Part III. Public Authorities
Chapter 1. Legislative authority
Section 1. Common provisions
Article 82. Legislative power
Legislative power belongs to the Council of Representatives and to the Shura Council.
Each exercises its respective authorities as set out in the Constitution.
Article 83. Prohibition on double membership
It is prohibited to be a member of both the Council of Representatives and the Shura Council. The law specifies other cases of incompatibility.
Article 84. Incompatibility with other work
Save in exceptional situation set out by law, members of either the Council of Representatives or the Shura Council are to be fully devoted to their offices. A member’s position or work will be kept open until his return, in accordance with the provisions of the law.
Article 85. Representative of the entire population
A member is the representative of the population as a whole, without restriction or limitation.
Article 86. Oath
Prior to the start of his tenure, a member takes the following oath before the chamber to which he belongs: “I swear by Almighty God to loyally uphold the republican system, to respect the Constitution and the law, to fully look after the interests of the people, and to safeguard the independence and territorial integrity of the motherland.”
Article 87. Challenges to the validity of membership
The Court of Cassation has final jurisdiction over the validity of membership in both chambers. Challenges are submitted to the Court within a period not exceeding 30 days from date on which the final election results are announced. A verdict must be passed within 60 days from the date on which the challenge is filed.
Where a membership is deemed invalid, it becomes void from the date on which the verdict is reported to the chamber.
Article 88. Property and financial regulation
It is prohibited for any member of either chamber, throughout his tenure, whether in person or through an intermediary, to purchase or rent any piece of state property. It is also prohibited to lease or sell or barter with the state any part of their own property, or conclude a contract with the state as vendor, supplier or contractor.
Members provide financial disclosures and present them to their chamber at the start and at the end of their tenure as well as at the end of each year.
If a member receives cash or in-kind gifts by virtue of his membership in a chamber, ownership of such gifts is transferred to the Public Treasury.
All the foregoing is organized by law.
Article 89. Member opinions
A member cannot be held accountable for any opinions relating to his work in the chamber of which he is a member.
Article 90. Member immunity
It is prohibited, except in cases of flagrante delicto, to take criminal action against a member without prior permission from their chamber. If not in session, permission must be granted by the chamber’s secretariat, and the chamber must be notified of the decision as soon as the chamber is in session.
In all cases, if a request for permission to take legal action against a member does not receive a response within 30 days, the permission is to be considered granted.
Article 91. Remuneration
Members are remunerated in accordance with the law.
Article 92. Seat of parliament
The seats of both the Council of Representatives and the Shura Council are in Cairo.
However, in exceptional circumstances, any of the two chambers may hold meetings elsewhere, at the request of the President of the Republic or one-third of the chamber’s members.
Any meetings of the chamber that do not conform with the foregoing are invalid, including any decisions that may have been passed.
Article 93. Public and in camera sessions
The sessions of the Council of Representatives and the Shura Council are held in public.
Either chamber may hold a closed session based on a request by the President of the Republic, the Prime Minister, or at least 20 of its members. The chamber will decide whether the debate on the question takes place in a public or closed session.
Article 94. Inauguration and adjournment of sessions
The President of the Republic convokes the Council of Representatives and the Shura Council for their ordinary annual sessions before the first Thursday of October. If such convocation is not made, the chambers are required by the Constitution to meet on said day.
The ordinary session continues for at least eight months. The President of the Republic brings each session to a close with each chamber’s approval, and in the case of the Council of Representatives, only after the state’s general budget has been adopted.
Article 95. Extraordinary sessions
It is possible for either chamber to be called to an extraordinary meeting based on a request by the President of the Republic, the Prime Minister, or upon a request signed by at least 10 members from the relevant chamber.
Article 96. Quorum and required majority
The meetings of the Council of Representatives or Shura Council, and the resolutions they pass, are not considered valid unless attended by the majority of their members.
In cases other than those requiring a special majority, resolutions are adopted based on an absolute majority of the members present. In case of a tie vote, the matter in deliberation is considered rejected.
Article 97. Selection of speakers and deputy speakers
Each chamber elects, in the first meeting of its regular annual session, a speaker and two deputy speakers for the full legislative term in the case of the Council of Representatives, and for half of the legislative term in the case of the Shura Council. If either seat becomes vacant, the Shura Council or Council of Representatives elects a replacement, whose term will last until the end of his predecessor’s.
In all cases, one-third of the members of either chamber can request a new election of the Speaker or Deputy Speakers in the first meeting of the regular annual session.
Article 98. Replacement for the speaker
Where the speaker of the Council of Representatives or the speaker of the Shura Council temporarily occupy the position of president of the republic, the relevant chamber will be chaired by the older of the two deputy speakers.
Article 99. Rules of Procedure
Each chamber establishes its own rules of procedure regulating its work and the manner of practicing its functions. The rules of procedure are to be published in the Official Gazette.
