Adopted on September
11, 1971 through a public referendum. It was later amended in 1980,
2005 and 2007.
one: The State
Three: Public Freedoms, Rights and Duties
Four: Sovereignty of the Law
One: The Head of the State
Two: The People's Assembly
Three: The Executive Authority
Four: The Judiciary Authority
Five: The Supreme Constitutional Court
Six: The Socialist Public Prosecutor
Seven: The Armed Forces and The National Defence Council
Eight: The Police
Six: General and Transitional Provisions
the people of Egypt, who have been toiling on this glorious land
since the dawn of history and civilization, we the people working in
Egypt’s villages, fields, cities, factories, centers of education
and industry in any field of work which contributes to the creation
of life on its soil or plays a part in the honour of defending this
the people who believe in its spiritual and immortal heritage and who
are confident in our profound faith and cherish the honour of man and
of humanity at large,
the people who in addition to preserving the legacy of history, bear
the responsibility of great present and future objectives whose seeds
are embedded in the long and arduous struggle, with which the banners
of liberty, socialism and unity have been hoisted along the great
march of the Arab Nation,
the Egyptian people, in the name of God and with His assistance
pledge to indefinitely and unconditionally exert every effort to
to our world Being determined that peace can only be based
on justice and that political and social progress of all peoples can
only be realized through the freedom and independent will of these
peoples, and that any civilization is not worthy of its name unless
it is free from exploitation whatever its form.
hope of our Arab Nation being certain that Arab Unity is a call of
history and future and an inevitable destiny which can only
materialize through an Arab Nation capable of warding off any threat
whatever may be the source or the pretexts justifying it.
Constant Development Of Life In Our Nation Being convinced
that the true challenge confronting nations is the realization of
progress and that such progress does not occur automatically or
through slogans alone, but that the driving force behind it is the
release of all potentials of creativity and originality in our
people, who have asserted at all times their contribution to
civilization and humanity through work alone.
people have passed through successive experiences, meantime offering
rich experiences on both the national and international levels, by
which they have been guided. These experiences finally took shape in
the basic documentations of the July, 23rd Revolution led by the
alliance of the working forces of our struggling people . This people
have been able, through deep awareness and refined sensibility, to
retain the genuine core of this revolution and to continuously
rectify its path and to realize through it full integration between
science and faith, political and social freedom, national
independence and affiliation on the one hand and the worldwide
struggle of humanity for political economic, cultural and
intellectual freedom and the fight against all forces and remnants of
regression domination and exploitation on the other hand.
For The Humanity Of The Egyptian Man Having realized that
man’s humanity and dignity are the torches that guide and direct
the course of the enormous development of mankind towards its supreme
dignity of every individual is natural reflection of the dignity of
his nation, for each individual is a cornerstone in the edifice of
the homeland . This homeland derives its strength and prestige from
the value of each individual, his activity and dignity .
sovereignty of law is not only a guarantee for the freedom of the
individual but is also the sole basis for the legality of authority.
alliance of the popular working forces is not a means for social
conflict towards historical development, it is , in this modern age,
with its climate and ways , a safety valve protecting the unity of
the working powers of the nation and eliminating contradictions
within these forces through democratic interaction .
the working masses of the people of Egypt - out of determination,
confidence and faith in all our national and international
responsibilities, and in acknowledgment of God’s right and His
messages, and in recognition of the right of our nation as well as of
the principle and responsibility of mankind, and in the name of God
and with His assistance - declare on the Eleventh of September 1971
that we accept and grant ourselves this Constitution, asserting our
firm determination to defend and protect it, assuring our respect for
one: The State
The Arab Republic of Egypt is a Socialist Democratic State based on
the alliance of the working forces of the people. The Egyptian people
are part of the Arab Nation and work for the realization of its
Islam is the Religion of the State. Arabic is its official language,
and the Islamic Jurisprudence (Sharia) ia a principal source of
Sovereignty is for the people alone who will practise and protect
this sovereignty and safeguard national unity in the manner specified
by the Constitution
The economic foundation of the Arab Republic of Egypt is the
socialist democratic system based on sufficiency and justice, in a
manner preventing exploitation, narrowing the gap between incomes,
protecting legitimate earnings and guaranteeing justice in the
distribution of public responsibilities and expenditures .
The political regime of the Arab Republic of Egypt is based upon the
multi-party system within the framework of the basic principles and
components of the Egyptian society stipulated by the Constitution .
Political parties shall be organized by law
Egyptian Nationality is defined by law.
One: Social and Moral Constituents
Social solidarity is the basis of society .
The State shall guarantee equality of opportunity to all Egyptians.
The family is the basis of the society founded on religion, morality
and patriotism. The State is keen to preserve the genuine character
of the Egyptian family- with all values and traditions represented by
it- while affirming and promoting this character in the interplay of
relations within the Egyptian society.
The State shall guarantee coordination between woman's duties towards
her family and her work in the society, considering her equal to man
in the political, social, cultural and economic spheres without
detriment to the rules of Islamic jurisprudence (Sharia).
Society shall be committed to safeguarding and protecting morals,
promoting the genuine Egyptian traditions and abiding by the high
standards of religious education, moral and national values, the
historical heritage of the people, scientific facts, socialist
conduct and public manners within the limits of the law. The State is
committed to abiding by these principles and promoting them.
Work is a right, a duty and an honour ensured by the State.
Distinguished workers shall be worthy of the appreciation of the
State and the society. No work shall be imposed on citizens, except
by virtue of the law, for the performance of a public service and in
return for a fair remuneration.
Citizens are entitled to public offices, which are assigned to those
who shall occupy them in the service of people. The State guarantees
the protection of public officers in the performance of their duties
in safeguarding the interests of the people. They may not be
dismissed by other than the disciplinary way except in the cases
specified by the law.
War veterans and those injured during wars or because of them ,
martyrs’ wives and children shall have priority in work
opportunities according to the law.
The State shall guarantee cultural, social and health services and
shall work to ensure them particularly for villagers in an easy and
regular manner in order to raise their standard .
The State shall guarantee social and health insurance services. All
citizens shall have the right to pensions in cases of incapacity,
unemployment, and old-age in accordance with the law.
Education is a right guaranteed by the State. It is obligatory in the
primary stage. The State shall work to extend obligation to other
stages. The State shall supervise all branches of education and
guarantee the independence of universities and scientific research
centers, with a view to linking all this with the requirements of
society and production.
