Content

Appendix VI: Full Text of Articles from the 2014 Constitution Referred to in this Study in:

Cornelis Hulsman, Diana Serodio (Ed.)

The 2014 Egyptian Constitution, page 155 - 196

Perspectives from Egypt

1. Edition 2017, ISBN print: 978-3-8288-3838-3, ISBN online: 978-3-8288-6933-2, https://doi.org/10.5771/9783828869332-155

Series: Anwendungsorientierte Religionswissenschaft, vol. 10

Tectum, Baden-Baden
Bibliographic information
Appendix VI: Full Text of Articles from the 2014 Constitution Referred to in this Study In this Appendix, we have reproduced each Article of the 2014 Egyptian Constitution referenced in this study. The analyses and discussions of this study are based on Muna Dhu al-Fiqar's 2014 English translation of the 2014 Egyptian Constitution. As of the publication of this text, there has been a more recent (2017) English translation of the 2014 Egyptian Constitution done by International IDEA as a part of their Constitute Project. In areas where there are significant differences between the two translations, we provide the text of the International IDEA translation for comparison.307 Preamble Translation o f the 2014 Constitution from Muna Dhu al-Fiqar (Mona Zulficar), June 3, 2014. The translation o f International IDEAS has been added when there were notable differences in the translation. In the Name of Allah, Most Gracious, Most Merciful This is Our Constitution Egypt is the gift of the Nile for Egyptians and the gift of Egyptians to humanity. With its unique location and history, Egypt is the Arab heart of the world. It is the meeting point of world civilizations and cultures and the crossroads of its maritime transportation and communications. It is the head of Africa on the Mediterranean and the estuary of its greatest river: the Nile. This is Egypt, an immortal homeland for Egyptians, and a message of peace and love to all peoples. In the outset of history, the dawn of human conscience arose and shone forth in the hearts of our great ancestors, whose goodwill banded together to found the first central State that regulated and organized the life of Egyp tians on the banks of the Nile. It is where they created amazing wonders of A link to the Constitute Project's reproduction of the International IDEA transla tion can be found here: "2014 Egyptian Constitution." Constitute. Accessed May 08, 2017. https://www.constituteproject.org/ constitution/Egypt_2014. 155 civilization, and where their hearts looked up to heavens before earth knew the three Abrahamic religions. Egypt is the cradle of belief and the banner of glory of the revealed relig ions. On its land, Prophet Moses - to whom Allah spoke - grew up and on Mount Sinai, the Revelation of Allah shone on his heart and Divine message de scended. On its land, Egyptians harboured in their bosoms Virgin Mary and her baby and offered thousands of martyrs in defence of the Church of Jesus, Peace Be upon Him. When the Seal of the Messengers Mohammad (Peace and Blessings Be Upon Him) was sent to all mankind to perfect the sublime morals, our hearts and minds were opened to the light of Islam, and we, labelled the best soldiers on Earth fighting for the cause of Allah, disseminated the mes sage of truth and sciences of religion across the world. This is Egypt, a homeland in which we live and in our souls it lives. In modern age, minds were enlightened, humanity became mature, and na tions and peoples progressed on the path of knowledge, raising the banners of freedom and equality. Mohamed Ali founded the modern Egyptian State with a national army as its pillar. Refaa, the Azharian, called for having the homeland "... a place of happiness shared by all its people." We, Egyptians, strived to keep up with the pace of advancement and offered up martyrs and made sacrifices in several uprisings and revolutions until our patriotic army stood up for the overwhelming will of the people in the "Jan 25 - June 30" Revolution that called for freedom, human dignity and social justice for all, and for Egypt to regain its independent will. This revolution is continuation of national struggle whose brightest sym bols were Ahmed Oraby, Mostafa Kamel, and Mohamed Farid, and is a culmination of two great revolutions in our modern history: The 1919 revolution that had rid Egypt and the Egyptians of the British pro tection, established the principle of citizenship and equality for all the peo ple. Its leader, Saad Zaghloul, and his successor, Mosfata El-Nahhas, in adopting democracy asserted that "Right is above power and the nation is above government". During this revolution, Talaat Harb laid down the cor nerstone of the national economy. 156 The July 23, 1952 revolution led by Gamal Abdel Nasser and embraced by the popular will rendered true the dream of generations for independence and evacuation of foreign forces. Egypt affirmed its Arab allegiance, opened up to its African continent and Muslim world, supported liberation movements across continents, and took firm steps on the path of develop ment and social justice. This revolution is an extension of the revolutionary march of Egyptian pa triotism, and enhances the strong bond between the Egyptian people and their national army that assumed the duty and shouldered the responsibil ity of protecting the homeland, by virtue of which we achieved victory in our greatest battles including driving off the 1956 Tripartite Aggression to defeating our defeat through the glorious victory of October 1973 that gave President Al-Sadat a special place in our recent history. Compared to major revolutions in the history of mankind, the Jan 25 - June 30 Revolution is unique with its high density of popular participation - es timated to be in the tens of millions - and the prominent role of youth aspir ing at a brighter future. It is also unique in that the masses transcended class and ideology divides to reach out to more expansive horizons, the people's will was defended by their army, and that it had the blessings of Al-Azhar and the Egyptian church. This Revolution is further unique be cause of its peacefulness and ambition to achieve freedom and social justice combined. This revolution is both a sign and a good omen; a sign of a past that is still present and a good omen of a future at which all humanity aspires. The world is about to turn the last few leaves of this era that has been torn up by conflicts of interest between the East and the West, and the North and the South; an era where disputes and wars erupted between classes and peoples, where dangers grew threatening the existence of mankind and life on Earth which Allah entrusted us to preserve. As humanity hopes to move from the age of maturity to the age of wisdom to build a new world where truth and justice prevail, and where freedoms and human rights are protected, we, Egyptians, believe that our revolution is a resumption of our contribution to drafting a new history for humanity. We believe that we are capable of using the past as an inspiration, stirring up the present, and making our way to the future. We are capable of raising this homeland and rising with it. 157 We believe that every citizen is entitled to live in this homeland safe and se cure, and that every citizen has the right to live at present and in the future. We believe in democracy as a path, a future, and mode of living, political pluralism and the peaceful rotation of power. We affirm the right of the people to make and determine their future. The Egyptian people, is the sole source of authority. Freedom, human dignity, and social justice are the rights of every citizen. We and our future generations are masters in a sov ereign homeland that is master of its destiny. We are now drafting a Constitution that embodies the dream of generations for a prosperous consolidated society and a just State that realizes the pre sent and future ambitions for the individual and the community. We are now drafting a Constitution that seeks the completion of building a modern democratic State having a civil government. We are drafting a Constitution that prevents any corruption or tyranny and by which we heal the wounds of the past, from the days of the old Eloquent Peasant to the victims of negligence and the martyrs of the revolution in our present time, and relieve our people who have - for long - been suffering injustice. We are drafting a Constitution that affirms that the principles of Islamic Sharia are the principal source of legislation, and that the reference for the interpretation of such principles lies in the body of the relevant Supreme Constitutional Court Rulings. We are drafting a Constitution that paves the way to the future for us, and which is consistent with the Universal Declaration of Human Rights which we participated in drafting and adopted... We are drafting a Constitution that maintains our freedom and protects our nation against any peril that threatens it or our national unity. We are drafting a Constitution that holds all of us equal in rights and duties without discrimination of any kind. We the citizens, women and men, the Egyptian people, sovereigns in a sov ereign homeland, this is the manifestation of our volition; this is the Consti tution of our revolution. This is our Constitution. 158 Articles from the 2014 Constitution Referenced in the Study P arti The State [MZ]: Article (1) The Arab Republic of Egypt is a sovereign, united, indivisible State, where no part may be given up, having a democratic republican system that is based on citizenship and rule of law. The Egyptian people are part of the Arab nation seeking to enhance its integration and unity. Egypt is part of the Islamic world, belongs to the African continent, cherishes its Asian di mension, and contributes to building human civilization. [MZ]: Article (2) Islam is the religion of the State and Arabic is its official language. The prin ciples of Islamic Sharia are the main source of legislation. [MZ]: Article (3) The principles of Christian and Jewish Sharia of Egyptian Christians and Jews are the main source of legislations that regulate their respective per sonal status, religious affairs, and selection of spiritual leaders. [MZ]: Article (4) Sovereignty belongs only to the people, who shall exercise and protect it. The people are the source of powers, and safeguard their national unity that is based on the principles of equality, justice and equal opportunities among all citizens, as stated in the Constitution. [MZ]: Article (5) The political system is based on political and partisan pluralism, peaceful rotation of power, separation and balance of powers, the inevitable correla tion between powers and responsibilities, and respect for human rights and freedoms, as stated in the Constitution. 