Article 100. Internal order
Each chamber maintains its internal order, a responsibility assumed by each chamber’s speaker.
No armed forces may be present within or in vicinity of either chamber except at the request of the chamber’s speaker.
Article 101. Legislative initiative
The President of the Republic, the government, and every member of the Council of Representatives has the right to propose laws.
Every bill is referred to a specialized committee of the Council of Representatives, which studies it and submits a report to the Council.
Bills presented by members of the Council of Representatives cannot be referred to that committee before being first endorsed by the Proposals Committee and approved for consideration by the Council of Representatives. The reasons for which the bill is rejected must be presented if the Proposals Committee does not endorse a proposal for consideration.
A draft law proposed by a member but rejected by the Council of Representatives may not be presented again during the same legislative term.
Article 102. Consideration of draft laws
Neither chamber may pass a bill without seeking consultation in relation to the bill.
Each chamber has the right to amend and break down existing clauses or suggest amendments.
Each bill passed by either of the chambers will be studied by the other, which in turn cannot delay it for more than 60 days, excluding the legislative recess. It cannot be considered a law unless passed by both chambers.
Article 103. Legislative dispute between two chambers
In case of a legislative dispute between the two chambers, a joint committee of 20 members is formed, 10 selected by each chamber from among its members and based on the nominations of its General Committee. The joint committee then proposes the wording of the disputed clauses.
The proposals are then presented to each chamber; if an agreement is not reached, the case is taken to the Council of Representatives to reach a decision based on a two-thirds majority vote.
Article 104. Approval of legislation
The Council of Representatives notifies the President of the Republic of any law passed for the President to issue the new law within 15 days from the date of receiving it. In case the President objects to the draft law, it must be referred back to the Council of Representatives within 30 days.
If the draft law is not referred back within this period, or if it is approved again by a majority of two- thirds of the members, it is considered a law and is issued.
If it is not approved by the Council of Representatives, it may not be presented in the same session before four months have passed from the date of the decision.
Article 105. Discussion of a public issue
Any member of either chamber may propose to the Prime Minister, one of his deputies or a minister the discussion of a public issue.
Article 106. Clarification of the government’s policy
Any 20 members of the Council of Representatives, or 10 of the Shura Council, at least, may request the discussion of a public issue to obtain clarification on the government’s policy in its regard.
Article 107. Right to obtain data or information
Any member of the Council of Representatives or the Shura Council has the right to obtain data or information pertaining to their own performance at the relevant chamber, taking into account the provisions of Article 47 of the Constitution.
Article 108. Submission of written proposals and complaints by citizens
Citizens may submit written proposals to either chamber regarding public issues.
Citizens may also submit complaints to either chamber to be referred to the relevant ministers. Based on the chamber’s request, the minister may provide a clarification, and the citizen who issued the complaint is kept informed.
Article 109. Government attendance of sessions
The Prime Minister, his deputies, ministers and their deputies may attend the sessions of either chamber or of any of their committees. Their attendance is obligatory if requested by either chamber. They may be assisted by high-ranking officials of their choice.
They are to be heard whenever they request to speak. They answer questions pertaining to issues that are in discussion, but cannot vote when votes are taken.
Article 110. Resignation of members
Each chamber accepts the resignation of its members, which must be submitted in writing, and to be accepted must not be submitted after a chamber has started measure of revoking membership against the resigning member.
Article 111. Revocation of membership
Membership of either chamber may only be revoked if a member has lost trust, status or any of the conditions for membership on the basis of which he was elected, or if the duties of membership have been violated.
Decision on revoking membership is issued by a majority of two-thirds of the chamber in question.
Article 112. Vacancy
If a member’s seat becomes vacant at least six months before the end of his term, the vacant position must be filled in accordance with the law within 60 days from the date on which the vacancy is first reported.
The new member’s term is complementary to that of his predecessor.
Section 2. Council of Representatives
Article 113. Composition
The Council of Representatives has at least 350 members, elected by direct, secret public balloting.
A candidate for parliamentary elections must be an Egyptian citizen, enjoying civil and political rights, holder of a certificate of basic education, and 25 years old or older at the time of candidacy.
Other requirements of candidacy, the provisions for election, the fairly representative division of constituencies, are defined by law.
Article 114. Term
The term of membership is five calendar years, commencing from the date of its first session.
Elections for a new Council of Representatives are held during the 60 days preceding the end of term for the previous Council of Representatives.
Article 115. Mandate
The Council of Representatives holds legislative power, and is responsible for approving the state’s general policy, the public plan for economic and social development and the annual state budget law. It exercises control over the executive branch’s work, in the manner prescribed by the Constitution.
The procedures for drafting the public plan for economic and social development, and presenting it to the Council of Representatives, are determined by law.