Religious education shall be a principal subject in the courses of
Education in the State: Educational institutions shall be free of
charge in their various stages.
Combating illiteracy shall be a national duty for which all the
people's capacity shall be mobilized.
The institution of civil titles shall be prohibited.
Two: Economic Constituents
The national economy shall be organised in accordance with a
comprehensive development plan which ensures raising the national
income, fair distribution, raising the standard of living, solving
the problem of unemployment, increasing work opportunities,
connecting wages with production, fixing a minimum and maximum limit
for wages in a manner that guarantees lessening the disparities
The people shall control all means of production and direct their
surplus in accordance with development plan laid down by the State.
Every citizen shall have a share in the national revenue to be
defined by law in accordance with his work or his unexploiting
Workers shall have a share in the management and profits of projects
. They shall be committed to the development of production and the
implementation of the plan in their production units, in accordance
with the law. Protecting the means of production is a national duty .
Workers shall be represented on the boards of directors of the public
sector units by at least 50% of the number of members of these
boards. The law shall guarantee for the small farmers and small
craftsmen 80%of the membership on the boards of directors of the
agricultural and industrial co-operatives.
Beneficiaries shall participate in the management of the services
projects of public interest and their supervision in accordance with
The State shall look after the co-operative establishments in all
their forms and encourage handicrafts with a view to developing
production and raising income . The State shall endeavour to support
agricultural co-operatives according to modern scientific bases.
Ownership shall be under the supervision of the people and the
protection of the State. There are three kinds of ownership: public
ownership, co-operative ownership and private ownership.
Public ownership is the ownership of the people and it is confirmed
by the continuous support of the public sector. The public sector
shall be the vanguard of progress in all spheres and shall assume the
main responsibility in the development plan.
Co-operative ownership is the ownership of the co-operative
societies. The law shall guarantee its protection and
Private ownership shall be represented by the unexploiting capital.
The law shall organize the performance of its social function in the
service of the national economy within the framework of the
development plan, without deviation or exploitation. The ways of its
utilization should not contradict the general welfare of the people.
Public ownership shall have its sanctity. Its protection and support
shall be the duty of every citizen in accordance with the law as it
is considered the mainstay of the strength of the homeland, a basis
for the socialist system and a source of prosperity for the people.
Private ownership shall be safeguarded and may not be placed under
sequestration except in the cases defined by law and in accordance
with a judicial decision . It may not be expropriated except for the
general good and against a fair compensation as defined by law. The
right of inheritance shall be guaranteed in it.
Nationalization shall not be allowed except for considerations of
public interest and in accordance with a law and against a
General confiscation of funds shall be prohibited . Private
confiscation shall not be allowed except by a judicial decision.
The law shall fix the maximum limit of land ownership with a view to
protecting the farmer and the agricultural labourer from exploitation
and asserting the authority of the alliance of the people's working
forces in villages.
The tax system shall be based on social justice
Saving is a national duty protected, encouraged and organized by the
Three: Public Freedoms, Rights and Duties
All citizens are equal before the law. They have equal public rights
and duties without discrimination due to sex, ethnic origin,
language, religion or creed.
Individual freedom is a natural right not subject to violation except
in cases of flagrante delicto. No person may be arrested, inspected,
detained or have his freedom restricted in any way or be prevented
from free movement except by an order necessitated by investigations
and the preservation of public security. This order shall be given by
the competent judge or the Public Prosecution in accordance with the
provisions of the law.
Any citizen arrested, detained or whose freedom is restricted shall
be treated in a manner concomitant with the preservation of his
dignity. No physical or moral harm is to be inflicted upon him. He
may not be detained or imprisoned except in places defined by laws
organizing prisons. If a confession is proved to have been made by a
person under any of the aforementioned forms of duress or coercion,
it shall be considered invalid and futile.
Any medical or scientific experiment may not be performed on any
person without his free consent.
Homes shall have their sanctity and they may not be entered or
inspected except by a causal judicial warrant as prescribed by the
The law shall protect the inviolability of the private life of
citizens. Correspondence, wires, telephone calls and other means of
communication shall have their own sanctity and their secrecy shall
be guaranteed. They may not be confiscated or monitored except by a
causal judicial warrant and for a definite period and according to
the provisions of the law.
The State shall guarantee the freedom of belief and the freedom of
practising religious rights.
Freedom of opinion shall be guaranteed. Every individual shall have
the right to express his opinion and to publicise it verbally, in
writing, by photography or by other means of expression within the
limits of the law. Self criticism and constructive criticism shall
guarantee the safety of the national structure.
Liberty of the press, printing, publication and mass media shall be
guaranteed . Censorship on newspapers shall be forbidden as well as
notifying, suspending or cancelling them by administrative methods.
In a state of emergency or in time of war, a limited censorship maybe
imposed on the newspapers, publications and mass media in matters
related to public safety or for purposes of national security in
accordance with the law.
The State shall guarantee for citizens the freedom of scientific
research and literary, artistic and cultural creativity and provide
the necessary means for encouraging their realization.
No citizen shall be prohibited form residing in any place or be
forced to reside in a particular place except in cases defined by
No citizen may be deported from the country or prevented from
returning to it.
Citizens shall have the right to permanent or temporary emigration
The law shall regulate this right and the measures and conditions of
The right to political asylum shall be granted by the State to every
foreigner persecuted for defending the people's interests, human
rights, peace or justice . The extradition of political refugees
shall be prohibited.
Citizens shall have the right to peaceful and unarmed private
assembly, without the need for prior notice. Such private meetings
should not be attended by security men. Public meetings, processions
and gatherings shall be allowed within the limits of the law.
Citizens shall have the right to form societies as defined by law.
The establishment of societies whose activities are hostile to the
social system, clandestine or have a military character shall be
The creation of syndicates and unions on democratic basis shall be
guaranteed by law and shall have a legal person. The law regulates
the participation of syndicates and unions in carrying out the social
plans, and programmes raising the standard of efficiency,
consolidating socialist behaviour among their members, and
safeguarding their funds. They are responsible for questioning their
members about their behaviour in exercising their activities
according to certain codes of morals, and for defending the rights
and liberties of their members as defined by law.