159 [MZ]: Article (6) Nationality is a right to anyone born to an Egyptian father or an Egyptian mother, and legal recognition through official papers proving his/her per sonal data, is a right guaranteed and regulated by Law. Requirements for acquiring nationality shall be specified by law. [International IDEAS]: Article (6): Citizenship Citizenship is a right to anyone born to an Egyptian father or an Egyptian mother. Being legally recognized and obtaining official papers proving his personal data is a right guaranteed and organized by law. Requirements for acquiring citizenship are specified by law. Part II Basic Components of the Society Chapter One Social Components [MZ]: Article (7) Al-Azhar is an independent Islamic scientific institution, with exclusive competence over its own affairs. It is the main reference for religious sci ences and Islamic affairs. It is responsible for calling to Islam, as well as, disseminating religious sciences and the Arabic language in Egypt and all over the world. The State shall provide sufficient financial allocations thereto so that it can achieve its purposes. Al-Azhar's Grand Sheikh is in dependent and may not be dismissed. The Law shall regulate the method of appointing the Grand Sheikh from amongst the members of Council of Sen ior Scholars. [MZ]: Article (11) The State shall ensure the achievement of equality between women and men in all civil, political, economic, social, and cultural rights in accordance with the provisions of this Constitution. The State shall take the necessary measures to ensure the appropriate representation of women in the houses of representatives, as specified by Law. The State shall also guarantee women are right of holding public and senior management offices in the 160 State and their appointment in judicial bodies and authorities without dis crimination. The State shall protect women against all forms of violence and ensure enabling women to strike a balance between family duties and work requirements. The State shall provide care to and protection of motherhood and childhood, female heads of families, and elderly and neediest women. [MZ]: Article (12) Work is a right, duty and honour guaranteed by the State. No citizen may be forced to work except as required by Law and for the purpose of per forming a public service for a fixed period in return for a fair consideration, and without prejudice to the basic rights of those obliged to carry out such work. [MZ]: Article (17) The State shall ensure that social insurance services are provided. All citizens who do not benefit from the social insurance system have the right to social security, in a manner that ensures a decent life in the event of being incapable to provide for themselves and their families, as well as in cases of incapacity to work, old age or unemployment. In accordance with Law, the State shall strive to provide suitable pensions to small farmers, ag ricultural workers and fishermen, and irregular labour. The funds of social insurance and pensions are deemed private funds that enjoy all aspects and forms of protection afforded to public funds. Those funds along with their returns are the rights of their respective beneficiaries; they shall be safely invested, and shall be managed by an independent entity in accordance with the Law. The State shall guarantee social insurance and pension funds. [MZ]: Article (18) Every citizen has the right to health and to comprehensive health care which complies with quality standards. The State shall maintain and sup port public health facilities that provide health services to the people, and shall enhance their efficiency and their equitable geographical distribution. The State shall allocate a percentage of government spending to health equivalent to at least 3percent of Gross National Product (GNP), which 161 shall gradually increase to comply with international standards. The State shall establish a comprehensive health insurance system covering all dis eases for all Egyptians; and the Law shall regulate citizens' contribution to or exemption from its subscriptions based on their income rates. Refusing to provide any form of medical treatment to any human in emergency or life-threatening situations is a crime. The State shall improve the conditions of physicians, nursing staff, and health sector workers. All health facilities as well as health-related products, materials and means of advertisement shall be subject to State control. The State shall encourage the participation of private and non-governmental sectors in providing health care services according to the Law. [MZ]: Article (19) Every citizen has the right to education. The goals of education are to build the Egyptian character, preserve the national identity, root the scientific method of thinking, develop talents and promote innovation, establish cul tural and spiritual values, and found the concepts of citizenship, tolerance and non-discrimination. The State shall observe the goals of education in the educational curricula and methods, and provide education in accor dance with international quality standards. Education is compulsory until the end of the secondary stage or its equivalent. The State shall provide free education in the various stages in the State's educational institutions ac cording to the Law. The State shall allocate a percentage of government spending to education equivalent to at least 4% of the Gross National Prod uct (GNP), which shall gradually increase to comply with international standards. The State shall supervise education to ensure that all public and private schools and institutes abide by its educational policies. [International IDEAS]: Article (19): Education Every citizen has the right to education with the aim of building the Egyp tian character, maintaining national identity, planting the roots of scientific thinking, developing talents, promoting innovation and establishing civili- 162 zational and spiritual values and the concepts of citizenship, tolerance and non-discrimination. The state commits to uphold its aims in education cur ricula and methods, and to provide education in accordance with global quality criteria. Education is obligatory until the end of the secondary stage or its equivalent. The state grants free education in different stages in state educational institutions as per the law. The state commits to allocating a percentage of government spending that is no less than 4% of the GDP for education. It will gradually increase this until it reaches global rates. The state oversees education to ensure that all public and private schools and institutes abide by its educational policies. [MZ]: Article (21) The State shall guarantee the independence of universities and scientific and linguistic academies, and provide university education in accordance with international quality standards. It shall develop and ensure free provi sion of, university education in State universities and institutes according to the Law. The State shall allocate a percentage of government spending to university education equivalent to at least 2percent of the Gross National Product (GNP), which shall gradually increase to comply with international standards. The State shall encourage the establishment of non-profit, non governmental universities. The State shall guarantee the quality of educa tion in private and non-governmental universities, ensure that they comply with international quality standards and the = build their own faculty members and researchers, and allocate a sufficient percentage of their re turns to educational and research development. [MZ]: Article (22) Teachers, and faculty members and their assistants, are the main pillars of education. The State shall guarantee the development of their academic competencies and professional skills and shall care for their financial and moral rights in order to ensure the quality of education and achieve its goals. 163 [MZ]: Article (23) The State shall ensure freedom of scientific research and encourage scien tific research institutions as a mean to achieve national sovereignty and build a knowledge economy. The State shall sponsor researchers and inven tors and allocate a percentage of government spending to scientific research equivalent to at least lpercent of the Gross National Product (GNP), which shall gradually increase to comply with international standards. The State shall ensure effective means of contribution by private and non governmental sectors and the participation of Egyptian expatriates in the progress of scientific research. [MZ]: Article (24) Arabic Language, Religious Education and National History, in all its stages, are core subjects in public and private pre-university education. Universities shall teach human rights and professional values and ethics of the various academic disciplines. [MZ]: Article (30) The State shall protect fish resources, as well as protect and support fisher men and empower them to carry out their work without jeopardizing eco systems, as regulated by Law. [ MZ]: Article (32) The State's natural resources belong to the people. The State shall preserve and effectively exploit them, may not deplete them, and shall observe the rights of future generations to them. The State shall make the best use of re newable energy sources, motivate investment therein, and encourage rele vant scientific research. The State shall encourage the manufacture of raw materials and increase their added value as per economic feasibility. Disposing of State's public properties is prohibited. Granting the right of exploitation of natural resources or public utility concessions shall be by virtue of a law for a period not exceeding thirty (30) years. Granting the right of exploitation of