Article 116. Annual state budget law
The annual state budget includes all revenue and expenditure without exception. The draft annual state is submitted to the Council of Representatives at least 90 days before the beginning of the fiscal year. It is not considered in effect unless approved thereby, and it is put to vote on a chapter-by-chapter basis.
The Council of Representatives may modify the expenditures in the draft budget law, except those proposed to honor a specific liability. Should the modification result in an increase in total expenditure, the Council of Representatives agrees with the government on means to secure revenue resources to achieve a balance between revenues and expenditures. The budget is issued in a law, which may include modification in any existing law to the extent necessary to realize such balance.
If the new budget is not approved before the beginning of the new fiscal year, the earlier budget remains in effect until the new budget is approved.
The specifics of the fiscal year, the method of budget preparation, the provisions of the budgets of institutions, public bodies, and their accounts, are defined by law.
Article 117. Transfer of funds in the budget law
The Council of Representatives’ approval is necessary for the transfer of any funds from one chapter of the budget to another, as well as for any expenditure not included therein or in excess of its estimates. The approval is issued in a law.
Article 118. Collection and disbursement of public funds
The basic rules for collection of public funds and the procedure for their disbursement is regulated by law.
Article 119. Salaries, pensions, indemnities, subsides and bonuses
The rules governing salaries, pensions, indemnities, subsides and bonuses taken from the state treasury are regulated by law; so are the cases for exception from such rules, and the authorities in charge of their application.
Article 120. Council of Representatives’ approval for contracting loans
The executive branch of government cannot contract a loan, obtain a fund, or commit itself to a project entailing expenditure from the state treasury for a subsequent period, except with the Council of Representatives’ approval.
Article 121. Final account
The final account of the annual state budget is submitted to the Council of Representatives within a period not exceeding 6 months from the end of the fiscal year. The annual report of the Central Auditing Organization and the latter’s observations on the final account must be attached.
The final account of the annual state budget is put to vote on a chapter-by-chapter basis and is issued by law.
The Council of Representatives has the right to request from the Central Auditing Organization any additional data or pertinent reports.
Article 122. Special investigative committees
The Council of Representatives may form a special committee or entrust one of its existing committees to examine the activities of any administrative department or institution or public enterprise, for the purpose of fact-finding regarding a specific issue and informing the Council of Representatives of the actual financial, administrative or economic status, or for conducting investigations into a past activity; the Council of Representatives decides on the appropriate course of action.
In order to carry out its mission, such a committee would be entitled to collect the evidence it deems necessary and to summon individuals for interviews. All executive and administrative bodies respond to demands by the committee and put under its disposal all the documents and evidence required.
Article 123. Request for information
Every member of the Council of Representatives may submit questions to the Prime Minister, to one of his deputies, or to a minister in relation to any matter that falls under their mandate. It is obligatory to respond.
The member may withdraw his question at any time. A question cannot become an interrogation in the same session.
Article 124. Briefings and statements
Every member of the Council of Representatives may request an urgent briefing or a statement from the Prime Minister, the Prime Minister’s deputies, or to ministers in relation to urgent matters of public importance.
The government is obliged to respond.
Article 125. Interrogation
Every member of the Council of Representatives may address interrogations to the Prime Minister, to the Prime Minister’s deputies, or to ministers in relation to urgent matters of public importance.
Debate on an interrogation takes place at least seven days after its submission, except in cases of urgency as decided by the Council of Representatives and with the government’s consent.
Article 126. Withdrawal of confidence
The Council of Representatives may decide to withdraw its confidence from the Prime Minister, a deputy of the Prime Minister, or any one of the ministers.
A motion of no confidence may be submitted only after an interrogation, upon proposal by one-tenth of the Council of Representatives’ members. The Council of Representatives should reach a decision within seven days from the date of debating the motion. A withdrawal of confidence requires a majority of the Council of Representatives’ members to be successful.
In all cases, a no confidence motion may not be passed in connection with an issue that had already been decided upon in the same juridical term.
If the Council of Representatives decides to withdraw confidence from the Prime Minister or a minister, and the government announced its solidarity with him before the vote, then that government is obliged to offer its resignation. If the no confidence resolution concerns a certain member of the government, that member is obliged to resign their office.
Article 127. Dissolution of the Council of Representatives
The President of the Republic may not dissolve the Council of Representatives except by a causative decision and following a public referendum.
A Council of Representatives may not be dissolved during its first annual session, nor for the same cause for which the immediately previous Council of Representatives was dissolved.
To dissolve the Council of Representatives, the President must issue a decision to suspend parliamentary sessions and hold a referendum within 20 days. If voters agree by a valid majority on the dissolution, it is to be carried out. The President calls for early parliamentary elections to take place within 30 days from the date of the dissolution. The new Council of Representatives convenes within the 10 days following the completion of elections.
If no such majority agrees to the dissolution, the President of the Republic resigns.
