March 26, 2 007. Prior to the reform, the provision
was worded as follows:
“The economic foundation of the Arab Republic of Eg ypt is a socialist democratic system
based on sufficiency and justice in a manner preven ting exploitation, conducive to liquidation
of income differences, protecting legitimate earnin gs, and guaranteeing the equity of the
distribution of public duties and responsibilities. ”
[3] Second paragraph added by constitutional reform of March 26, 2007.
[4] As amended by constitutional reform of March 26, 2 007. Prior to the reform, the first
paragraph had this wording:
“The 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, historical heritage of the peo ple, scientific facts, socialist conduct and
public morality within the limits of the law.”
[5] As amended by constitutional reform of March 26, 2 007. The previous version of Article
24 was worded as follows:
“The people shall control all the means of producti on and direct their surplus in accordance
with the development plan laid down by the State”.
[6] As amended by constitutional reform of March 26, 2 007. The previous text of Article 30
had the following wording:
“Public ownership is the ownership of the people an d it is confirmed by the continuous
consolidation of the public sector.
The public sector shall be the vanguard of progress in all spheres and shall assume the main
responsibility in the development plan.”
[7] As modified by constitutional reform of March 26, 2007. Prior to the reform, Article 33
had the following wording:
“Public ownership shall be inviolable, and its prot ection and consolidation is the duty of every
citizen in accordance with the law, as it is consid ered the mainstay of the strength of the
homeland, a basis for the socialist system and a so urce of prosperity of the people.”
[8] As amended by constitutional reform of March 26, 2 007. Prior to the reform, the provision
was worded as follows:
“The law shall fix the maximum limit of land owners hip with a view to protecting the farmer
and the agricultural laborer from exploitation and asserting the authority of the alliance of the
people’s work forces at the level of the village.”
[9] Second paragraph amended by constitutional reform of March 26, 2007. Prior to revision,
it stated:
“The law regulates the participation of professiona l organizations and trade unions in carrying
out the social programs and plans, raising the stan dard of efficiency, consolidating the
socialist behavior among their members, and safegua rding their funds.”
[10] As amended by constitutional reform of March 26, 2 007. Prior to the reform, Article 59
read as follows:
“Safeguarding, consolidating and preserving the soc ialist achievements shall be a national
duty.”
[11] As amended by constitutional reform of March 26, 2 007. The previous wording of
Article 62 was as follows:
“Citizens shall have the right to vote, nominate an d express their opinions in referendums in
accordance with the provisions of the law.
Their participation in public life is a national du ty.”
[12] As amended by constitutional reform of March 26, 2 007. The only change introduced
concerns the omission, as in other provisions, to t he “socialist achievements” which the
President was obliged to preserve under the old tex t.
[13] As amended by constitutional reform of March 26, 2 007. Prior to the reform, Article 74
had the following wording:
“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 emergency
measures to confront this danger, address a message to the people and conduct a referendum
on the measures taken within sixty days of their ad option.”
the reform, the Article read as follows:
“The People’s Assembly shall nominate the President of the Republic. The nomination shall
be referred to the people for a referendum.
The nomination to the post of President of the Repu blic shall be made in the People’s
Assembly upon the proposal of at least one-third of its members.
The candidate who wins two-thirds of the votes of t he Assembly members shall be referred to
the people for a referendum. If none of the candida tes obtains the said majority the
nomination process shall be repeated two days after the first vote. The candidate winning the
vote by an absolute majority shall be referred to t he citizens for a referendum.
The candidate shall be considered President of the Republic when he obtains an absolute
majority of the votes cast in the referendum.
If the candidate does not obtain this majority, the Assembly shall nominate another candidate
in the procedure described above.”
[15] Prior to the reform of March 26, 2007, the third a nd fourth paragraph of Article 76 had
the following wording:
“Procedures related to the nomination process shall be regulated by the law. Political parties
which have been established at least five years bef ore the announcement of the candidacy and
have been operating without interruption during thi s period, and whose members have
obtained at least 5% of the elected seats in both t he People’s Assembly and the Shura Council
may nominate for President a member of their leader ship council in accordance with their
own by-laws, provided the candidate has been a memb er of the council for at least twelve
consecutive months.
As an exception to the provisions of the aforementi oned paragraph, any political party may
nominate for the first presidential elections to be conducted following the enactment of this
Article a member of its leadership council establis hed before May 10, 2005 in accordance
with its by-law.”
[16] Second paragraph added by constitutional reform of March 26, 2007.
[17] As amended by constitutional reform of March 26, 2 007. Prior to the reform, the
provision had the following wording:
“If on account of any temporary obstacle the Presid ent of the Republic is unable to discharge
his functions, he shall delegate his powers to a vi ce-president.”
[18] First paragraph amended by constitutional reform o f March 26, 2007. Prior to reform, the
paragraph was worded as follows:
“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 Asse mbly or, if at that time the People’s
Assembly is dissolved, the President of the Supreme Constitutional Court shall take over the
Presidency, on the condition that neither shall sta nd as a candidate for the Presidency.”
[19] Paragraph 4 as amended by constitutional reform of March 26, 2007. Prior to the reform,
paragraph 4 read as follows:
“The Vice-President shall take over the Presidency temporarily until the decision concerning
the impeachment is taken.”
[20] As amended by constitutional reform of March 26, 2 007. Prior to the amendment, the
provision read as follows:
“The conditions to be fulfilled by the members of t he People’s Assembly shall be defined by
law.
The rules on the organization of the ballot shall b e determined by law, while the ballot shall
be conducted under the supervision of members of a judicial body.”