quarries, small mines and salters, or granting public utility concession shall be based on a law for a period not exceeding fifteen 164 (15) years. The Law shall define provisions of disposing of the State's pri vate properties as well as the regulating rules and procedures. [MZ]: Article (38) The tax system, as well as other public liabilities, aims at developing State resources and achieving social justice and economic development. Public taxes may not be created, altered, or cancelled except by a law; and exemp tion there from may only be made in the cases defined by the law. No per son may be required to pay other taxes or fees except as provided for in the Law. Multi sources shall be observed in imposing taxes. Progressive multi bracket taxes shall be imposed on incomes of individuals according to their respective financial capabilities. Taxation system shall ensure promoting la bour-intensive economic activities and motivating their role in the eco nomic, social and cultural development. The State shall improve the taxa tion system and develop modern systems that guarantee efficiency, easiness and control in tax collection. The Law shall define the methods and tools of collecting taxes, charges and any other sovereign proceeds, and amounts thereof to be deposited into the State public treasury. Tax payment is a duty and tax evasion is a crime. [MZ]: Article (41) The State shall implement a population program aiming at striking a bal ance between population growth rates and available resources; and shall maximize investments in human resources and improve their characteris tics in the framework of achieving sustainable development. [International IDEAS]: Article (41): Housing The state commits to the implementation of a housing program that aims at achieving balance between population growth rates and the resources available, maximizing investment in human energy, and improving its fea tures, within the framework of achieving sustainable development. [MZ]: Article (43) The State shall protect and develop the Suez Canal and preserve it as an in 165 ternational waterway owned by the State. The State shall also develop the Canal sector as a distinguished economic centre. [MZ]: Article (44) The State shall protect the River Nile, preserve Egypt's historical rights thereto, rationalize and maximize its use, and refrain from wasting or pol luting its water. The State shall also protect groundwater; adopt necessary means for ensuring water security; and support scientific research in that regard. Every citizen is guaranteed the right to enjoy the River Nile. It is prohibited to trespass the riverbank reserve or harm the riverine environ ment. The State shall guarantee eliminating any trespass against the River Nile as regulated by Law. [MZ]: Article (45) The State shall protect its seas, shores, lakes, waterways and natural protec torates. Trespassing, polluting or misusing any of them is prohibited. Every citizen is guaranteed the right of enjoying them. The State shall protect and develop the green space in the urban areas; preserve plant, animal and fish resources and protect those under the threat of extinction or danger; guar antee humane treatment of animals, all according to the law. Chapter Three Cultural Components [MZ]: Article (47) The State shall maintain the Egyptian cultural identity with its diversified branches of civilization. [MZ]: Article (48) Culture is a right to every citizen. The State shall secure and support this right and make available all types of cultural materials to all strata of the people, without any discrimination based on financial capability, geo graphic location or others. The State shall give special attention to remote areas and the neediest groups. The State shall encourage translation from and into Arabic. 166 [MZ]: Article (49) The State shall protect and preserve monuments and give due care to monumental sites. It shall also maintain and restore them; recover stolen antiquities; and organize and supervise excavation operations. Presenting monuments as gifts or exchanging them is prohibited. Aggression against or trafficking in monuments is a crime that is not subject to prescription. [MZ]: Article (50) Egypt's civilization and cultural heritage, whether physical or moral, in cluding all diversities and principal milestones - namely Ancient Egyptian, Coptic, and Islamic - is a national and human wealth. The State shall pre serve and maintain this heritage as well as the contemporary cultural wealth, whether architectural, literary or artistic, with all diversities. Ag gression against any of the foregoing is a crime punished by Law. The State shall pay special attention to protecting components of cultural pluralism in Egypt-___________________________________________________________ Part III Public Rights, Freedoms & Duties [MZ]: Article (51) Dignity is the right of every human being and may not be violated. The State shall respect and protect human dignity. [MZ]: Article (52) Torture in all forms and types is a crime that is not subject to prescription. [MZ]: Article (53) All citizens are equal before the Law. They are equal in rights, freedoms and general duties, without discrimination based on religion, belief, sex, origin, race, colour, language, disability, social class, political or geographic affiliation or any other reason. Discrimination and incitement of hatred is a crime punished by Law. The State shall take necessary measures for elimi nating all forms of discrimination, and the Law shall regulate creating an independent commission for this purpose. 167 [MZ]: Article (54) Personal freedom is a natural right, shall be protected and may not be in fringed upon. Except for the case of being caught in flagrante delicto, it is not permissible to arrest, search, detain, or restrict the freedom of anyone in any way except by virtue of a reasoned judicial order that was required in the context of an investigation. Every person whose freedom is restricted shall be immediately notified of the reasons therefore; shall be informed of his/her rights in writing; shall be immediately enabled to contact his/her relatives and lawyer; and shall be brought before the investigation author ity within twenty four (24) hours as of the time of restricting his/her free dom. Investigation may not start with the person unless his/her lawyer is present. A lawyer shall be seconded for persons who do not have one. Nec essary assistance shall be rendered to people with disability according to procedures prescribed by Law. Every person whose freedom is restricted, as well as others, shall have the right to file grievance before the court against this action. A decision shall be made on such grievance within one (1) week as of the date of action; otherwise, the person must be immediately released. The Law shall regulate the provisions, duration, and causes of temporary detention, as well as the cases in which damages are due on the state to compensate a person for such temporary detention or for serving punishment thereafter cancelled pursuant to a final judgment reversing the judgment by virtue of which such punishment was imposed. In all events, it is not permissible to present an accused for trial in crimes that may be punishable by imprisonment unless a lawyer is present by vir tue of a power of attorney from the accused or by secondment by the court. [MZ]: Article (60) The human body is inviolable and any assault, deformation or mutilation committed against it shall be a crime punishable by Law. Organs trade shall be prohibited, and it is not permissible to perform any medical or scientific experiment thereon without a certified free consent according to established principles in medical sciences and as regulated by Law. 168 [MZ]: Article (63) All forms and types of arbitrary forced displacement of citizens shall be prohibited and shall be a crime that does not lapse by prescription. [MZ]: Article (64) Freedom of belief is absolute. The freedom of practicing religious rituals and establishing worship places for the followers of Abrahamic religions is a right regulated by Law. [MZ]: Article (67) Freedom of artistic and literary creativity is guaranteed. The State shall en courage arts and literature, sponsor creative artists and writers and protect their productions, and provide the means necessary for achieving this end. No lawsuit may be initiated or filed to stop or confiscate any artistic, liter ary, or intellectual works, or against their creators except by the Public Prosecutor. No freedom restricting sanction may be inflicted for crimes committed because of the publicity of artistic, literary or intellectual prod uct. As for crimes related to the incitement of violence, discrimination be tween citizens, or impingement of individual honour, the Law shall specify the penalties therefor. In such cases, the court may obligate the sentenced to pay punitive compensation to the victim of the crime, in addition to the original compensations due to the victim for the damages incurred. All the foregoing shall be in accordance with the Law. [MZ]: Article (68) Information, data, statistics and official documents are the property of the People and the disclosure thereof from their various sources is a right guar anteed by the State for all citizens. The State is committed to provide and make them available to citizens in a transparent manner. The Law shall regulate the rules for obtaining them and terms for their availability and confidentiality; the rules for their deposit and storage; and the rules for and filing complaints against the refusal to provide them. The Law shall also impose penalties for withholding information or deliberately providing wrong information. The State institutions shall deposit official documents 169 with the National Library and Archives once they are no longer in use. The State institutions shall also protect, and secure such documents against loss or damage, as well as restoring and digitizing them using all modern means and instruments according to the Law. [International IDEAS] Article (68): Access to information and official documents Information, data, statistics and official documents are owned by the people. Disclosure thereof from various sources is a right guaranteed by the state to all citizens. The state shall provide and make them available to citi zens with transparency. The law shall organize rules for obtaining such, rules of availability and confidentiality, rules for depositing and preserving such, and lodging complaints against refusals to grant access thereto. The law shall specify penalties for withholding information or deliberately pro viding false information. State institutions shall deposit official documents with the National Library and Archives once they are no longer in use. They shall also protect them, secure them from loss or damage, and restore and digitize them using all modern means and instruments, as per the law. [MZ]: Article (69) The State shall protect all types of intellectual property rights in all fields, and establish a specialized agency to uphold such rights and their legal pro tection as regulated by Law. [MZ]: Article (72) The State shall ensure the independence of all State-owned press institu tions and media outlets, in a manner ensuring their neutrality and presenta tion of all political and intellectual opinions and trends as well as social in terests and also guaranteeing equality and equal opportunities in address ing public opinion. 