If, however, the referendum or elections do not take place within the specified time limit, the existing Parliament reconvenes of its own accord on the day following the expiry of the time limit.
Section 3. Shura Council
Article 128. Composition
The Shura Council has at least 150 members, elected by direct secret ballot. The President of the Republic may appoint a number of members not exceeding one-tenth of the number of elected members.
Article 129. Conditions for candidacy
A candidate for the Shura Council must be an Egyptian citizen enjoying civil and political rights, a holder of a certificate of higher education, and, at the time of candidacy, at least 35 years old.
Other requirements of candidacy, the provisions for election, the division of constituencies, are defined by law.
Article 130. Term
The term of membership of the Shura Council is six years, whereas renewed election and appointment of 50 percent of the total number of members, whether elected or appointed, is every three years, as defined by law.
Article 131. Effect of dissolution of Council of Representatives
In the case of the dissolution of Council of Representatives, the Shura Council carries out its joint legislative responsibilities. Any bills passed by the Shura Council during the period of Council of Representatives’ dissolution are presented to the new Council of Representatives for consideration as soon as it is convened.
In the absence of both chambers, and where there is a requirement for urgent measures that cannot be delayed, the President of the Republic may issue decrees that have the force of law, which are then presented to the Council of Representatives and the Shura Council, as the case may be, within 15 days from the start of their sessions.
If such decrees are not presented to the chambers, or if they are presented but not approved, their legality is revoked retroactively, unless the Council affirms their validity for the previous period, or chooses to settle the consequent effects in some other manner.
Chapter 2. Executive Authority
Section 1. The President
Article 132. Mandate
The President is the head of state and chief of the executive branch of government. He defends the interests of the people, safeguards the independence and territorial integrity of the motherland, and protects the separation of powers.
He carries out his responsibilities in the manner prescribed in the Constitution.
Article 133. Term
The President of the Republic is elected for a period of four calendar years, commencing on the day the term of his predecessor ends. The President may only be re-elected once.
The process of the presidential election begins at least 90 days before the end of the presidential term. The result is to be announced at least 10 days before the end of term.
The President of the Republic may not hold any partisan position for the duration of the presidency.
Article 134. Eligibility
A presidential candidate must be Egyptian born to Egyptian parents, must have carried no other citizenship, must have civil and political rights, cannot be married to a non-Egyptian, and at the time of nomination cannot be younger than 40 Gregorian years.
Article 135. Conditions for nomination
A prerequisite for nomination to the presidency is a recommendation by at least 20 elected members of the Council of Representatives and of the Shura Council, or endorsements from at least 20,000 citizens who have the right to vote, in at least 10 governorates, with a minimum of 1,000 endorsements from each governorate.
No one can endorse more than one candidate. This is organised by law.
Article 136. Method of election
The President of the Republic is elected by direct secret ballot, with an absolute majority of valid votes. The procedures for electing the President of the Republic are regulated by law.
Article 137. Oath
Before assuming the presidential position, the President of the Republic takes the following oath before the Council of Representatives and the Shura Council: “I swear by Almighty God to loyally uphold the republican system, to respect the Constitution and the law, to fully look after the interests of the people and to safeguard the independence and territorial integrity of the motherland.”
In case the Council of Representatives is dissolved, the oath is to be taken before the Shura Council.
Article 138. Finances
The finances of the President of the Republic are stipulated by law. The President cannot receive any other salary or remuneration, nor engage throughout the presidential term, whether in person or through an intermediary, in an independent profession or business, nor is the President allowed to buy or rent state property, nor lease or sell to or barter with the state any part of their own property, nor conclude a contract with the state as vendor, supplier or contractor.
The President must submit to the Council of Representatives a financial disclosure upon taking office, upon leaving it, and at the end of each year.
If, in relation to the presidential post, the President receives, in person or through an intermediary, cash or in-kind gifts, such gifts are transferred to the state treasury.
The foregoing is organised by law.
Article 139. Government formation
The President of the Republic nominates the Prime Minister, who is assigned by the President the task of forming a government and presenting its programme to the Council of Representatives within 30 days. If the government is not granted confidence, the President appoints another prime minister from the party that holds a plurality seats in the Council of Representatives. If the second nominee does not obtain confidence within a similar period, the Council of Representatives appoints a Prime Minister who is assigned by the President the task of forming a government, provided said government obtains parliamentary confidence within a similar period. Otherwise, the President of the Republic dissolves the Council of Representatives and call the elections of a new Council of Representatives within 60 days from the date the dissolution is announced.
In all cases, the sum of the periods set forth in this Article should not exceed 90 days.
In the case the Council of Representatives is dissolved, the Prime Minister presents the government and its programme to the new Council of Representatives at its first session.
Article 140. Establishing the state’s public policy
The President of the Republic, in cooperation with the government, lays out the state’s public policy and oversees its implementation, in the manner prescribed in the Constitution.