Any assault on individual freedom or on the inviolability of the
private life of citizens and any other public rights and liberties
guaranteed by the Constitution and the law shall be considered a
crime, whose criminal and civil lawsuit is not liable to
prescription. The State shall grant a fair compensation to the victim
of such an assault.
Defence of the motherland is a sacred duty and conscription shall be
obligatory in accordance with the law.
Safeguarding, consolidating and preserving the socialist gains shall
be a national duty.
Safeguarding national unity and keeping State secrets shall be the
duty of every citizen.
Payment of taxes and public imposts is a duty as defined by law.
Citizen shall have the right to vote, nominate and express their
opinions in referenda according to the provisions of the law. Their
participation in public life is a national duty.
Every individual shall have the right to address public authorities
in writing and with his own signature. Addressing public authorities
should not be in the name of groups with the exception of
disciplinary organs and legal person.
Four: Sovereignty of the Law
The Sovereignty of the law is the basis of State rule.
The State shall be subject to law. The independence and immunity of
the judicature are two basic guarantees to safeguard rights and
Penalty shall be personal. There shall be no crime or penalty except
by virtue of the law. No penalty shall be inflicted except by a
judicial sentence. Penalty shall be inflicted only for acts committed
subsequent to the promulgation of the law prescribing them.
Any defendant is innocent until he is proved guilty before a legal
court, in which he is granted the right to defend himself . Every
person accused of a crime must be provided with counsel for his
The right to litigation is inalienable for all, and every citizen has
the right to refer to his competent judge. The State shall guarantee
the accessibility of the judicature organs to litigants, and the
rapidity of statuting on cases. Any provision in the law stipulating
the immunity of any act or administrative decision from the control
of the judicature shall be prohibited.
The right of defence in person or by power of attorney shall be
guaranteed. The law shall grant the financially incapable citizens
the means to resort to justice and defend their rights.
No penal lawsuit shall be sued except by an order from a judicature
organ with the exception of cases defined by law.
Any person arrested or detained shall be informed forthwith of the
reasons for his arrest or his detention. He shall have the right to
communicate with whoever he sees fit and inform them of what has
taken place and to ask for help in the way organized by law. He must
be notified, as soon as possible, with the charges directed against
him. Any person may lodge a complaint to the courts against any
measure taken to restrict his personal freedom. The Law shall
regulate the right of complaint in a manner ensuring a decision
regarding it within a definite period or else release shall be
Sentences shall be passed and executed in the name of the people.
Likewise refraining from executing sentences or obstructing them on
the part of the concerned civil servants shall be considered a crime
punishable by law. In this case, those whom the sentence is in favour
of , shall have the right to sue a direct penal lawsuit before the
One: The Head of the State
The Head of the State is the President of the Republic . He shall
assert the sovereignty of the people, respect for the Constitution
and the supremacy of the law. He shall safeguard national unity and
the socialist gains and maintain the limits between authorities in a
manner to ensure that each shall perform its role in the national
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 those measures within sixty days of their
The President of the Republic should be an Egyptian born to Egyptian
parents and enjoy civil and political rights. His age must not be
less than 40 Gregorian years.
Not present in the Constitution any longer) The People’s Assembly
shall nominate the President of the Republic . The nomination shall
be referred to the people for a plebiscite. The nomination for the
President of the Republic shall be made in the People’ Assembly
upon the proposal of at least one third of its members. The candidate
who obtains two thirds of the votes of the members of the People’s
Assembly shall be referred to the people for a plebiscite . If he
does not obtain the said majority the nomination process shall be
repeated two days after the first vote. The candidate obtaining an
absolute majority of the votes 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 votes cast in the plebiscite. If the candidate does not
obtain this majority, the Assembly shall propose the nomination of
another candidate and the same procedure shall follow concerning his
candidature and election.
The term of the presidency shall be six Gregorian years starting from
the date of the announcement of result of the plebiscite. The
President of the Republic may be re-elected for other successive
The 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 a new President for whatever reason, the former
President shall continue to exercise his functions until his
successor is elected.
Before exercising his functions, the President shall take the
following oath before the People’s Assembly: "I swear by
Almighty God to uphold the Republican system with loyalty, to respect
the Constitution and the law, and to look after the interests of the
people fully and to safeguard the independence and territorial
integrity of the motherland".
The salary of the President of the Republic shall be fixed by law.
Any amendment in the salary shall not be applicable during the
presidential term in which such an amendment is decided upon . The
President of the Republic may not receive any other salary or
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
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.
In case of resignation, the President of the Republic shall address
his letter of resignation to the People’s Assembly.
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
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.
Two: The People's Assembly
People’s Assembly shall exercise the legislative power, approve the
general policy of the State, the general plan of economic and social
development and the general budget of the State. It shall exercise
control over the work of the executive authority in the manner
prescribed by the Constitution.
The law shall determine the constituencies into which the State shall
be divided. The number of the elected members of the People’s
Assembly must be at least 350 members of whom one half at least must
be workers and farmers elected by direct secret pubic balloting. The
Law shall determine the definition of the worker and the farmer. The
President of the Republic may appoint a number of members not
The Law shall determine the conditions which members of the Assembly
must fulfil as well as the rules of election and referendum, while
the ballot shall be conducted under the supervision of the members of
a judiciary organ.
Employees of the State and the public sector may nominate themselves
for membership in the People’s Assembly with the exception of cases
determined by law. The member of the People’s Assembly shall devote
himself entirely to his duties, while his former work or post shall
be preserved for him as determined by law.
Before exercising his duties, the member of the People’s Assembly
shall take the following oath before the Assembly: " I swear by
God Almighty that I shall sincerely safeguard the safety of the
nation, the republican regime, attend to the interests of the people
and shall respect the Constitution and the law".
The members of the People’s Assembly shall receive a remuneration
determined by law.
The duration of the People’s Assembly term shall be five Gregorian
years starting from the date of its first meeting. Elections for the
renewal of the Assembly shall take place within the sixty days
preceding the termination of its term.
The People’s Assembly shall be competent to decide upon the
validity of the membership of its members. The Court of Cassation
shall be competent to investigate the validity of contestations on
membership presented to the Assembly after referring them to the
Court by the Speaker of the Assembly. The contestation shall be
referred to the Court of Cassation within fifteen days as from the
date on which the Assembly has been informed thereof while the
investigation shall be completed within ninety days from the date on
which the contestation is referred to the Court of Cassation. The
result of the investigation and the decision reached by the Court
shall be submitted to the Assembly to decide upon the validity of the
contestation within sixty days from the date of submission of the
result of the investigation to the Assembly. Memberships shall not be
deemed invalid expect by a decision taken by a majority of two-thirds
of the Assembly members.