[21] As amended by constitutional reform of March 26, 2 007. Prior to the reform, the
provision was worded as follows:
“If the seat of a member becomes vacant before the end of his term, a successor shall be
elected or appointed to it, within sixty days from the date of the communication to the
Assembly of the occurrence of the vacancy. The new member shall serve for the remainder of
the term of his predecessor.”
[22] As amended by constitutional reform of March 26, 2 007. Prior to the reform, the
provision had the following wording:
“The draft general budget shall be submitted to the People’s Assembly at least two 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 and shall be promulgated by a law.
The People’s Assembly may not effect any modificati on in the draft budget except with the
approval of the government.
In case the approval of the new budget does not tak e place before the beginning of the fiscal
year, the old budget shall be in effect until ratif ication.
The manner of the preparation of the budget as well as the determination of the fiscal year
shall be regulated by law.”
[23] As amended by constitutional reform of March 26, 2 007. The reform reduced the delay
for the submission of the final account of the Stat e budget from one year to six months.
[24] As amended by constitutional reform of March 26, 2 007. Until the reform, the provision
had the following wording:
“The People’s Assembly shall determine the responsibility of the Prime Minister, on a
proposal by one- tenth of its members.
Such a decision shall be taken by the majority of t he 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 interpellation, the conclusions reached
on the matter and the considerations on which they are based.
The President of the Republic may return the report to the Assembly within ten days.
If the Assembly approves it once again, the Preside nt of the Republic may put the dispute to a
referendum. The referendum shall take place within thirty days from the date of the last vote
of approval of the Assembly; the Assembly session s hall be terminated.
If the result of the referendum is in support of th e Government, the Assembly is considered
dissolved; otherwise the President of the Republic shall accept the resignation of the Council
of Ministers.”
[25] As amended by constitutional reform of March 26, 2 007. Prior to the reform, Article 133
had the following wording:
“After the formation of the Cabinet and at the inau gural meeting of the ordinary session of the
People’s Assembly, the Prime Minister shall submit the program of the Government.
The People’s Assembly is entitled to discuss the pr ogram.”
[26] As amended by constitutional reform of March 26, 2 007. Prior to the reform, the
provision had the following wording:
“The President of the Republic shall not dissolve t he People’s Assembly unless it is necessary
and after a referendum of the people.
The President of the Republic shall issue a decisio n terminating the session of the Assembly
and calling a referendum within thirty days.
If an absolute majority of those participating in t he vote approve the dissolution of the
Assembly, the President of the Republic shall issue the dissolution order.
The decision dissolving the Assembly shall convoke new elections for the People’s Assembly
within a period not exceeding sixty days from the d ate of the declaration of the referendum
results.
The new Assembly shall convene during a period of t en days following the completion of
elections.”
[27] Paragraph 2 added by constitutional reform of Marc h 26, 2007.
was worded as follows:
“The President of the Republic shall appoint the Pr ime Minister, his deputies, the Ministers
and their deputies and relieve them of their functi ons.”
[29] Second paragraph added by constitutional reform of March 26, 2007.
[30] As amended by constitutional reform of March 26, 2 007. Prior to the reform, the
provision had the following wording:
“A Supreme Council, presided over by the President of the Republic, shall supervise the
judicial bodies. The law shall prescribe its format ion, its competences and its rules of
procedure. It shall be consulted on draft laws regu lating the activities of the judicial bodies.”
[31] As amended by constitutional reform of March 26, 2 007. Prior to the reform, the
provision was worded as follows:
“The Socialist Public Prosecutor shall be responsib le to take the measures securing the
people’s rights, the safety of the society and its political system, the preservation of the
socialist achievements, and the commitment to socia list behavior.
The law shall define his other competences.
He shall be subject to the control by the People’s Assembly in accordance with the law.”
[32] As amended by constitutional reform of March 26, 2 007. As a result of the reform, the
reference to the „protection of the socialist achie vements” as one of the main tasks of the
Armed Forces has been dropped.
[33] As amended by constitutional reform of March 26, 2 007. Prior to the reform, the
provision had the following wording:
“The Shura Council shall carry out the studies and submit the proposals it deems necessary to
preserve the principles of the July 23, 1952 Revolu tion and the May 15, 1971 Revolution, to
consolidate national unity and social peace, to pro tect the alliance of the working forces of the
people and the socialist achievements as well as th e basic foundations of society, its supreme
values, its rights and liberties and its public dut ies, and to entrench the democratic socialist
system and widen its scope.”
[34] As amended by constitutional reform of March 26, 2 007. Prior to the reform, Article 195
was worded as follows:
“The Shura Council shall be consulted on the follow ing matters:
1. Proposals for the amendment for one or more arti cles of the Constitution.
2. Draft laws complementary to the Constitution.
3. Draft of the general plan for social and economi c development.
4. Peace treaties, alliances and all treaties affecting the territorial integrity of the State or those
concerning sovereignty rights.
5. Draft laws referred to the Assembly by the Presi dent of the Republic.
6. Whatever matters referred to the Assembly by the President of the Republic relative to the
general policy of the State or its policy regarding Arab or foreign affairs.
The Assembly shall submit to the President of the R epublic and the People’s Assembly its
opinion such matters.”
[35] As amended by constitutional reform of March 26, 2 007. Prior to the reform, the
provision had the following wording:
“The following Articles of the Constitution shall a pply to the Shura Council:
89, 90, 91, 93, 94, 95, 96, 97, 98, 99, 100, 101, 1 02, 104, 105, 106, 107, 129, 130, 134, insofar
as they are not incompatible with the provisions in this Chapter, when the Council and its
President exercise the their competences defined in the Articles above.”
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