170 [MZ]: Article (73) Citizens shall have the right to organize public meetings, marches, demon strations and all forms of peaceful protests, without carrying arms of any kind, by serving a notification as regulated by Law. The right to peaceful and private assembly is guaranteed without need for prior notification. Se curity forces may not attend, monitor or eavesdrop on such meetings. [MZ]: Article (74) All citizens shall have the right to form political parties by notification as regulated by Law. No political activity may be practiced and no political parties may be formed on the basis of religion or discrimination based on sex, or origin, or on sectarian basis or geographic location. No activity that is hostile to democratic principles, secretive, or of military or quasi-military nature may be practiced. Political parties may not be dissolved except by virtue of a court judgment. [MZ]: Article (75) All citizens shall have the right to form non-governmental associations and foundations on democratic basis, which shall acquire legal personality upon notification. Such associations and foundations shall have the right to prac tice their activities freely, and administrative agencies may not interfere in their affairs or dissolve them, or dissolve their boards of directors or boards of trustees save by a court judgment. The establishment or continuation of non-governmental associations and foundations, whose statutes or activi ties are secretive or conducted in secret or which are of military or quasi military nature is prohibited as regulated by Law. [MZ]: Article (76) The establishment of syndicates and federations on democratic basis is a right guaranteed by Law. Syndicates and federations shall acquire legal personality, shall have the right to practice their activities freely, shall im prove the level of efficiency among their members and defend their rights and interests. The State shall guarantee the independence of all syndicates and federations and their boards of directors may only be dissolved by a 171 court judgment. No syndicate or federation may be established in the mili tary or police agencies. [International IDEAS]: Article (76): Right to form syndicates The establishment of federations and syndicates on a democratic basis is a right guaranteed by law. Such federations and syndicates will possess legal personality, be able to practice their activities freely, contribute to improv ing the skills of its members, defend their rights and protect their interests. The state guarantees the independence of all federations and syndicates. The boards of directors thereof may only dissolved by a judicial ruling. Syndicates may not be established within governmental bodies. [MZ]: Article (77) The Law shall regulate the establishment of professional syndicates and the administration thereof on a democratic basis, shall guarantee their inde pendence and shall specify their resources and the manner of recording their members, and holding them accountable for their conduct in practic ing their professional activities according to the codes of ethics and profes sional conduct. No profession may have more than one syndicate for the regulation of its affairs. Receivership may not be imposed on any syndicate. Administrative bodies may not interfere in the affairs thereof. The board of directors of any syndicate may not be dissolved save by a court judgment. The opinion of the syndicate shall be sought on draft legislations pertaining to it. [MZ]: Article (80) Anyone under the age of 18 shall be considered a child. Each child shall have the right to a name, identity documents, free compulsory vaccination, health and family or alternative care, basic nutrition, safe shelter, religious education, and emotional and cognitive development. The State shall en sure the rights of children with disabilities, their rehabilitation and their in tegration in the society. The State shall provide children with care and pro tection from all forms of violence, abuse, mistreatment and commercial and sexual exploitation. Every child shall be entitled to acquire early education 172 in a childhood centre until the age of six. It is prohibited to employ children before the age of completing their preparatory education (six years of pri mary and three years of preparatory) or in jobs which subject them to dan ger. The State shall also develop a judicial system for children that have been victims and or are witnesses. Children may not be held criminally ac countable or detained save as provided in the Law and for the period of time specified therein. In such a case, they shall be provided with legal as sistance and detained in appropriate locations separate from those allocated for the detention of adults. The State shall endeavour to achieve the best in terest of children in all measures taken against them. [MZ]: Article (81) The State shall guarantee the health, economic, social, cultural, entertain ment, sporting and educational rights of persons with disabilities and dwarves strive to provide them with job opportunities, allocate a percent age of job opportunities to them, and adapt public facilities and their sur rounding environment to their special needs. The State shall also ensure their exercise of all political rights and integration with other citizens in compliance with the principles of equality, justice and equal opportunities. [MZ]: Article (89) All forms of slavery, oppression, forced exploitation of human beings, sex trade, and other forms of human trafficking are prohibited and criminalized by Law. [MZ]: Article (92) Inalienable rights and freedoms of citizens may not be suspended or re duced. No law regulating the exercise of rights and freedoms may restrict such rights and freedoms in a manner prejudicing the substance and the es sence thereof. [MZ]: Article (93) The State shall be bound by the international human rights agreements, covenants and conventions ratified by Egypt, and which shall have the force of law after publication in accordance with the prescribed conditions. 173 Part IV Rule of Law [MZ]: Article (99) Any violation of personal freedom or the sanctity of the private life of citi zens, or any other public rights and freedoms which are guaranteed by the Constitution and the Law is a crime. The criminal and civil lawsuit arising of such crime shall not abate by prescription. The affected party shall have the right to bring a direct criminal action. The State shall guarantee fair compensation for the victims of such violations. The National Council for Human Rights may file a complaint with the Public Prosecution of any vio lation of these rights, and it may intervene in the civil lawsuit in favour of the affected party at its request. All of the foregoing is to be applied in the manner set forth by Law. Part V The System of Government Chapter One The Legislative Power (House of Representatives) [MZ]: Article (102) The House of Representatives is composed of no less than four hundred and fifty members elected by direct secret public ballot. A candidate for the membership of the House must be an Egyptian citizen, enjoying civil and political rights, a holder of at least the certificate of basic education, and should not be below 25 Gregorian years of age on the day of opening can didacy registration. Other candidacy requirements, the electoral system, and division of electoral constituencies shall be defined by law in a manner which observes fair representation of the population and governorates and equitable representation of voters. Elections based on the plurality voting system or proportional list, or a combination of both at whatsoever ratio may be adopted. The President of the Republic may appoint no greater than 5 percent of the members; the method of nomination thereof shall be stipu lated by Law. 174 [MZ]: Article (117) At the first meeting of its annual regular session, the House of Representa tives shall elect, from among its members, a speaker and two deputies for the full legislative term. If the office of any of the aforementioned persons becomes vacant, a substitute shall be elected by the House. The House's in ternal regulations shall provide for the rules and procedures of election. If any of the aforementioned persons fails to fulfil the duties of his office, onethird of the House members may request to relieve him of his office. The relevant decision shall be issued by a majority of two-thirds of the mem bers. In all cases, neither the Speaker nor any of the two deputies may be elected for more than two consecutive legislative terms. [MZ]: Article (121) The meetings of the House and resolutions passed thereby shall not be deemed valid unless attended by the majority of its members. In cases other than those requiring a special majority, resolutions shall be passed by the absolute majority of the members present. In case there is a tie of votes, the subject matter in deliberation shall be deemed rejected. Laws shall be issued by the absolute majority of the members present, provided