If the seat of a member becomes vacant before the end of his term, a
successor shall be elected or appointed to it, within sixty days from
the date of the communication to the Assembly of the occurrence of
the vacancy . The term of the new member shall extend until the end
of the term of his predecessor.
No member of the People’s Assembly shall, during his term, purchase
or rent any state property or sell or lease to the state or barter
with it regarding any part of his property, or conclude a contract
with the State in his capacity as entrepreneur, importer or
No membership in the People’s Assembly shall be revoked except on
the grounds of loss of confidence or status or loss of one of the
conditions of membership or the loss of the member's status as worker
or farmer upon which he was elected or the violation of his
obligations as a member. The membership shall be deemed invalid on
the grounds of a decision taken by two-thirds of the Assembly
The People’s Assembly alone may accept the resignation of its
Members of the People’s Assembly shall not be censured for any
opinions or thoughts expressed by them in the performance of their
tasks in the Assembly or its committees.
Except in cases of flagrante delicto, no member of the People’s
Assembly shall be subject to a criminal prosecution without the
permission of the Assembly. If the Assembly is not in session , the
permission of the Speaker of the Assembly must be taken. The Assembly
must be notified of the measures taken in its first subsequent
The seat of the People’s Assembly shall be Cairo. However, the
Assembly may, under exceptional circumstances, meet in another city
at the request of the President of the Republic or the majority of
the Assembly members. Any meeting of the Assembly in other than its
designated seat is illegal and the resolutions passed in it shall be
The President of the Republic shall convoke the People’s Assembly
for its ordinary annual session before the second Thursday of
November . If it is not convoked, the Assembly shall meet by force of
the Constitution on the said date. The session of the ordinary
meeting shall continue for at least seven months. The President of
the Republic shall declare the ordinary session closed . This may not
take place until the general budget of the state is approved.
The President of the Republic may call the People’s Assembly to an
extraordinary session, in case of necessity, or upon request signed
by a majority of the Assembly members. The President of the Republic
shall announce the dismissal of the extraordinary session.
The People’s Assembly shall elect, in the first meeting of its
ordinary annual session, a Speaker and two Deputy - Speakers for the
term of the session. If the seat of anyone of them is vacated, the
Assembly shall elect a replacement, whose term will last until the
end of his predecessor's term.
The People’s Assembly shall lay down its own rules of procedure
organizing the manner in which it fulfills its tasks.
The People’s Assembly alone shall be entitled to preserve order
inside it. The Speaker of the Assembly shall be entrusted with this
The meeting of the People’s Assembly shall be public. However, a
meeting in camera may be held at the request of the President of the
Republic, or the Government, or the Prime Minister or of at least
twenty of its members. The Assembly shall then decide whether the
debate on the question submitted to it shall take place in a public
meeting or in a meeting in camera. Top
The meeting of the Assembly shall be considered invalid unless the
majority of its members are present. The Assembly shall adopt its
resolutions by an absolute majority of its attending members, in
cases other than those for which a specific majority is required. A
separate vote will be taken on each article of the draft laws. In
case of a tie vote, the question on which the debate has taken place
shall be rejected.
The President of the Republic shall have the right, in case of
necessity or in exceptional cases and on the authorization of the
People’s Assembly, to issue resolutions having the force of law.
Such authorization must be for a limited period of time and must
point out the subjects of such resolutions and the grounds upon which
they are based . The resolutions must be submitted to the People’s
Assembly at its first meeting after the end of the authorization
period. If they are not submitted or if they are submitted and not
approved by the Assembly , they shall cease to have the force of law.
The President of the Republic and every member of the People’s
Assembly shall have the right to propose laws.
Every draft law shall be referred to one of the committees of the
Assembly which will study it and submit a report concerning it. Draft
laws presented by members of the People’s Assembly shall not be
referred to these committees unless they are first referred to a
special committee which will study them and give an opinion on the
suitability of their consideration by the Assembly and after the
Assembly decides to consider them.
Every draft law proposed by a member and rejected by the Assembly
cannot be presented again in the course of the same session.
The President of the Republic shall have the right to promulgate laws
or object to them.
If the President of the Republic objects to a draft law ratified by
the People’s Assembly, he shall refer it back to the Assembly
within thirty days from the Assembly’s communication of it. If the
draft law is not referred back within this period. It is considered a
law and shall be promulgated. If it is referred back to the Assembly
on the said date and approved once again by a majority of two-thirds
of the members, it shall be considered a law and shall be
The People’s Assembly shall approve the general plan for economic
and social development. The manner of the preparation of the plan and
of its submission to the People’s Assembly shall be determined by
The draft general budget of the State shall be submitted to the
Assembly at least two months before the beginning of the fiscal year.
It shall not be considered in effect unless it is approved by the
Assembly. Each chapter of the draft budget shall be voted upon
separately and shall be promulgated by law. The People’s Assembly
shall not make modifications in the draft budget except with the
approval of the government. In case the ratification of the new
budget does not take place before the beginning of the new fiscal
year, the old budget shall be acted on pending such ratification. The
law shall determine the manner of preparing the budget and determine
the fiscal year.
The approval of the People’s Assembly shall be considered necessary
for the transfer of any funds from one title of the budget to
another, as well as for any expenditure not included in it or in
excess of its estimates. These shall be issued by law. Top
The law shall determine the provisions regulating the budgets and
accounts of public organizations and institutions.
The final account of the State budget shall be submitted to the
People’s Assembly within a period not exceeding one year from the
date of the expiration of the fiscal year. Each title shall be voted
upon separately and issued by a law. The annual report of the Central
Agency for Accounting and its observations must be submitted to the
People’s Assembly. The Assembly has the right to demand from the
Central Agency for Accounting any data or other pertinent reports.
The imposition, modification or abolition of general taxes cannot be
effected except in the cases decreed by law. No one may be exempted
from their payment except in the cases specified by law.No one may be
asked to pay additional taxes or imposts except in the cases
specified by law.
The basic rules for collection of public funds and the procedure for
their disbursement shall be regulated by law.
