Chapter Six. General and Transitional Provisions
Section One
Article 222. Capital
Cairo is the capital of the Arab Republic of Egypt.
Article 223. Flag
The national flag of the Arab Republic of Egypt consists of three colors black, white, and red with the eagle of Saladin in golden yellow. The emblem, decorations, insignia, seal and the national anthem are defined by law.
Desecration of the Egyptian flag is a crime punishable by law.
Article 224. Legal continuity
All of the provisions stipulated by laws and regulations prior to the proclamation of this Constitution remain valid and in force. They may not be amended or repealed except in accordance with the regulations and procedures prescribed in the Constitution.
The state commits to issuing laws implementing the provisions of this Constitution.
Article 225. Publication of laws in the Official Gazette
Laws are published in the Official Gazette within 15 days from the date of their issuance, to be effective 30 days from the day following the date of publication, unless the law specifies a different date.
Provisions of the laws apply only from the date of their entry into force. However, with the approval of a two-thirds majority of the members of House of Representatives, provisions to the contrary may be made in articles pertaining to non-criminal and non-tax-related matters.
Article 226. Amendment
The amendment of one or more of the Constitution articles may be requested by the President of the Republic or one-fifth of the members of the House of Representatives. The request specifies the articles to be amended and the reasons for the amendments.
In all cases, the House of Representatives will debate the request within 30 days from the date of its receipt. The House issues its decision to accept the request in whole or in part by a majority of its members.
If the request is rejected, the same amendments may not be requested again before the next legislative term.
If the amendment request is approved by the House, it discusses the text of the articles to be amended within 60 days from the date of approval. If approved by a two-thirds majority of the House’s members, the amendment is put to public referendum within 30 days from the date of approval. The amendment is effective from the date on which the referendum’s result and the approval of a valid majority of the participants in the referendum are announced.
In all cases, texts pertaining to the re-election of the president of the republic or the principles of freedom and equality stipulated in this Constitution may not be amended, unless the amendment brings more guarantees.
Article 227. Constitution and Preamble
The Constitution and its preamble and texts are a well-knit fabric that is non-divisible. Its provisions constitute one coherent unit.
Section Two
Article 228. High Electoral Committee, Presidential Election Committee
The High Electoral Committee and the Presidential Election Committee existing at the time this Constitution comes into force shall undertake the full supervision of the first parliamentary and presidential elections following the date it came into effect. The funds of the two committees revert to the National Electoral Commission, as soon as the latter is formed.
Article 229. Election of the House of Representatives
The election of the House of Representatives following the date on which this Constitution comes into effect shall take place in accordance with the provisions of Article 102.
Article 230. Procedures for parliamentary and presidential elections
Procedures for the election of the President of the Republic or the House of Representatives shall take place in the manner regulated by law, provided that they begin within no less than 30 days and no more than 90 days of this Constitution coming into effect.
In all cases, the next electoral procedures shall begin within a period not exceeding six months as of the date the Constitution comes into effect.
Article 231. Beginning of the presidential term
The presidential term following the adoption of this Constitution begins as of the date that the final result of the elections is announced.
Article 232. The interim president
The Interim President of the Republic continues to exercise the presidential powers stipulated in the Constitution until the elected President of the Republic takes the constitutional oath.
Article 233. Vacancy of the office of the interim president
If on account of a temporary impediment, the Interim President of the Republic is rendered unable to exercise his powers, the Prime Minister acts in his place.
If the Interim Presidential office becomes vacant, due to resignation, death, permanent inability to work or any other reason, the most senior Vice-President of the Supreme Constitutional Court replaces him.
Article 234. Minister of defense
The Minister of Defense shall be appointed upon the approval of the Supreme Council of the Armed Forces.
Article 235. Building and renovating churches
In its first legislative term after this Constitution comes into effect, the House of Representatives shall issue a law to organize building and renovating churches, guaranteeing Christians the freedom to practice their religious rituals.
Article 236. Economic and urban development of border and underprivileged areas
The state shall develop and implement a plan for the comprehensive economic and urban development of border and underprivileged areas, including Upper Egypt, Sinai, Matrouh, and Nubia. This is to be achieved by the participation of the residents of these areas in the development projects and the priority in benefiting from them, taking into account the cultural and environmental patterns of the local community, within ten years from the date that this Constitution comes into effect, in the manner organized by law.
The state works on developing and implementing projects to bring back the residents of Nubia to their original areas and develop them within 10 years in the manner organized by law.
Article 237. War on terrorism
The state commits to fighting all types and forms of terrorism and tracking its sources of funding within a specific time frame in light of the threat in represents to the nation and citizens, with guarantees for public rights and freedoms.
