Egypt Constitution Part Five System of Government
CHAPTER ONE The Head of State
Article 73 : The Head of State is the President of the Republic. He shall assert the sovereignty of the people, respect the Constitution and the supremacy of the law, safeguard the national unity and the socialist gains, and maintain the boundaries between authorities in a manner to ensure that each shall perform its role in the national action.
Article 74: If any danger threatens the national unity or the safety of the motherland or obstructs the constitutional role of the State institutions, the President of the Republic shall take urgent measures to face this danger, direct a statement to the people and conduct a referendum on these measures within sixty days of its adoption.
Article 75 : The person to be elected President of the Republic must be an Egyptian born to Egyptian parents and enjoy civil and political rights. His age must not be less than 40 Gregorian years.
Article 76: The People′s Assembly shall nominate the President of the Republic. The nomination shall be referred to the people for a plebiscite. The nomination to the post of President of the Republic shall be made in the People′s Assembly upon the proposal of at least one third of its member. The candidate who wins two-thirds of the votes of the Assembly members shall be referred to the people for a plebiscite. If none of the candidates obtains the said majority the nomination process shall be repeated two days after the first vote. The candidate winning the votes with an absolute majority of the Assembly members shall be referred to the citizens for a plebiscite. The candidate shall be considered President of the Republic when he obtains an absolute majority of the votes cast in the plebiscite. If the candidate does not obtain this majority, the Assembly shall nominate another candidate and the same procedure shall be followed.
Article 77 : The term of the Presidency is six Gregorian years starting from the date of the announcement of the result of the plebiscite. The President of the Republic may be re-elected for other successive terms.
Article 78 : Procedures for the choice of a new President of the Republic shall begin sixty days before the expiration of the term of the President in office. The new President shall be selected at least one week before the expiration of the term. Should this term expire without the choice of the new President being made for any reason whatsoever, the former President shall continue to exercise his functions until his successor is elected.
Article 79 :Before exercising his powers, the President shall take the following oath before the People′s Assembly. "I swear by Almighty God to uphold the Republican system with loyality, to respect the Constitution and the law, to look after the interests of the people fully and to safeguard the independence and territorial integrity of the motherland".
Article 80 : The salary of the President of the Republic shall be fixed by law. Any amandment in the salary shall not come into force during the Presidential term in which it is decided upon. The President of the Republic may not receive any other salary or remuneration.
Article 81 : During his term the President of the Republic may not exercise any free profession or undertake any commercial, financial or industrial activity. Nor may he acquire or take on lease any State property, sell to or exchange with the State any property of his whatsoever.
Article 82 : If on account of any temporary obstacle the President of the Republic is unable to carry out his functions, he shall delegate his powers to a vice-president.
Article 83 : In case of resignation, the President shall address the letter of resignation to the People′s Assembly.
Article 84 : In case of the vacancy of the Presidential Office or the permanent disability of the President of the Republic, the President of the People′s Assembly shall temporarily assume the Presidency; and, if at that time, the People′s Assembly is dissolved, the President of the Supreme Constitutional Court shall take over the Presidency, however, on condition that neither one shall nominate himself for the Presidency. The People′s Assembly shall then proclaim the vacancy of the office of President. The President of the Republic shall be chosen within a maximum period of sixty days from the day of the vacancy of the Presidential Office.
Article 85 : Any charge against the President of high treason or of committing a criminal act shall be made upon a proposal by at least one-third of the members of the People′s Assembly. No impeachment shall be issued except upon the approval of a majority of two-thirds of the Assembly members. The President shall be suspended from the exercise of his duty as from the issuance of the impeachment. The Vice-President shall take over the Presidency temporarily until the decision concerning the impeachment is taken. The President of the Republic shall be tried by a special tribunal set up by law. The law shall also organise the trial procedures and define the penalty. If he is found guilty, he shall be relieved of his post, without prejudice to other penalties.
CHAPTER III The Executive SECTION I The President of the Republic
Article 137 : The President of the Republic shall assume executive power and shall exercise it in the manner stipulated in the Constitution.
Article 138 : The President of the Republic in conjunction with the government, shall lay down the general policy of the State and supervise its implementation in the manner prescribed in the Constitution.
Article 139 : The President of the Republic may appoint one or more vice-presidents, define their jurisdiction and relieve them of their posts. The rules relating to the calling into account of the President of the Republic shall be applicable to the Vice-Presidents.
Article 141 : The President of the Republic shall appoint the Prime Minister, his deputies, the Ministers and their deputies and relieve them of the posts.
Article 142 : The President of the Republic shall have the right to call a meeting of the Council of Ministers and to attend its meeting. He shall also preside over the meetings he attends. He shall be entitled to demand reports from the Ministers.