The Executive Authority shall not contract a loan, or bind itself to
a project entailing expenditure of public funds from the State
Treasury in the course of a subsequent period, except with the
approval of the People’s Assembly.
The rules governing the granting of salaries, pensions, indemnities,
subsidies and bonuses from the State treasury, as well as the cases
excepted from these rules and the authorities charged with their
application, shall be determined by law.
The law shall determine the rules and procedures for granting
concessions related to the investment of natural resources and public
utilities. It shall also define cases where it is permitted to
dispose free of charge, of real estate property belonging to the
State and the ceding of its movable property and the rules and
regulations organizing such procedures.
Every member of the People’s Assembly shall be entitled to address
questions to the Prime Minister or to any of his deputies or the
Ministers or their deputies concerning matters within their
jurisdiction. The Prime Minister, his deputies, the Ministers and the
persons they delegate on their behalf shall answer the questions put
to them by members. The member may withdraw his question at any time;
this same question may not be transformed into an interpellation in
the same session.
Every member of the People’s Assembly shall be entitled to address
interpellations to the Prime Minster or his deputies or the Ministers
and their deputies concerning matters within their jurisdiction.
Debate on an interpellation shall take place at least seven days
after its submission, except in the cases of urgency as decided by
the Assembly and with the Government’s consent.
The Minister shall be responsible for the general policy of the State
before the People’s Assembly. Each minister shall be responsible
for the affairs of his ministry. The People’s Assembly may decide
to withdraw its confidence from any of the Prime Minister’s
deputies or from any of the Ministers or their deputies. A motion of
no confidence should not be submitted except after an interpellation,
and upon a motion proposed by one tenth the members of the Assembly.
The Assembly shall not decide on such a motion until after at least
three days from the date of its presentation. Withdrawal of
confidence shall be pronounced by the majority of the members of the
The People’s Assembly shall determine the responsibility of the
Prime Minister, on a proposal by one-tenth of its members. Such a
decision should be taken by the majority of the members of the
Assembly. It may not be taken except after an interpellation
addressed to the Government and after at least three days from the
date of its presentation. In the event that such responsibility is
determined, the Assembly shall submit a report to the President of
the Republic including the elements of the subject, the conclusions
reached on the matter and the reasons behind them. The President of
the Republic may return such a report to the Assembly within ten
days. If the Assembly ratifies it once again, the President of the
Republic may put the subject of discord to a referendum. Such a
referendum shall be held within thirty days from the date of the last
ratification of the Assembly. In such a case the Assembly sessions
shall be terminated. If the result of the referendum is in support of
the Government, the Assembly shall be considered dissolved,
otherwise, the President of the Republic shall accept the resignation
of the Cabinet.
If the Assembly withdraws its confidence from any of the Prime
Minister’s deputies or the Ministers or their deputies, he shall
resign his office. The Prime Minister shall submit his resignation to
the President of the Republic if he is found responsible before the
Any twenty members at least, of the People’s Assembly may ask for
the discussion of a public question to ascertain the Government’s
policy regarding such a question.
The members of the People’s Assembly shall be entitled to express
their opinions concerning public questions before the Prime Minister
or any of his deputies or of the Ministers.
The People’s Assembly may form an ad hoc Committee or entrust any
of its committees with the inspection of the activities of any of the
administrative departments or the general establishments or any
executive or administrative organ or any of the public projects, for
the purpose of fact - finding and informing the Assembly as to the
actual financial, or administrative or economic situation thereof, or
for conducting investigations into a subject related to one of the
said activities. In the course of its work, such a committee shall be
entitled to collect whatever evidence it deems necessary and to
subpoena all those it needs. All executive and administrative bodies
shall answer the demands of the committee and put under its disposal
all the documents and evidence it demands for this purpose.
At the inaugural meeting of the ordinary session of the People’s
Assembly, the President of the Republic shall deliver a statement of
the general policy of the State. He may also make other statements
before the Assembly. The Assembly is entitled to discuss the
statement of the President of the Republic.
After the formation of the Cabinet and at the inaugural meeting of
the ordinary session of the People’s Assembly, the Prime Minister
shall submit the programme of his Government. The People’s Assembly
is entitled to discuss such a programme.
The Prime Minister, his deputies, the Ministers and their deputies
may become members of the People’s Assembly. Those of them who are
not members may attend the sessions and committee meetings of the
The Prime Minister and the Ministers shall have the right to be heard
in the Assembly sessions and committee meetings whenever they ask for
the floor. They may ask for the assistance of the highranking
officials of their choice. When taking votes a minister shall have no
counted vote unless he is a member.
The President of the Republic shall not dissolve the People’s
Assembly unless it is necessary and after a referendum of the People.
In such a case, 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.
Three: The Executive Authority
Branch: The President of the Republic
The President of the Republic shall assume executive power and shall
exercise it in the manner stipulated in the Constitution.
The President of the Republic, in conjunction with the cabinet, shall
lay down the general policy of the state and shall supervise its
implementation in the manner prescribed in the Constitution.
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 to account of the President of the Republic
shall be applicable to the Vice-Presidents.
Before exercising his functions the Vice-President of the Republic
shall take the following oath before the President of the Republic :
" I swear by Almighty God to uphold the Republican system with
loyalty to respect the Constitution and the Law, to look after the
interests of the People in full and to safeguard the independence and
territorial integrity of the motherland."
The President of the Republic shall appoint the Prime Minister, his
deputies, the Ministers and their deputies and relieve them of their
The President of the Republic shall have the right to convoke the
Cabinet and to attend its meetings. He shall also preside over the
meetings he attends and is entitled to demand reports from the
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.
The President of the Republic shall issue the necessary regulations
for the implementation of the laws in the manner that would not
modify, delay, 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 decision requisite for its implementation.
The President of the Republic shall issue control regulations.
The President of the Republic shall issue the decisions necessary for
establishing and organizing public services and administrations.
In case it becomes necessary during the absence of the People’s
Assembly, to take measures which cannot suffer delay, the President
of the Republic shall issue decisions in this respect which have the
force of law. Such decisions must be submitted to the People’s
Assembly, within fifteen days from the date of issuance if the
Assembly is standing or at its first meeting in case of the
dissolution or recess of the Assembly. If they are not submitted,
their force of law disappears with retroactive effect without having
to take a decision to this effect. If they are submitted to the
Assembly and are not ratified, their force of law disappears with
retroactive effect, unless the Assembly has ratified their validity
in the previous period or settled their effects in another way.