that such major ity constitutes not less than one third of the House members. The Laws deemed complementary to the Constitution shall be issued by a majority of two thirds of the House members. Laws regulating presidential or parlia mentary or municipal elections, political parties, the judiciary, related to ju dicial bodies and judicial organizations, and those regulating the rights and freedoms stipulated in the Constitution shall be deemed complementary to the Constitution. [MZ]: Article (122) The President of the Republic, the Cabinet, and every House member shall have the right to propose laws. Every bill presented by the government or one tenth of the House members shall be referred to the competent special ized committees of the House for review and submission of a report to the House. A committee may seek the opinion of experts on the matter in ques 175 tion. No bill presented by a member can be referred to the specialized committee unless it has been permitted by the committee responsible for proposals and approved by the House. If the committee responsible for proposals rejects a bill, it must provide a reasoned decision. Any bill or proposed law rejected by the House may not be re-presented during the same legislative term. [MZ]: Article (124) The State budget shall include all of its revenues and expenditures without exception. The draft budget shall be submitted to the House of Representa tives at least ninety (90) days before the beginning of the fiscal year; and shall not be effective unless approved thereby. Voting thereon shall be made on a section-by-section basis. The House of Representatives may alter the expenditures stated in the draft budget, except for those allocated to honour a specific State liability. Should such alteration result in an increase in total expenditures, the House of Representatives must reach an agree ment with the Government on the means to procure sources of revenue so as to restore a balance between both. The State budget shall be issued by a law which may include an amendment of another existing law to the extent necessary to achieve such balance. In all cases, the budget law may not in clude any provision that puts new burdens on citizens. The Law shall specify the fiscal year, the method of preparing the State budget, and the provisions of the budgets of public bodies and organiza tions and their accounts. The House of Representatives must approve the transfer of any funds from one section of the State budget to another, as well as any expenditure not included therein or in excess of its estimate. Such approval shall be issued by a law. [MZ]: Article (137) The President of the Republic may not dissolve the House of Representa tives except in cases of necessity, by a reasoned decision and following a public referendum. The House of Representatives may not be dissolved for the same reason which caused the dissolution of the previous House. The 176 President of the Republic shall issue a decision to suspend the sessions of the House and hold a referendum on the dissolution within no more than twenty days. If the voters agree by majority of valid votes, the President of the Republic shall issue the decision of dissolution, and call for new elec tions within no more than thirty days from the date of the stated decision. The new House shall convene within the ten days following the announce ment of final the results. Chapter Two The Executive Power Branch I The President of the Republic [MZ]: Article (142) To be accepted as a candidate for the presidency, candidates must receive the recommendation of at least twenty elected members of the House of Representatives, or support from at least twenty five thousand citizens en joying the right to vote, in at least fifteen governorates, with a minimum of one thousand supporters from each governorate. In all cases, no one can support more than one candidate as regulated by Law. [MZ]: Article (146) The President of the Republic shall assign a Prime Minister to form the gov ernment and introduce his/her program to the House of Representatives. If his government does not win the confidence of the majority of the members of the House of Representatives within thirty days at the most, the Presi dent shall appoint a Prime Minister who is nominated by the party or the coalition that holds the majority or the highest number of seats in the House of Representatives. If the government of such prime minister fails to win the confidence of the majority of the members of the House of Representa tives within thirty days, the House shall be deemed dissolved, and the President of the Republic shall call for the election of a new House of Rep resentatives within sixty days from the date on which the dissolution is an nounced. In all cases, the total periods for choice of government set forth in 177 this Article shall not exceed sixty days. In case the House of Representatives is dissolved, the Prime Minister shall present to the new House of Repre sentatives the formation of his government and its program, at its first ses sion. In the event the government is chosen from the party or the coalition that holds the majority or the highest number of seats in the House of Rep resentatives, the President of the Republic shall, in consultation with the Prime Minister, choose the Ministers of Defence, Interior, Foreign Affairs and Justice. [MZ]: Article (147) The President of the Republic may relieve the government from carrying out its duties, subject to the approval of the majority of the members of the House of Representatives. The President of the Republic may conduct a cabinet reshuffle after consultation with the Prime Minister and approval of the House of Representatives by an absolute majority of the members pre sent, which must not be less than one third of its members. [MZ]: Article (151) The President of the Republic shall represent the State in its foreign rela tions and conclude treaties and ratify them after the approval of the House of Representatives. Such treaties shall acquire the force of law following their publication in accordance with the provisions of the Constitution. Voters must be called for referendum on the treaties related to making peace and alliance, and those related to the rights of sovereignty. Such trea ties shall only be ratified after the announcement of their approval in the referendum. In all cases, no treaty may be concluded which is contrary to the provisions of the Constitution or which results in ceding any part of state territories. [MZ]: Article (152) The President of the Republic is the Supreme Commander of the Armed Forces. The President shall not declare war, or send the armed forces to a combat mission outside the State borders, except after consultation with the National Defence Council and obtaining the approval of the House of Rep 178 resentatives by a majority of two-thirds of the members. In case the House of Representatives has not been elected, the Supreme Council of the Armed Forces (SCAF) must be consulted and the approval of both the Cabinet and National Defence Council must be obtained. [MZ]: Article (154) After consultation with the Cabinet, the President of the Republic may de clare the state of emergency as regulated by Law. Such declaration must be presented to the House of Representatives within the following seven days to decide thereon as it deems fit. If the declaration takes place while the House of Representatives is not in regular session, the House must be in vited to convene immediately in order to consider such declaration. In all cases, the declaration of the state of emergency must be approved by a ma jority of the members of the House of Representatives. The state of emer gency shall be declared for a specified period not exceeding three months, which may only be extended for another similar period after obtaining the approval of two-thirds of the House members. In case the House of Repre sentatives have not been elected, the matter shall be referred to the Cabinet for approval provided, however, that it is presented to the new House of Representatives at its first session. The House of Representatives may not be dissolved while the state of emergency is in force. [MZ]: Article (159) Accusing the President of the Republic of violating the provisions of the Constitution, treason or any other felony must be based on a motion signed by at least the majority of the members of the House of Representatives. The indictment shall only be issued by the majority of two-thirds of the members of the House of Representatives and after carrying an investiga tion by the Prosecutor General. In case the Prosecutor General is prevented from same, he shall be replaced by one of his assistants. As soon as this in dictment is issued, the President of the Republic shall be stopped from car rying out his duties; this is considered as a temporary impediment preclud ing the President from performing his competences until a verdict is issued 179 in the case. The President of the Republic shall be tried before a special court headed by the President of the Supreme Judicial Council with the membership of the most senior deputy of the President of the Supreme Constitutional Court, the most senior deputy of the President of the State Council, and the two most senior Presidents of the Courts of Appeal; prose cution is to be carried out before such court by the Prosecutor General. In case one of the aforementioned persons is prevented from serving, he shall be replaced by the person following him in seniority. The court verdicts shall be final and not subject to appeal. The Law shall regulate the investi gation and trial procedures. In case of conviction, the President of the Re public shall be relieved of his post without prejudice to any other penalties. [MZ]: Article (161) The House of Representatives may propose to withdraw confidence from the President of the Republic and hold early presidential elections upon fil ing a reasoned motion to be signed by at least the majority of the members of the House of Representatives and upon approval of two-thirds of its members. The motion may only be filed once for the same reason within the presidential term. Upon approval of the proposal to withdraw confidence, the matter of with drawing confidence from the President of the Republic and holding early presidential elections shall be put to public referendum to be called by the Prime Minister. If the majority approves the decision to withdraw confi dence, the President of the Republic shall be relieved from his office, the of fice of the President of the Republic shall be deemed vacant, and early presidential elections shall be held within sixty (60) days as of the date of announcing the results of referendum. If the result of the referendum is in the negative, the House of Representatives shall be deemed dissolved, and the President of the Republic shall call for election of a new House of Rep resentatives within thirty (30) days as of the date of dissolution. 