Article 143 : The President of the Republic shall appoint the civil and military officials, and the diplomatic representatives, and dismiss them in the manner prescribed by the law. He shall also accredit the diplomatic representatives of foreign states.
Article 144 : The President of the Republic shall issue the necessary regulations for the implementation of the laws, in the manner that would not modify, obstruct or exempt them from execution. He shall have the right to vest others with authority to issue them. The law may determine whoever issues the decisions requisite or its implementation.
Article 145 : The President of the Republic shall issue the control regulations.
Article 146 The President of Republic shall issue the decisions necessary for organising the public services and interests.
Article 147 : In case it becomes necessary, during the recess between the sessions of the People′s Assembly, to take measures which cannot suffer delay, the President of the Republic shall issue decisions in their respect, which shall have the force of law. Such decisions must be submitted to the People′s Assembly within fifteen days from their date of issuance if the Assembly is standing. In case of dissolution or recess of the Assembly, they shall be submitted at its first meeting. In case they are not submitted, their force of law disappears with retroactive effect, without need for issuing a decision to this effect. If they are submitted and are not ratified, their force of law disappears with retroactive effect, unless the Assembly ratifies their validity in the previous period or settling their effects in another way.
Article 148 : The President of the Republic shall proclaim a state of emergency in the manner prescribed by the law. Such proclamation must be submitted to the People′s Assembly within the subsequent fifteen days in order that the Assembly may take a decision thereon. In case the People′s Assembly is dissolved, the matter shall be submitted to the new Assembly at its first meeting. In all cases, the proclamation of the state of emergency shall be for a limited period, which may not be extended unless by approval of the Assembly.
Article 149 : The President of Republic shall have the right of granting amnesty or commute a sentence. As for general amnesty, it can only be granted by virtue of a law.
Article 150 : The President of Republic shall be the Supreme Commander of the Armed Forces. He shall be the authority who declares war, after the approval of the People′s Assembly.
Article 151 : The President of Republic shall conclude treaties and communicate them to the People′s Assembly, accompanied with a suitable clarification. They shall have the force of law after their conclusion, ratification and publication according to the established procedure. However, peace treaties, alliance pacts, commercial and maritime and all the treaties involving modifications in the territory of the State, or having connection with the rights of sovereignty, or which lay upon the Treasury of the State certain charges not provided for in the budget, must acquire the approval of the People′s Assembly.
Article 152: The President of the Republic may call a referendum of the people on important matters affecting the supreme interests of the country.
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Article 81- During his term of office the President of the Republic may not exercise any free profession or undertake any commercial, financial or industrial activity. Nor may he acquire or take or lease any state property, sell to or exchange with the State any property of his whatsoever.
Article 82 - In case the President of the Republic , due to any temporary obstacle, is unable to carry out his functions, he shall delegate his powers to a Vice-President.
Article 83 - In case of resignation, the President of the Republic shall address his letter of resignation to the People’s Assembly.
Article 84 - In case of the vacancy of the Presidential office or the permanent disability of the President of the Republic, the Speaker of the People’s Assembly shall temporarily assume the Presidency. In case the People’s Assembly is dissolved at such a time the President of the Supreme Constitutional Court shall take over the Presidency on condition that neither one shall nominate himself for the Presidency. The People’s Assembly shall then proclaim the vacancy of the office of President . The President of the Republic shall be chosen within a maximum period of sixty days form the date of the vacancy of the Presidential office.
Article 85 - Any charge against the President of high treason or of committing a criminal act shall be made upon a proposal by at least one third of the members of the People’s Assembly . No impeachment shall be issued except upon the approval of a majority of two-thirds of the Assembly members.
The President of the Republic shall be suspended form the exercise of his duties as from the issuance of the impeachment . The Vice-President shall take over the Presidency temporarily until the decision concerning the impeachment is taken. The President of the Republic shall be tried by a special Tribunal set up by law. The law shall also organize the trial procedures and define the penalty. In case he is found guilty, he shall be relieved of his post without prejudice to other penalties.
Article 136- The President of the Republic shall not dissolve the People′s Assembly unless it is necessary and after a referendum of the people.
The President of the Republic shall issue a decision terminating the sessions of the Assembly and conducting a referendum within thirty days.
If the total majority of the voters approve the dissolution of the Assembly, the President of the Republic shall issue the decision of dissolution.
The decision dissolving the Assembly shall comprise an invitation to the electors to conduct new elections for the People′s Assembly within a period not exceeding sixty days from the date of the declaration of the referendum results.
The new Assembly shall convene during a period of ten days following the completion of elections. |