The law organizes the provisions and procedures of fighting terrorism, and fair compensation for the damages resulting from it and because of it.
Article 238. Government expenditure on education
The state shall gradually implement its commitment to the allocation of the minimum government expenditure rates on education, higher education, health and scientific research that are stipulated in this Constitution as of the date that it comes into effect. It shall be fully committed to it in the state budget of the fiscal year 2016/2017.
The state commits to providing compulsory education until the completion of the secondary stage in a gradual manner to be completed in school year 2016/2017.
Article 239. Delegating judges, members of judicial bodies
The House of Representatives issues a law organizing the rules for delegating judges and members of judicial bodies and entities to ensure cancelling full and partial delegation to non-judicial bodies or committees with judicial competence, or for managing justice affairs or overseeing elections, within a period not exceeding five years from the date on which this Constitution comes into effect.
Article 240. Rulings of criminal courts
The state ensures providing financial and human capacities pertaining to appealing the rulings issued by criminal courts within 10 years from the date this Constitution comes into effect. The foregoing is organized by law.
Article 241. Transitional justice
In its first session after the enforcement of this Constitution, the House of Representatives commits to issuing a transitional justice law that ensures revealing the truth, accountability, proposing frameworks for national reconciliation, and compensating victims, in accordance with international standards.
Article 241bis
The current presidential term, as per the proposed amendments, shall end six years after the announcement of the results of the residential elections in 2018. The current president shall have the right to be reelected once.
Article 242. Local administration
The existing local administration system continues to be used until the system stipulated in the Constitution is gradually implemented within five years of its date of entry into force without prejudice to article 180 of this Constitution.
Article 243. Workers and farmers representation in parliament
The state shall endeavor that workers and farmers be appropriately represented, as regulated by law.
Article 244. Representation for youth, Christians, disabled persons, etc
The state shall endeavor that youth, Christians, persons with disability and Egyptians living abroad be appropriately represented in the House of Representatives, as regulated by law.
Article 244bis
The provisions of the first paragraph of Article 102 shall apply as of the next legislative chapter.
Article 245. Employees of the Shoura Council
The employees of the Shoura Council who are still serving on the date that this Constitution is adopted are transferred to the House of Representatives while keeping the same degrees and seniorities they occupied on that date. Their salaries, allowances, remunerations, and the rest of their financial rights granted to them in a personal capacity are kept. All funds of the Shoura Council revert to the House of Representatives.
Article 246. Constitutional Declarations
The Constitutional Declaration issued on the 5th of July 2013, the Constitutional Declaration issued on the 8th of July 2013, and any constitutional texts or provisions mentioned in the Constitution issued on 2012 but not covered by this constitutional document are hereby repealed as of the date that it comes into effect. However, their consequent effects remain in force.
Article 247. Entry into force
This Constitution comes into effect on the date that it is announced that the people have approved it in a referendum through a majority of valid votes of the participants.
Article 248
The Senate is concerned with studying and proposing what it sees as a tool to consolidate democracy, support national unity, social peace, the basic values of society, supreme values, rights, freedoms and public duties, and deepen and expand the democratic system.
Article 249
The opinion of the Senate shall be taken as follows:
- Proposals for the amendment of one or more articles of the Constitution.
Projects concerning the general plan for Social and Economic Development. Treaties of reconciliation and alliance and all treaties relating to the rights of sovereignty. Draft laws supplementing the Constitution and others referred to Senate by the President of the Republic. What the President of the Republic refers to the Senate concerning the general policy of the State or its policy in Arab or foreign affairs.
Article 250
The Senate shall consist of a number of members determined by law, not less than 180 members. Two-thirds of the members of the Council shall be elected by direct secret universal suffrage. The President of the Republic shall appoint the remaining third and the elections shall be held in accordance with the law.
Article 251
A candidate for membership in the Senate or the person who appoints him must be an Egyptian with civil and political rights. He must have at least a university degree or equivalent, and his age must be less than thirty-five years. The law specifies the conditions of candidacy, electoral system and the division of constituencies to take into account the equitable representation of the population and the governorates. Nomination can take place through singlemember election or multi-member election, or both together.
Article 252
The membership of the Senate and House of Representatives shall not be combined.
Article 253
The Prime Minister, his deputies, ministers and other members of the government are not accountable to the Senate.
Article 254
The provisions of the Constitution shall apply to the Senate in articles 103, 104, 105, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 1, 2, 132, 133, 136 and 137, in a manner not inconsistent with the provisions of this section, provided that the specializations in the said articles shall be exercised by the Senate and its President.