180 Branch II The Government Branch III The Local Administration [MZ]: Article (175) The State shall be divided into administrative units that enjoy legal person ality. Such units shall include governorates, cities and villages. Other ad ministrative units that have the legal personality may be established, if pub lic interest so requires. When establishing or abolishing local units or amending their boundaries, the economic and social conditions shall be taken into account. All the foregoing shall be regulated by Law. [MZ]: Article (176) The state shall ensure administrative, financial, and economic decentraliza tion. The law shall regulate the methods of empowering administrative units to provide, improve, and well manage public facilities, and shall de fine the timeline for transferring powers and budgets to the local admini stration units. [MZ]: Article (180) Every local unit shall elect a local council by direct and secret ballot for a term of four years. A candidate shall be at lease twenty one (21) Gregorian years of age. The law shall regulate the other conditions for candidacy and procedures of election, provided that one quarter of the seats shall be allo cated to youth under thirty five (35) years of age and one quarter shall be allocated for women, and that workers and farmers shall be represented by no less than 50 percent of the total number of seats, and these percentages shall include an appropriate representation of Christians and people with disability. Local councils shall be competent to follow up with the imple mentation of the development plan, monitoring the different activities, and exercising oversight over the executive authorities. The local councils shall use tools, such as, providing proposals, submitting questions, briefing mo tions, interrogations, and others to withdraw confidence from the heads of 181 local units, as regulated by Law. The law shall define the competences of other local councils, their financial sources, guarantees of their members, and the independence of such councils. [MZ]: Article (181) Local councils' resolutions that are issued within their respective mandates shall be final. They shall not be subject to the interference by the executive authority, except to prevent the council from overstepping its jurisdiction, or causing damage to the public interest or the interest of other local coun cils. Any dispute pertaining to the jurisdiction of these local councils in vil lages centres or towns shall be settled by the governorate-level local coun cil. Disputes regarding the jurisdiction of governorate-level local councils shall be resolved, as a matter of urgency, by the General Assembly of the Legal Opinion and Legislation Departments of the State Council. The fore going shall be regulated by Law. Chapter Three The Judiciary Branch I General Provisions [MZ]: Article (185) Each judicial body or organization shall manage its own affairs, and shall have an independent budget, the components of which shall be fully exam ined by the House of Representatives. Upon its approval, this budget shall be included in the State budget under one budget line. Each judicial body or organization shall be consulted with regards to the bills regulating its af fairs. [MZ]: Article (186) Judges are independent and immune to dismissal, are subject to no other authority but the law, and are equal in rights and duties. The conditions and procedures for their appointment, secondment and retirement shall be regulated by the law. The law shall further regulate their disciplinary ac countability. They may not be fully or partly seconded except to the agen 182 cies determined by the law and to perform the tasks set forth therein. All the foregoing shall be in the manner that maintains the independence and impartiality of the judiciary and judges, and shall prevent conflicts of inter est. The rights, duties and guarantees granted to them shall be specified by Law. Branch II The Judiciary & The Prosecution [ MZ]: Article (188) The judiciary shall decide on all disputes and crimes, except those falling within the jurisdiction of other judicial bodies. It shall solely have the juris diction to settle disputes relating to its own members. The affairs of the ju diciary shall be managed by a Supreme Council, the structure and jurisdic tion of which shall be regulated by Law. [MZ]: Article (189) The Public Prosecution is an integral part of the judiciary. It shall carry out the investigation and prosecution of criminal cases, except those excepted by the law. The law shall determine its other jurisdictions. The Prosecutor General shall be in charge of the Public Prosecution. He shall be chosen by the Supreme Council of the Judiciary from among those ranked as Vice presidents of the Court of Cassation, or from those ranked as Presidents of the Courts of Appeal or from the Assistants to the Prosecutor General. He shall be appointed by virtue of a Presidential Decree for four years or for the remaining years until he reaches the age of retirement whichever is ear lier, and this appointment shall be only once during his term of service. Branch III The State Council [MZ]: Article (190) The State Council is an autonomous judicial body, and it shall have the ex clusive jurisdiction to settle administrative disputes and disputes relevant to the execution of all its rulings. It shall have jurisdiction over disciplinary suits and appeals, and the exclusive jurisdiction to provide advice regard 183 ing legal issues to the administrative bodies determined by the law. It shall also review and draft bills and decrees of legislative nature, and shall re view draft contracts to which the state or any other public authority is a party. The law shall determine its otherjurisdictions. Chapter Four The Supreme Constitutional Court [MZ]: Article (191) The Supreme Constitutional Court is an autonomous and independent ju dicial body having its headquarters in Cairo. However, in cases of emer gency it may, upon the approval of its General Assembly, hold its sessions elsewhere in Egypt. It shall have an independent budget, which shall be fully examined by the House of Representatives. Upon its approval, this budget shall be included in the State budget under one budget line. The General Assembly of the court shall manage its affairs and it shall be con sulted regarding bills relevant to its affairs. [MZ]: Article (192) The Supreme Constitutional Court shall be solely com petent to decide on the constitutionality of laws and regulations, to inter pret legislative provisions, and to adjudicate on disputes pertaining to the affairs of its members, on jurisdictional disputes between judicial bodies and entities that have judicial jurisdiction, on disputes pertaining to the im plementation of two final contradictory judgments, one of which is ren dered by a judicial body or an authority with judicial jurisdiction and the other is rendered by another , and on disputes pertaining to the execution of its judgments and decisions. The law shall determine the Court's other competences and regulate the procedures that are to be followed before the Court. [MZ]: Article (193) The Court shall be composed of a President and a sufficient number of deputies to the President. The Commissioners of the Supreme Constitu tional Court shall have a President and a sufficient number of Commission presidents, advisors and assistant advisors. The General Assembly of the 184 Court shall elect its President from among the most senior three vice presidents of the Court. It shall further choose the vice-presidents and the members of its Commissioners, and the appointment thereof shall be made by virtue of a decree by the President of the Republic. The foregoing shall be regulated by Law. Chapter Five Judicial Organizations [MZ]: Article (197) The Administrative Prosecution is an independent judi cial organization. It undertakes investigations into financial and administra tive violations, and also those referred to it. Regarding these violations, the Administrative Prosecution shall have the authorities of the administrative body to impose disciplinary penalties. Challenges against the decision of the Prosecution shall be filed before the competent disciplinary court at the State Council. It shall further initiate actions, appeals, and disciplinary pro ceedings before the State Council courts. All the foregoing shall be regu lated by Law. Other competences of the Administrative Prosecution shall be defined by law. All guarantees, rights and duties assigned to other members of the Ju diciary shall apply to its members. Their disciplinary accountability shall be regulated by the law. Chapter Six The Legal Profession [MZ]: Article (198) The legal profession is a free profession which participates with the Judicial Authority in the establishment of justice and the rule of law, and ensures the right to defence. It shall be practiced by independent attorneys, and at torneys of public authorities, public sector companies and public enterprise sector companies. All attorneys shall have, while performing their duties to uphold the right to defence before the courts, the guarantees and protection granted to them by the law. Such rights shall also be granted to them before investigation and inquiry authorities. Except in cases of flagrante delicto, the 185 arrest or detention of attorneys while exercising their right to defence shall be prohibited. The foregoing shall be determined by the law. Chapter Seven Experts Chapter