Article 141. Agency through the government
The President of the Republic exercises presidential authority via the Prime Minister, his deputies and ministers, except those authorities related to defense, national security and foreign policy, and the authorities set out in Articles 139, 145, 146, 147, 148 and 149 of the Constitution.
Article 142. Delegation of authority
The President of the Republic may delegate part of his mandate to the Prime Minister, to his deputies, to ministers or governors. This will be organised by law.
Article 143. Power to call government meetings
The President of the Republic may call for government meetings to discuss important matters, presides over such meetings, and requests reports about public affairs from the Prime Minister.
Article 144. Statement on the state’s general policy
The President of the Republic delivers a statement on the state’s general policy in a joint session of the Council of Representatives and the Shura Council at the opening of their regular annual sessions.
The President may, when appropriate, make other statements or convey specific messages to either Council.
Article 145. Foreign relations
The President of the Republic represents the state in foreign relations and concludes treaties and ratifies them after the approval of the Council of Representatives and the Shura Council. Such treaties have the force of law after ratification and publication, according to established procedures.
Approval must be acquired from both chambers with a two-thirds majority of their members for any treaty of peace, alliance, trade and navigation, and all treaties related to the rights of sovereignty or that make the state treasury liable for any expenditures not included in its annual state budget.
No treaty contrary to the provisions of the Constitution can be approved.
Article 146. Supreme Commander of the Armed Forces
The President of the Republic is the Supreme Commander of the Armed Forces. The President cannot declare war, or send the armed forces outside state territory, except after consultation with the National Defense Council and the approval of the Council of Representatives with a majority of its members.
Article 147. Appointment of civil and military personnel
The President of the Republic appoints civil and military personnel and dismisses them, appoints diplomatic representatives and removes them, and confirms political representatives of foreign countries and organizations. This is organised by law.
Article 148. State of emergency
The President of the Republic declares, after consultation with the government, a state of emergency in the manner regulated by law. Such proclamation must be submitted to Council of Representatives within the following seven days.
If the declaration takes place when the Council of Representatives is not in session, a session is called immediately in order to consider the declaration. In case the Council of Representatives is dissolved, the matter is submitted to the Shura Council, all within the period specified in the preceding paragraph. The declaration of a state of emergency must be approved by a majority of members of each chamber. The declaration is for a specified period not exceeding six months, which can only be extended by another similar period upon the people’s approval in a public referendum.
The Council of Representatives cannot be dissolved while a state of emergency is in place.
Article 149. Pardon and amnesty
The President of the Republic may issue a pardon or mitigate a sentence.
General amnesty may only be granted in a law.
Article 150. Referenda
The President of the Republic may call for a referendum on important issues relating to the supreme interests of the state.
If the call for a referendum relates to more than one issue, the people must vote on each individual issue.
The results of a referendum are binding to all state authorities and the general public in all cases.
Article 151. Resignation
For the President of the Republic to resign, a letter of resignation must be presented to the Council of Representatives.
Article 152. Treason
A charge of felony or treason against the President of the Republic is to be based on a motion signed by at least one-third of the members of the Council of Representatives. An impeachment is to be issued only by a two-thirds majority of the members of the Council of Representatives.
As soon as an impeachment decision has been issued, the President of the Republic ceases all work; this is treated as a temporary obstacle preventing the President from carrying out presidential duties until a verdict is reached.
The President of the Republic is tried before a special court headed by the president of the Supreme Judicial Council, the longest-serving deputies of the president of the Supreme Constitutional Court and of the State Council, and the two longest-serving presidents of the Court of Appeals; the prosecution to be carried out before such court by the Prosecutor General. If any of the foregoing individuals are prevented from leaving their positions, they are replaced by order of seniority.
The law organizes the investigation and the trial procedures. In the case of conviction, the President of the Republic is relieved of his post, without prejudice to other penalties.
Article 153. Incapacity
If on account of a temporary obstacle, the President of the Republic is rendered unable to carry out the presidential functions, the Prime Minister acts in his place.
If the Presidential office becomes vacant, due to resignation, death, permanent inability to work or any other reason, the Council of Representatives announces the vacancy and notifies the Presidential Elections Commission. The Speaker of the Council of Representatives temporarily assumes the presidential authorities.
In the event the foregoing takes place, the Shura Council and its Speaker replaces the Council of Representatives and its Speaker in cases the Council of Representatives is dissolved.
In all cases, a new president must be elected during a period not exceeding 90 days from the date the office became vacant.
The person acting in place of the President is not allowed to run for office, request any amendment to the Constitution, dissolve the Parliament or dismiss the government.
Article 154. Vacancy
If the vacancy of the presidential office occurs at the same time that a referendum or the election of either the Council of Representatives or the Shura Council is being held, the presidential elections are given priority. The existing parliament continues in place until the completion of the presidential elections.