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 to take
a decision upon it. In case the People’s Assembly, is dissolved the
matter shall be submitted to the new Assembly at its first meeting.
The state of emergency in all cases, shall be for a limited period,
which may not be extended unless by approval of the Assembly.
The President of the Republic shall have the right of granting
amnesty or commuting a sentence. General Amnesty can only be granted
by virtue of a law.
The President of the Republic shall be Supreme Commander of the Armed
Forces. He shall have the authority to declare war after the approval
of the People’s Assembly.
The President of the Republic shall conclude treaties and communicate
them to the People’s Assembly, accompanied with suitable
clarifications. 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 treaties and all other 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 included in the budget, must acquire the approval of the
The President of the Republic may call a referendum of the People on
important matters related to the supreme interests of the country.
Branch: The Government
The Government shall be the supreme executive and administrative
organ of the State. It shall be composed of the Prime Minister, his
Deputies, the Ministers and their Deputies. The Prime Minister shall
supervise the work of the Government.
Whoever is appointed Minister or Deputy Minister must be an Egyptian,
no less than 35 Gregorian years of age, and enjoying full civil and
Before exercising their functions, the members of the cabinet shall
take the following oath before the President of the Republic: "
I swear by Almighty God to uphold the Republican system with loyalty,
to respect the Constitution and the law to look after the interests
of the People in full and to safeguard the independence and
territorial integrity of the motherland."
The Cabinet shall exercise in particular the following functions:
down the general policy of the State in collaboration with the
President of the Republic and controlling its implementation in
accordance with the laws and republican decrees.
co-ordinating and following up the work of the ministries and their
different administrations as well as public organizations and
administrative and executive decisions in accordance with the laws
and decrees and supervising their implementation.
draft laws and decrees.
the draft of the general budget of the State.
the draft of the State’s overall plan.
and granting loans in accordance with the rules of the Constitution.
the implementation of law, maintaining State security and protecting
the rights of the citizens and the interests of the State.
The Minister shall be the administrative supreme chief of his
ministry. He shall undertake the laying down of the Ministry’s
policy within the limits of the State’s General Policy and shall
undertake its implementation .
During the term of his office, the Minister shall not practise any
free profession, a commercial, or financial or industrial occupation,
buy or rent any State property or lease or sell to or barter with the
State any of his own property.
The President of the Republic and the People’s Assembly shall have
the right to bring a Minister to trial for crimes committed by him in
the performance of his duties or due to them . The decision of the
People’s Assembly to charge a Minister shall be adopted upon a
proposal submitted by at least one-fifth of its members . No
indictment shall be issued except by a majority of two-thirds of the
members of the Assembly.
Any minister indicted shall be suspended from his duties until his
case is decided . The termination of his services shall not prevent
legal action being taken or pursued against him . The trial of
minister, the procedures and guarantees of the trial, and the
indictment shall be in accordance with the manner prescribed by the
law . These rules shall be applicable to Deputy Ministers.
Branch: The Local Administration
The Arab Republic of Egypt shall be divided into administrative
units, enjoying legal person among which shall be governorates,
cities and villages. Other administrative units may be established
having legal person when required by common interest.
Local People’s Councils shall be gradually formed, on the level of
administrative units by direct election half the members of whom must
be farmers or workers. The law shall provide for the gradual transfer
of authority to the local People’s Councils . Presidents and
Vice-Presidents of the Councils shall be elected from among their
The law shall determine the way of forming the local People’s
Councils, their competences, their financial resources, the
guarantees for their members their relation to the People’s
Assembly and to the Government as well as their role in preparing and
implementing the development plan in controlling various activities.
Branch: National Specialized Councils
National Specialized Councils shall be established on a national
level, to assist in planning the general policy of the State in all
the domains of national activities. These Councils shall be under the
President of the Republic. The formation and functions of each
council shall be defined by a presidential decree.
Four: The Judiciary Authority
The Judiciary Authority shall be independent. It shall be exercised
by courts of justice of different sorts and competences. They shall
issue their judgments in accordance with the law.
Judges shall be independent, subject to no other authority but the
law. No authority may intervene in judiciary cases or in the affairs
The law shall determine the judiciary organization and their
competences, and shall organize the way of their formation and
prescribe the conditions and measures for the appointment and
transfer of their members.
The status of judges shall be irrevocable. The law shall regulate the
disciplinary actions with regard to them.
The sessions of courts shall be public, unless a court decides to
hold them in camera for considerations of public order or morality.
In all cases, judgments shall be pronounced in public sessions.
The people shall contribute to maintaining justice in accordance with
the manner and within the limits prescribed by law.
The law shall regulate the organization of the State Security Courts
and shall prescribe their competences and the conditions to be
fulfilled by those who occupy the office of judge in them.
The State Council shall be an independent judiciary organization
competent to take decisions in administrative disputes and
disciplinary cases. The law shall determine its other competences.
A Supreme Council, presided over by the President of the Republic
shall supervise the affairs of the judiciary organizations. The law
shall prescribe its formation, it competences and its rules of
action. It shall be consulted with regard to the draft laws
organizing the affairs of the judiciary organizations.
Five: The Supreme Constitutional Court
The Supreme Constitutional Court shall be an independent judiciary
body in the Arab Republic of Egypt, and having its seat in Cairo.
The Supreme Constitutional Court alone shall undertake the judicial
control in respect of the constitutionality of the laws and
regulations and shall undertake the interpretation of the legislative
texts in the manner prescribed by law . The law shall prescribe the
other competences of the court, and regulate the procedures to be
followed before it.
The law shall organize the way of formation of the Supreme
Constitutional Court, and prescribe the conditions to be fulfilled by
its members, their rights and immunities.
The status of the members of the Supreme Constitutional Court shall
be irrevocable . The Court shall call to account its members, in the
manner prescribed by law.
The judgments issued by the Supreme Constitutional Court in
constitutional cases, and its decisions concerning the interpretation
of legislative texts shall be published in the Official Gazette. The
law shall organize the effects subsequent to a decision concerning
the unconstitutionality of a legislative text.