Eight The Armed Forces & The Police Branch I The Armed Forces [MZ]: Article (200) The Armed Forces belong to the People, and their duty is to protect the country, and preserve its security and the integrity of its territories. Only the State shall be entitled to establish the Armed Forces. No individual, or ganization, entity, or group shall be allowed to create military or quasi military squadrons, groups or organizations. The Armed Forces shall have a supreme council, as regulated by Law. [MZ]: Article (201) The Minister of Defence is the Commander in Chief of the Armed Forces, and shall be appointed from among its officers. [MZ]: Article (202) The Law regulates the military mass mobilization, and determines the con ditions of the military service, promotion and retirement in the Armed Forces. The judicial committees for officers and personnel of the Armed Forces shall be solely competent to adjudicate on all administrative disputes pertaining to decisions affecting them. The Law regulates the rules and pro cedures for challenging the decisions made by these committees. Branch II National Defence Council [MZ]: Article (203) National Defence Council shall be chaired by the President of the Republic and comprise the membership of the Prime Minister, the Speaker of the House of Representatives, the Minister of Defence, the Minister of Foreign 186 Affairs, the Minister of Finance and the Minister of Interior, the Chief of the General Intelligence Service, the Chief of Staff of the Armed Forces as well as the Commanders of the Navy, the Air Forces and Air Defence, the Chief of Operations of the Armed Forces, and the Head of Military Intelligence. The Council shall be competent to examine the matters pertaining to pre serving the security and integrity of the country, and to discuss the budget of the Armed Forces, which shall be included in the State budget under one budget line. The opinion of the Council shall be obtained on the bills con cerning the Armed Forces. Other competences of the Council shall be speci fied by Law. Upon discussing the budget, the Head of the Financial Affairs Department of the Armed Forces and the heads of the Planning and Budg eting Committee and the National Security Committee at the House of Rep resentatives shall join the Council.The President of the Republic may invite any person having relevant expertise to attend the Council's meetings without having the right to vote. Branch III Military Courts [MZ]: Article (204) The Military Court is an independent judicial body exclusively competent to adjudicate on all crimes pertaining to the Armed Forces, the officers and personnel thereof, and their equivalents, and on the crimes committed by the personnel of the General Intelligence while and by reason of performing their duties. No civilian shall face trial before the Military Court, except for crimes that constitute a direct assault against military facilities or camps of the Armed Forces, or their equivalents, against military zones or border zones determined as military zones, against the Armed Forces' equipment, vehicles, weapons, ammunition, documents, military secrets, or its public funds, or against military factories; crimes pertaining to military service; or crimes that constitute a direct assault against the officers or personnel of the Armed Forces by reason of performing their duties. The law shall define such crimes, and specify the other competences of the Military Court. 187 Members of the Military Court shall be independent and shall be immune to dismissal. They shall have all the guarantees, rights and duties stipulated for the members of other judicial bodies. Branch IV National Security Council [MZ]: Article (205) The National Security Council shall be chaired by the President of the Re public, and comprise the membership of the Prime Minister, the Speaker of the House of Representatives, the Minister of Defence, the Minister of Inte rior, the Minister of Foreign Affairs, the Minister of Finance, the Minister of Justice, the Minister of Health, the Minister of Communication and the Min ister of Education, the Chief of the General Intelligence Service, and the Head of the Committee of Defence and National Security at the House of Representatives. The Council shall be responsible for adopting strategies for establishing the security of the country and facing disasters and crises of all kinds, shall take the necessary measures to contain them, to identify sources of threat to the Egyptian national security, inside the country or abroad, and to undertake the necessary actions to address them at both official and popular levels. The Council may invite any person having relevant expertise to attend its meetings without having the right to vote. The law shall determine the other competences of the Council and its regulations. Branch V The Police [MZ]: Article (206) The police force is a statutory civil body that is dedicated to the service of the People and its loyalty shall be to the People. It shall ensure safety and security of the citizens, preserve public order and morality. It shall comply with the duties set out in the Constitution and the law, and shall respect human rights and fundamental freedoms. The State shall guarantee that the staffs of the Police force perform their duties, and the relevant guarantees 188 shall be regulated by Law. [MZ]: Article (207) A supreme police council shall be formed from among the most senior offi cers of the police force and the Head of the Legal Opinion Department at the State Council. The Council shall be competent to assist the Minister of Interior in the organization of the Police force and management of the af fairs of its staff members. The other competences of the Council shall be de termined by Law. The Council shall be consulted in connection with any laws pertaining to the police force. Chapter Nine National Elections Commission [MZ]: Article (208) The National Elections Commission is an independent authority and shall be solely competent to administer referenda and elections of the president, the parliament and the local councils. Such administration shall include the development and updating of a database for voters, proposing the division of constituencies, determination of controls for promotion and funding of electoral campaigns, as well as electoral expenditure, the disclosure of such expenditure, the supervision of such controls, the facilitation of the proce dures for out-of-country voting by expatriate Egyptians, and other proce dures till the announcements of the results. The foregoing shall be regu lated by law. [MZ]: Article (209) The National Elections Commission shall be administered by a board com posed of 10 members to be equally assigned on full time basis from among those ranked as Vice-presidents of the Court of Cassation, those ranked as Presidents of the Courts of Appeal, Vice-presidents of the State Council, the State Lawsuits Organization and the Administrative Prosecution. They shall be selected by the Supreme Judicial Council and special councils of the aforementioned judicial bodies and organizations, as the case may be, pro vided that they are not members thereof. They shall be appointed by virtue 189 of a decree by the President of the Republic. They shall be assigned to work on a full time basis at the Commission for one term of six years. The Com mission shall be chaired by the most senior judge at the Court of Cassation. Half of the members of the Council shall be replaced every three years. The Commission may seek the assistance of independent public figures, special ists, and those deemed to have relevant expertise in the field of elections. They shall not have the right to vote. The Commission shall have a perma nent executive body. The law shall determine the composition and constitu tion of such executive body, and the rights, duties and guarantees of its members in a way that achieves their neutrality, independence and integ rity-_____________________________________________________________ [MZ]: Article (210) Voting and counting of votes in referenda and elections shall be adminis tered by members of the Commission under the overall supervision of its Board. It may seek the help of members of judicial organizations. The vot ing and counting of votes in elections and referenda which take place dur ing the 10 years following the effective date of this Constitution shall be to tally overseen by members of judicial bodies and organizations according to the Law. The High Administrative Court shall be competent to adjudicate on chal lenges filed against the Commission's decisions pertaining to referenda, presidential and parliamentary elections, and the results thereof. Chal lenges against elections of local councils shall be filed before the Adminis trative Courts. Dates to file challenges against these decisions shall be speci fied by law, provided that challenges shall be finally decided within ten days from the date of recording the challenge. Chapter Ten Supreme Council for the Regulation of Media [MZ]: Article (211) The Supreme Council for the Regulation of Media is an independent entity that has a legal personality, and enjoys technical, financial and administra 190 tive independence, and has an independent budget. The Council shall be competent to regulate the affairs of audio and visual media and regulate the printed and digital press, and other media means. The Council shall bear the responsibility for guaranteeing and protecting the freedom of press and media as stipulated in the Constitution, safeguarding its independence, neutrality, plurality and diversity, preventing monopolistic practices, moni toring the legality of the sources of funding of press and media institutions and developing the controls and criteria necessary to ensure compliance by the press and media outlets with the professional and ethical standards, and national security needs as stated in the Law. The law shall determine the composition and regulations of the Council, and the employment condi tions for its staff. The Council shall be consulted with respect to the bills and regulations related to its scope of competence. Chapter Eleven National Councils, Autonomous Organizations & Control Agencies Branch I National