Section 2. The Government
Article 155. Composition
The government consists of the Prime Minister, the Prime Minister’s deputies and the ministers.
The Prime Minister heads the government, oversees its work, and directs it in the performance of its functions.
Article 156. Conditions of membership
A person appointed to the position of Prime Minister or any other position in the government must be an Egyptian citizen, enjoying civil and political rights, over the age of 30, and not having carried the citizenship of any other country unless renounced within a year of reaching the age of eighteen.
It is prohibited to hold a position in the government in addition to membership in either the Council of Representatives or the Shura Council. If a member of either chamber is appointed to the government, his place in parliament is vacated and the provisions of Article 113 of the Constitution are applied.
Article 157. Oath
Before assuming their duties, the Prime Minister and members of government take the following oath before the President of the Republic: “I swear by Almighty God to loyally uphold the republican system, to respect the Constitution and the law, to fully look after the interests of the people and to safeguard the independence and territorial integrity of the motherland.”
Article 158. Finances
The finances of the Prime Minister and members of government are stipulated by law. They cannot receive any other salary or remuneration, nor engage throughout the term of their posts, whether in person or through an intermediary, in independent professions or business. Nor are they allowed to buy or rent state property, nor lease or sell to or barter with the state any part of their own property, nor conclude a contract with the state as vendors, suppliers or contractors.
A member of government must submit a financial disclosure to the Council of Representatives upon taking office, upon leaving it and at the end of each year.
If, in relation to their posts, they should receive cash or in-kind gifts, such gifts are transferred to the state treasury. The foregoing is organised by law.
Article 159. Mandate
The government exercises the following functions in particular:
- Supervise the implementation of laws, maintain state security and protect the rights of the citizens and the interests of the state.
- Collaborate with the President of the Republic in laying down the public policy of the state and overseeing its implementation.
- Direct, coordinate and follow up on the work of the ministries and their affiliated public bodies and organizations.
- Prepare draft laws and decrees.
- Issue administrative decisions in accordance with the law, and monitor their implementation.
- Prepare the draft annual state budget law.
- Prepare the draft development plan of the state.
- Contract and grant loans in accordance with the provisions of the Constitution.
Article 160. General policy of individual ministries
The Minister draws up his ministry’s general policy, supervises its implementation and offers guidance and control, in the framework of the state’s public policy.
Article 161. Statements before the Council of Representatives and the Shura Council
A government member may make a statement before the Council of Representatives, the Shura Council, or one of their committees, concerning any matters within their mandate.
The chamber or the committee may discuss such a statement and convey its position regarding it.
Article 162. Issuance of regulations
The Prime Minister issues necessary regulations for the enforcement of laws, in such a manner that does not involve any disruption, modification, or exemption from their enforcement, and has the right to vest others with the authority to issue them, unless the law designates who should issue the necessary regulations for its own implementation.
Article 163. Issuance of regulations on public services
The Prime Minister issues the regulations necessary for the creation and organization of public services and facilities upon the government’s approval. The Council of Representatives’ approval is required, if such regulations result in new expenditures in the annual state budget.
Article 164. Disciplinary regulations
The Prime Minister issues disciplinary regulations upon the government’s approval.
Article 165. Appointment and dismissal of civil servants
The authority in charge of the appointment and dismissal of civil servants, the functions of the main positions, and the responsibilities, rights and securities of employees, is regulated by law.
Article 166. Accusations against the government
The President of the Republic, the Prosecutor General, and the Council of Representatives, with a motion signed by one-third of its members, have the right to accuse the Prime Minister or any of the members of the government concerning crimes committed during their term of office or in relation to their work.
In all cases, charges can only be brought with the approval of two-thirds of the members of the Council of Representatives. An accused member of government is relieved of their post until a verdict is reached. The end of their term of service does not preclude the start or resumption of prosecution.
Article 167. Resignation
If the government or one of its members offers its resignation, the letter of resignation must be presented to the President of the Republic.
Chapter 3. The Judiciary
Section 1. General Provisions
Article 168. Judicial independence
The judiciary is independent. It is vested in the courts of justice, which issue their judgments in accordance with the law. Its powers are defined by law. Interference in judicial affairs or in proceedings is a crime to which not statute of limitations may be applied.
Article 169. Independence in the administration of judicial affairs
All judicial bodies administer their own affairs. Each has an independent budget and is consulted on the draft laws governing its affairs. This is organised by law.
Article 170. The independence of judges
Judges are independent, cannot be dismissed, are subject to no other authority but the law, and are equal in rights and duties.
The conditions and procedures for their appointment and disciplinary actions against them are defined and regulated by the law. When delegated, their delegation is absolute, to the destinations and in the positions defined by the law, all in a manner that preserves the independence of the judiciary and the accomplishment of its duties.