Six: The Socialist Public Prosecutor
The Socialist Public Prosecutor shall be responsible for taking the
measures which secure the people's rights, the safety of the society
and its political regime, the preservation of the socialist
achievements and commitment to socialist behaviour. The law shall
prescribe his other competences. He shall be subject to the control
of the People’s Assembly in accordance with what is prescribed by
Seven: The Armed Forces and The National Defence Council
The State alone shall establish the Armed Forces, which shall belong
to the people. Their task shall be to protect the country, safeguard
its territory and security, and protect the socialist achievements of
popular struggle. No organization or group may establish military or
semimilitary formations. The law shall prescribe the conditions of
service and promotion for the armed forces.
General mobilization shall be organized in accordance with the law.
A Council named " The National Defense Council " shall be
established and presided over by the President of the Republic. It
shall undertake the examination of matters pertaining to the methods
ensuring the safety and security of the country. The law shall
establish its other competences.
The law shall organize military judicature, prescribe its competences
within the limits of the principles prescribed by the Constitution.
Eight: The Police
Police authority shall be a civil disciplinary body. Its Supreme
Chief shall be the President of the Republic . Police Authority shall
perform its duty in the service of the people maintain peace and
security for the citizens, preserve order, public security and
morality, and undertake the implementation of the duties imposed upon
it by laws and regulations, in the manner prescribed by the law.
Six: General and Transitional Provisions
The city of Cairo shall be the capital of the Arab Republic of Egypt.
The law shall prescribe the Egyptian flag and the provisions relating
thereto, as well as the state emblem and the provisions relating
Provisions of the laws shall apply only from the date of their entry
into force and shall have no retroactive effect. However, provisions
to the contrary may be made, in other than criminal matters, with the
approval of the majority of the members of the People’s Assembly.
All laws shall be published in the Official Gazette within two weeks
from the date of their issuance. They shall be put into force a month
after the date following their publication unless another date is
fixed for that.
The President of the Republic as well as the People’s Assembly may
request the amendment of one or more of the articles of the
Constitution. The articles to be amended and the reasons justifying
such amendments shall be mentioned in the request for amendment . If
the request emanates from the People’s Assembly, it should be
signed by at least one third of the Assembly members . In all cases,
the Assembly shall discuss the amendment in principle, and the
decision in this respect shall be taken by the majority of its
members. If the request is rejected, the amendment of the same
particular articles may not be requested again before the expiration
of one year from the date of such rejection. If the People’s
Assembly approves an amendment, in principle, the articles requested
to be amended shall be discussed two months after the date of the
said approval. If the amendment is approved by two thirds of the
members of the Assembly, it shall be referred to the people for a
plebiscite. If it is approved by the people it shall be considered in
force from the date of the announcement of the result of the
The term of the present President of the Republic shall be terminated
at the end of six years from the date of announcing his election as
President of the Arab Republic of Egypt.
All the provisions of the laws and regulations prior to the
proclamation of this Constitution shall remain valid and in force.
However, they may be repealed or amended in conformity with the rules
and procedures stipulated in this Constitution.
The Supreme Court shall exercise its competences prescribed in the
law establishing it, until the Supreme Constitutional Court is
This Constitution shall be in force as from the date of announcing
the approval of the people in this respect in the referendum.
One: The Shoura Assembly*
The Shoura Assembly is concerned with the study and proposal of what
it deems necessary to preserve the principles of the July 23,1952
Revolution and the May 15, 1971 Revolution, to consolidate national
unity and social peace, to protect the alliance of the working forces
of the people and the socialist gains as well as the basic
constituents of society, its supreme values, its rights and liberties
and its public duties, and to deepen the democratic socialist system
and widen its scope.
The Shoura Assembly shall be consulted in the following: Proposals
for the amendment of one or more articles of the Constitution. Draft
laws complementary to the Constitution. Draft of the general plan for
social and economic development. Peace treaties, alliances and all
treaties affecting the territorial integrity of the State or those
concerning sovereignty rights. Draft laws referred to the Assembly by
the President of the Republic. Whatever matters referred to the
Assembly by the President of the Republic relative to the general
policy of the State or its policy regarding Arab or foreign affairs.
The Assembly shall submit to the President of the Republic and the
People's Assembly its opinion on such matters.
The Shoura Assembly shall be composed of a number of members defined
by the law, not less than 132 members . Two thirds of the members
shall be elected by direct secret public balloting, half of whom at
least must be workers and farmers . The President of the Republic
shall appoint the other third.
The law shall determine the electoral constituencies of the Shoura
Assembly the number of members in every constituency, and the
necessary conditions that should be fulfilled by the elected or
appointed members of the Shoura Assembly.
The term of the membership of the Shoura Assembly is six years. The
election and the appointment of 50% of the total number of the
members, should be renewed every three years as defined by law . It
is always possible to re-elect or re-appoint those whose term of
membership has expired.
The Shoura Assembly shall elect a Speaker and two Deputy Speakers at
its first ordinary annual session for a period of the three years .
If one of these offices becomes vacant , the Assembly shall elect a
successor for the rest of the term.
No member can hold office in both the People’s Assembly and the
Shoura Assembly at one and the same time.
The Prime Minister and his Deputies , the Ministers and government
officials shall not be held responsible to the Shoura Assembly.
The President of the Republic has the right to make a statement upon
the general policy of the State or upon any other matter before a
joint meeting of the People’s Assembly and the Shoura Assembly,
headed by the Speaker of the People ’s Assembly. The President of
the Republic has the right to make whatever statements he wishes
before the Shoura Assembly.
The Prime Minister and the Ministers and other government officials
may make statements before the Shoura Assembly or before one of its
committees upon a subject that comes within their competence. The
Prime Minister and his Deputies and Ministers and other government
officials shall be heard by the Shoura Assembly and its committees
upon their request, and they may seek the assistance of any
government officials, as they see fit. However, any minister or
government official shall not have a counted vote unless he is a
The President of the Republic may not dissolve the Shoura Assembly
except in case of the necessity , while such a decision should
comprise an invitation to electors to hold new elections for the
Shoura Assembly within a period of the sixty days from the date of
its dissolution . The Assembly shall hold its first meeting within
ten days from the date of its election.
The Provisions included in the following articles of the Constitution
shall apply to the Shoura Assembly:
(89,90,100,101,102,104,105,106,107,129,130,134), insofar as they are
not incompatible with the provisions cited in this chapter. The
Shoura Assembly and its Speaker shall exercise the competences
specified in the aforementioned articles.
Two: The Press Authority
The press is a popular, independent authority exercising its vocation
in the manner stipulated in the Constitution and the law.