Councils [MZ]: Article (214) The law shall specify the independent national councils, including the Na tional Council for Human Rights, the National Council for Women, the Na tional Council for Childhood and Motherhood, and the National Council for Disabled Persons. The law shall state the composition, mandates, and guarantees for the independence and neutrality of their respective mem bers. Each council shall have the right to report to the competent authorities any violations pertaining to their fields of work. These councils shall have legal personalities and shall be technically, financially, and administratively independent. They shall be consulted with respect to the bills and regula tions pertaining to their affairs and fields of work. 191 Branch II Autonomous Organizations and Control Agencies [MZ]: Article (215) Autonomous Organizations and control agencies shall be specified by Law. These organizations and agencies shall have legal personality, and shall be technically, financially and administratively independent. They shall be consulted with respect to the bills and regulations that relate to their fields of work. These bodies and agencies shall include the Central Bank, the Egyptian Financial Supervisory Authority (EFSA), the Central Auditing Organization (CAO), and the Administrative Control Authority. [MZ]: Article (216) The formation of each individual autonomous organization or regulatory agency shall be enacted by a law defining its competences and regulations, and stipulating guarantees for its independence, the necessary protection for its members, and their employment conditions in a way that ensures their neutrality and independence. The President of the Republic shall ap point the heads of such organizations and regulatory agencies, upon the approval of the House of Representatives by a majority of its members, for a one-time renewable term of four years. They shall not be dismissed, ex cept in the cases stated in the law. The same prohibitions applicable to the Ministers shall apply to these heads. [MZ]: Article (217) Autonomous organizations and control agencies shall submit annual re ports to the President of the Republic, the House of Representatives and the Prime Minister, immediately after their issuance. The House of Representa tives shall examine such reports and take the appropriate action within a period not exceeding four months from the date of receipt. The reports shall be made available to the public. Autonomous organizations and control agencies shall notify the competent investigation authorities of any evi dence discovered in relation to violations or crimes. They shall take the nec essary measures with regards to these reports within a specified period of 192 time. The foregoing shall be regulated by Law. [MZ]: Article (218) The State shall fight corruption, and the competent control agencies and or ganizations shall be identified by Law. Competent control agencies and or ganizations shall coordinate their activities in combating corruption, en hancing the values of integrity and transparency in order to ensure the sound performance of public functions and preserve public funds, and shall develop and follow up execution of a national strategy to combat corrup tion in collaboration with other competent agencies and organizations, as regulated by Law. [MZ]: Article (219) The Central Auditing Organization shall be responsible for monitoring the funds of the State, the funds of the State public and independent legal per sons and other authorities as specified by Law, as well as being responsible for monitoring the implementation of the State budget and independent budgets and for auditing its final accounts. [MZ]: Article (220) The Central Bank shall be responsible for developing and overseeing the implementation of monetary, credit, and banking polices, and for monitor ing the performance of banks. It is solely entitled to issue banknotes. It shall maintain the integrity of the monetary and banking system, and the stabil ity of prices within the framework of the State general economic policy, as regulated by Law. [MZ]: Article (221) The Egyptian Financial Supervisory Authority (EFSA) shall be responsible for monitoring and supervising financial non-banking markets and instru ments including capital markets, futures exchanges, insurance activities, mortgage finance, financial leasing, and factoring and securitization, as regulated by Law. 193 Part VI General & Transitional Provisions Chapter One General Provisions [MZ]: Article (223) The national flag of the Arab Republic of Egypt consists of three colours; black, white, and red with an eagle taken from the "Eagle of Salah El Din" in golden yellow. The emblem, decorations, insignia, seal and the national anthem shall be determined by Law. Desecration of the Egyptian flag shall be a crime punishable under the law. [MZ]: Article (224) All the provisions stipulated by laws and regulations prior to the promul gation of this Constitution shall remain in force, and they may neither be amended nor repealed except in accordance with the regulations and pro cedures prescribed herein. The state shall be obliged to issue laws executing the provisions of this Constitution. [MZ]: Article (227) The Constitution and its preamble and all its provisions constitute an inte gral text and an indivisible whole, and its provisions constitute one coher ent unit. [International IDEAS]: 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. Chapter Two Transitional Provisions [MZ]: Article (234) The Minister of Defence shall be appointed upon the approval of the Su preme Council of the Armed Forces. The provisions of this article shall re main in force for two full presidential terms starting from the date on which this Constitution comes into effect. 194 [MZ]: Article (235) In its first legislative term following the effective date of this Constitution, the House of Representatives shall issue a law to regulate constructing and renovating churches, in a manner that guarantees the freedom to practice religious rituals for Christians. [MZ]: Article (236) The State shall guarantee setting and implementing a plan for the compre hensive economic and urban development of border and underprivileged areas, including Upper Egypt, Sinai, Matruh, and Nubia. This shall be made with the participation of the residents of these areas in the development projects, and they shall be given a priority in benefiting therefrom, taking into account the cultural and environmental patterns of the local commu nity, within ten years from the date that this Constitution comes into effect, as regulated by Law. The State shall work on setting and implementing projects to bring back the residents of Nubia to their original territories and develop such territories within 10 years, as regulated by law. [International IDEAS]: Article (236): Economic and urban development of border and underprivileged areas The state shall develop and implement a plan for the comprehensive eco nomic and urban development of border and underprivileged areas, in cluding 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. [MZ]: Article (237) The State shall fight all types and forms of terrorism, and track its funding 195 sources as a threat to the nation and its citizens, within a specific timeframe while guaranteeing basic rights and freedoms. The law shall regulate the provisions and procedures of fighting terrorism, and fair compensation for the damages resulting therefrom and because thereof. [MZ]: Article (239) The House of Representatives shall issue a law organizing the rules for as signing judges and members of judicial bodies and organizations, ensuring the cancellation of full and partial assignment to non-judicial bodies or committees with judicial jurisdiction, 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. [MZ]: Article (241) In its first legislative term after the enforcement of this Constitution, the House of Representatives shall issue a law on transitional justice that en sures revealing the truth, accountability, proposing frameworks for national reconciliation, and compensating victims, in accordance with international standards. [MZ]: Article (243) The State shall endeavour that workers and farmers be appropriately repre sented in the first House of Representatives to be elected after this Constitu tion is approved, as regulated by law. [MZ]: Article (244) The State shall endeavour that youth, Christians, persons with disability and Egyptians living abroad be appropriately represented in the first House of Representatives to be elected after this Constitution is approved, as regu lated by law. 196

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Abstract

After President Hosni Mubarak was toppled in 2011, discussions followed immediately regarding the revision of the Egyptian Constitution. Islamist political groups insisted that Parliamentary and Presidential elections should precede the formation of a new Constitution, aiming to use their momentum to gain the upper hand in the Constitutional Assembly. Non-Islamists believed that representatives from all layers of society must first formulate a new Constitution before elections should be held. Out of this struggle emerged the 2012 Constitution, a document deeply influenced by Islamist political ideas and goals. Dissatisfied with the proceedings, the non-Islamists walked out of the Constitutional Assembly before the Constitution was finalized. In attempts to reconcile the alienated non-Islamist factions, and heal a divided Egyptian society, the Egyptian Constitution of 2014 was created. All efforts were made to avoid a similar walk-out from Islamist factions. Various political actors were interviewed during, and shortly after the 2014 constitutional formation process. This book is essential reading for anyone wishing to understand the discussions and debates surrounding the formation of the 2014 Constitution. This book follows and complements the previous books in the series on recent religious and political developments in Egypt, in particular Vol. 3 The Sharia as the Main Source of Legislation? (2012), Vol. 8 Rise and Fall of the Muslim Brotherhood 2011-2013 (2016), Vol. 9 From Ruling to Opposition 2011-2013 (2017).