Article 171. Public sessions
Court sessions are public, unless, for reasons of public order or morals, the court deems them confidential. In all cases, the verdict is given in an open session.
Section 2. The courts and public prosecution
Article 172. Mandate of the courts
Courts adjudicate all disputes and crimes except for matters that are to be decided by another judicial body. The judiciary settles any disputes relating to the affairs of its members.
Article 173. Public prosecution
The public prosecution is an integral part of the judiciary. It is responsible for investigating, pressing charges and following up in all criminal cases except what is exempted by law. The law establishes the public prosecution’s other competencies.
Public prosecution is carried out by a Prosecutor General who is appointed by the President of the Republic, based on the selection of the Supreme Judicial Council from among the Deputies to the President of the Court of Cassation, the Presidents of the Court of Appeals and Assistant Prosecutor Generals, for a period of four years, or for the period remaining until retirement age, whichever comes first, and only once during a judge’s career.
Section 3. The State Council
Article 174. Mandate
The State Council is an independent judicial body that exclusively undertakes adjudicating in administrative disputes and disputes pertaining to the implementation of its decisions. It also undertakes disciplinary proceedings and appeals, adjudicates in legal issues to be determined by law, reviews and drafts bills and resolutions of legislative character referred to it, and reviews contracts to which the state is a party.
Other competencies to be determined by law.
Section 4. The Supreme Constitutional Court
Article 175. Mandate and procedures
The Supreme Constitutional Court is an independent judicial body. It is based in Cairo. It is exclusively competent to decide on the constitutionality of laws and regulations.
The law defines the Court’s other competencies and regulates the procedures that are to be followed before the Court.
Article 176. Composition
The Supreme Constitutional Court is made up of a president and ten members. The law determines the judicial or other bodies and associations that nominate them, the manner in which they are to be appointed, and the requirements to be satisfied by them. Appointments take place by a decree from the President of the Republic.
Article 177. Constitutionality of electoral laws
The President of the Republic or the Speaker of the Council of Representatives present draft laws governing presidential, legislative or local elections before the Supreme Constitutional Court, to determine their compliance with the Constitution prior to dissemination. The Court reaches a decision in this regard within 45 days from the date the matter is presented before it; otherwise, the proposed law is considered approved.
If the Court deems one or more parts of the text non-compliant with the provisions of the Constitution, its decision is implemented.
The laws referred to in the first paragraph are not subject to the subsequent control stipulated in Article 175 of the Constitution.
Article 178. Publication of decisions in the Official Gazette
The Official Gazette publishes verdicts issued by the Supreme Constitutional Court and decisions pertaining to pre-emptive control of draft laws governing presidential, legislative or local elections.
The effects of a decision on the unconstitutionality of a legislative text are organised by law.
Section 5. Judicial Bodies
Article 179. The Association of State Affairs
The Association of State Affairs is an independent judicial body. It undertakes the legal representation of the state in disputes, and technical supervision of legal affairs departments within State Administration.
It is responsible for the drafting of contracts and the settling of disputes to which the state is a party, in the manner regulated by law.
Its other competencies are defined by law.
Its members share immunities, securities, rights and duties assigned to other members of the judiciary.
Article 180. Administrative Prosecutor
The Administrative Prosecutor is an independent judicial body. It investigates financial and administrative irregularities, raises disciplinary proceedings before the courts of the State Council and follows up on them, and takes legal action to address deficiencies in public facilities. Other competencies are defined by law.
Its members share immunities, securities, rights and duties assigned to other members of the judiciary.
Section 6. The legal profession
Article 181. Independence
The legal profession is a liberal profession and a cornerstone of justice. It is practiced by lawyers independently and is safeguarded by guarantees that protect them and enable them to carry out their work, in the manner regulated by law.
Section 7. The experts
Article 182. Autonomy
Officers at the Real Estate Publicity Department, forensic experts and judicial experts enjoy technical autonomy in their work. The law safeguards the necessary guarantees and protection for them to carry out their work.
Chapter 4. The system for local administration
Section 1. Local and administrative division of the state
Article 183. Local administrative units
The state is divided into local administrative units that have legal personality. They incorporate governorates, provinces, cities, districts and villages. One administrative unit may comprise more than one village or district. Other administrative units that have legal personality may be established. The foregoing will be organised by law in a way that supports decentralisation, that empowers administrative units in providing local services and facilities, that reinvigorates them and improves their administration.
Article 184. Technical, administrative and financial assistance from the state
The state guarantees that it will satisfy the local unit’s needs in terms of technical, administrative and financial assistance, and ensures the equitable distribution of facilities, services and resources, and works to bring development levels and living standards in these units to a common standard. This will be organised by law.
Article 185. Local taxes and fees
Local units’ income includes additional taxes and fees of a local nature. The unit follows the same rules and procedures in the collection of public funds as followed by the state. The foregoing is regulated by law.