The Press shall exercise its vocation freely and independently in the
service of society through all the means of expression .It shall thus
interpret the trend of public opinion, while contributing to its
information and orientation within the framework of the basic
components of society, the safeguard of liberties, rights and public
duties and the respect of the sanctity of the private lives of the
citizens, as stipulated in the Constitution and defined by law.
The freedom of the press is guaranteed and press censorship is
forbidden. It is also forbidden to threaten, confiscate or cancel a
newspaper through administrative measures, as stipulated in the
Constitution and defined by the law.
The freedom of legal persons whether public or private , or political
parties to publish or own newspapers is safeguarded in accordance
with the law. The financing and ownership of newspapers and the funds
belonging to them, come under the supervision of the people, as
stipulated in the Constitution and defined by law.
Journalists have the right to obtain news and information according
to the regulations set by law. Their activities are not subject to
any authority other than the law.
A Supreme Press Council shall deal with matters concerning the press
. The law shall define its formation, competences and its
relationship with the state authorities. The Supreme Press Council
shall exercise its competences with a view to consolidating the
freedom of the press and its independence, to uphold the basic
foundations of society, and to guarantee the soundness of national
unity and social peace as stipulated in the Constitution and defined
Amended according to the result of the plebiscite on the
constitutional amendment which was conducted on May, 22nd 1980.
Amended according to the unanimity of the people's approval to the
constitutional amendment in the plebiscite conducted May, 22nd
(***)Amended according to a public referendum conducted on
May 10th, 2005.
76, as amended, rests on several elements, including:
AN UNPRECEDENTED OPPORTUNITY FOR MULTIPLE CANDIDATES IN PRESIDENTIAL
76 as amended includes the following provisions concerning the
nominations of presidential candidates:
political party will have the right to nominate a candidate from its
highest leadership body for the first Presidential election to be
held in light of the amendment, in accordance with the by-laws of
each political party.
subsequent elections (2011 onwards) political parties that have been
established for a period of five years, and that manage to win 5% of
the seats in the People’s Assembly (the lower house of Parliament),
and 5% in the Shoura Council (the upper house) will be able to put
forward candidates for the Presidential elections provided that such
candidates have occupied one of the top leadership positions in the
party for a period of one year.
independent candidates to be accepted, they must receive the
endorsement of 250 elected members from Egypt’s representative
bodies (approximately 6.5% from a total of 3847 representatives),
from which a minimum of 65 endorsements to be obtained from the
People’s Assembly (which constitutes 14%), 25 endorsements from the
Shoura Council (also 14%) and 10 Local Council endorsements from 14
Governorates (4.5%) in order to ensure geographic representation.
amendment of Article 76, therefore, represents a qualitative change
in the manner by which Presidential candidates have been nominated
amendment includes a transitionary provision that allows for any
legally established political party to nominate candidates to the
2005 Presidential elections without conditions or qualifications.
amendment differs significantly from the current Article 76 of the
constitution (which remains in force until the amendment is approved
in a public referendum) which requires the endorsement of a third of
the People’s Assembly (152 members which constitute 33%) for
Presidential nominations, and the approval of two thirds (303 members
which make up 66%) for a single candidate to be put forward for a
parties will have numerous opportunities to contest seats for each of
the three representative bodies in open elections in order to win the
necessary 5% of seats to be able to nominate candidates in 2011. It
is important to note in this regard, that between this year's
presidential election, and the following presidential election to be
held in 2011, two general elections are scheduled, in addition to two
elections for the Shoura Council, and two elections for local
addition, the amendment further empowers both the Shoura Council and
Local Councils which now have a say in the nomination process for the
office of the President.
amendment therefore provides a significant incentive to political
parties by relaxing the requirements for nomination of presidential
candidates. This follows from the principles enshrined in the
Egyptian constitution itself (Article 5) which adopts the multi-party
system as the basis for Egypt’s political process. It also
complements the vision of the NDP for political reform which focuses
on reinvigorating party politics, and enhancing the role of political
parties which constitute the appropriate channel for broadening
political representation and participation in political life.
ESTABLISHMENT OF AN INDEPENDENT COMMISSION FOR THE SUPERVISION OF THE
amendment to Article 76 of the constitution provides for the
establishment of a “Presidential Election Commission” that would
enjoy complete independence, and would be charged with the
supervision of the Presidential election process.
Commission will be composed of 10 members, presided by the Chief
Justice of the Supreme Constitutional Court and four other ex officio
members of the judiciary who are the most senior serving Deputy
President of each of the Supreme Constitutional, the Court of
Cassation, and the High Administrative Court, and the President of
the Cairo Court of Appeal.
rest of the Commission will be made up from five independent and
neutral public figures: 3 to be selected by the Peoples Assembly and
2 to be selected by the Shoura Council.
of this Committee shall be passed by a majority of 7 votes. This
Commission will have a term of five years and will be exclusively
competent to supervise the presidential election process, including
accepting nominations, announcing the names of accepted candidates,
supervision of election procedures, vote counting and announcement of
will also have final judicial competence to rule on any contestation
or challenge submitted in relation to the presidential elections, and
its decision will be final and subject to no appeal. The Committee
will issue its own regulations and shall be competent to establish
general sub-committees from among members of the Judiciary, to
monitor the various phases of the election process, under its
supervision. The election process will be completed in one day.
REGARDING THE ELECTION PROCESS
following provisions regarding the election process are stipulated in
Article 76 as amended:
successful candidate must be elected by the majority of the votes. If
no candidate attains such a majority, elections will be repeated
after at least 7 days between the two candidates having the highest
votes. In case of a tie between the candidate who attained the second
highest votes and a third candidate, the third candidate shall
participate in the second round. The candidate who receives the
highest votes in the second round shall be declared President.
amendment also provides that a law will be passed to regulate the
relevant election procedures. This law is expected to regulate the
various aspects of the election process itself, including campaign
funding, equal access to the media, and guarantees of fair
required by the amendment, this law will be submitted to the Supreme
Constitutional Court to opine on its constitutionality. This
establishes an important precedent in Egypt’s legal tradition, by
which the Supreme Constitutional Court shall have the right of prior
review of national legislation to decide on its compatibility with
the Constitution. This differs from the practice thus far by which
the review process undertaken by the Court on national legislation
was done subsequent to the passage of legislation.