Article 186. Cooperation between local units
The law regulates cooperation between local units in matters of mutual benefit and means of cooperation between local units and the state apparatus.
Article 187. Selection of governors
The law regulates the manner in which governors and heads of other local administrative units are selected, and defines their mandate.
Section 2. Local Councils
Article 188. Election of local councils
Every local unit elects a local council by direct, secret ballot for a term of four years.
Representatives from the executive apparatus of the local unit forms part of the council but have no counted vote.
Every council elects its president and deputy from among its elected members.
Conditions and procedures for nomination and election are regulated by law.
Article 189. Mandate
The local council is concerned with issues of concern in the unit it represents. It creates and manages local facilities, economic, social and health-related activities, as well as other activities. The foregoing is organised by law.
Article 190. Local council decisions
Local council decisions that are issued within the council’s mandate are final. they are not subject to interference from the executive branch of government, except to prevent the council from overstepping limits, or causing damage to public interest or the interests of other local councils.
Any dispute over the jurisdiction of a local council is dealt with as a matter of urgency by the Legislation Department of the State Council. The foregoing is organised by law.
Article 191. Budget and final accounts
Every local council is in charge of its own budget and final accounts, in the manner organised by law.
Article 192. Dissolution of local councils
It is prohibited to dissolve local councils as part of a comprehensive administrative procedure. The manner to dissolve and re-elect any one of them is organised by law.
Chapter 5. National Security and Defense
Section 1. The National Security Council
Article 193. Composition and mandate
The National Security Council is established. It is presided over by the President of the Republic and includes in its membership the Prime Minister, the Speakers of the Council of Representatives and the Shura Council, the Minister of Defense, the Minister of Interior, the Minister of Foreign Affairs, the Minister of Finance, the Minister of Justice, the Minister of Health, the Chief of the General Intelligence Services, and the Heads of the Committees of Defense and National Security in the Council of Representatives and the Shura Council.
The Council adopts strategies for establishing security in the country; faces disasters and crises of all kinds and takes necessary measures to contain them; and identifies sources of threat to Egyptian national security, whether at home or abroad, and undertakes necessary actions to address them on the official and popular levels.
The Council invites whoever is seen as being of relevant expertise to attend its meetings without having their votes counted.
Other competencies and regulations are defined by law.
Section 2. The Armed Forces
Article 194. Duty of the armed forces
The armed forces belong to the people. Their duty is to protect the country, and preserve its security and territories. The state is exclusively mandated to establish armed forces. No individual, entity, organization or group is allowed to create military or para-military structures, groups or organizations.
The armed forces have a Supreme Council as regulated by law.
Article 195. Commander in Chief
The Minister of Defense is the Commander in Chief of the Armed Forces, appointed from among its officers.
Article 196. Public mobilization
The law regulates public mobilization and defines the conditions of service, promotion and retirement in the armed forces.
The judicial committees for officers and personnel of the armed forces are exclusively competent for adjudicating in all administrative disputes pertaining to decisions affecting them.
Section 3. The National Defense Council
Article 197. Composition and mandate
A National Defense Council is established, presided over by the President of the Republic and including in its membership the Speakers of the Parliament and Shura Council, the Prime Minister, the Minister of Defense, the Minister of Foreign Affairs, the Minister of Finance, the Minister of Interior, the Chief of the General Intelligence Service, the Chief of Staff of the armed forces, the Commander of the Navy, the Air Forces and Air Defense, the Chief of Operations for the armed forces and the Head of Military Intelligence.
The Council is responsible for matters pertaining to the methods of ensuring the safety and security of the country, for discussing the armed forces’ budget. Its opinion must be sought in relation to draft laws on the armed forces.
Its other competencies are defined by law.
The President of the Republic may invite whoever is seen as having relevant expertise to attend the Council’s meetings without having their votes counted.
Section 4. Military courts
Article 198. Mandate and trial of civilians
The Military Judiciary is an independent judiciary that adjudicates exclusively in all crimes related to the armed forces, its officers and personnel; in crimes pertaining to military service which occur within military facilities; or crimes relating to armed forces facilities, equipment or secrets.
Civilians cannot stand trial before military courts except for crimes that harm the armed forces. The law defines such crimes and determines the other competencies of the Military Judiciary.
Members of the Military Judiciary are autonomous and cannot be dismissed. They share the immunities, securities, rights and duties stipulated for members of other judiciaries.
Section 5. The Police
Article 199. Mandate
The police force is a statutory civil body with the President of the Republic as its Supreme Chief. It performs its duty in the service of the people, its loyalty being to the Constitution and the law, and its responsibilities to preserve order, public security and morality, to implement laws and regulations, and to safeguard the peace, dignity, rights and freedoms of citizens, all as regulated by law and in a manner that enables police personnel to carry out their duties.
