Subcommittee's report on amendment of Article 34 of Constitution

The subcommittee, affiliated to the Constitutional and the Legislative Affairs Committee chaired by Dr. Amal Osman, issued its report concerning the demand of the President of the Republic on the amendment of 34 articles of the Constitution in which it confirmed that it held four meetings three of which were on Saturday March 3 and one on Sunday March 4, 2007 in which it recalled all the opinions which the Constitutional and the Legislative Affairs Committee listened to as well as the proposals of some members. It studied what took place in the hearing sessions held by the People's Assembly and the Shura Council and what some political parties, bodies and public figures proposed. It ratified wording the articles requested to be amended as included in the request of the President of the Republic.

The Arab Republic of Egypt is a democratic state based on citizenship. The Egyptian people are part of the Arab Nation and work for the realization of its comprehensive unity.

The national economy is based on the freedom of the economic activity and the social justice and the guarantee of the different forms of property.

Article (5) (Third paragraph added) The citizens have the right to establish political parties according to the law and no political activity shall be exercised or political parties shall be established on a religious authority or basis or on discrimination due to sex or race.

Article 12 (First Paragraph) The 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, historical heritage of the people, scientific facts and public morality within the limits of the law.

Article 24 The State shall sponsor the national production and work for realizing the social and economic development.

Public ownership is the ownership of the people as represented in the ownership of the State and the public legal persons.

Public ownership shall have its sanctity, and its protection and consolidation is the duty of every citizen in accordance with the law.

The law shall fix the maximum limit of land ownership with a view to protecting the farmer and the agricultural laborer from exploitation.

The law shall regulate the participation of syndicates and unions in carrying out the social programs and plans, raising the standard of efficiency among their members, and safeguarding their funds.

Safeguarding the environment is a national duty and the law shall regulate the right to the good environment and the measures necessary to safeguard it.

Citizens shall have the right to vote, nominate and express their opinions in referendums according to the provisions of the law. Their participation in public life is a national duty. The law shall regulate the right of candidacy to the People's Assembly and the Shura Council according to the electoral system it specifies. This is to guarantee the representation of the political parties and allow for the representation of the woman in the two assemblies. The law may adopt a system to join the individual system and the partisan slates by means of any ratio between them to be specified by the law. It may also include a minimum limit for the women's participation in the two assemblies.

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 social justice and maintain the boundaries between authorities in a manner to ensure that each shall perform its role in the national action.

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 after taking the opinion of the Prime Minister and the Speakers of the People's Assembly and the Shura Council, direct a statement to the people and conduct a referendum on these measures within sixty days of its adoption. The dissolution of the People's Assembly may not take place while exercising these authorities.

Article 76 (Third and Fourth Articles) Political parties, which have been founded at least five years before the starting date of candidature and have been operating uninterruptedly for this period, and whose members have obtained at least 3% of the elected members of both the People's Assembly and the Shura Council or what equals this total in one of the two assemblies, may nominate for presidency a member of their respective higher board, according to their own bylaws, provided he has been a member of such board for at least one consecutive year. As an exception to the provisions of the fore-mentioned paragraph, the afore-mentioned political parties whose members obtained at least one seat in any of the People's Assembly or the Shura Council in the last elections may nominate in any presidential elections to be held within ten years from May 1, 2006, any member of its higher board, according to their own bylaws, provided he has been a member of such a board for at least one consecutive year.

(Article 87 added) second paragraph added. Should the election of the new president be announced before the end of the term of his predecessor, his presidential term shall start from the second day following the end of such a term.

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 or the Prime Minister should there be no vice-president or should not he unlikely to do so. The one who shall act as the President of the Republic may not request the amendment of the Constitution or to dissolve the People's Assembly or the Shura Council or to relieve the cabinet.

Article 17- 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 while abiding by the provisions of the second paragraph of Article 82.

The President shall be suspended from the exercise of his duty as from the issuance of the impeachment. The Vice-president shall temporarily assume the Presidency or the Prime Minister should there be no vice-president while abiding by the provisions of the second paragraph of Article 82 till issuing a ruling regarding the impeachment.

The necessary conditions stipulated in the members of the People's Assembly shall be defined by law which shall set out the provisions of the election and referendum and casting ballot shall take place in one day. A higher committee which enjoys independence and impartiality shall supervise the elections in the manner regulated by the law. The law shall set out the competencies of the committee and the way of its formation and current and former members of judicial bodies shall be among its members. The committee shall form the general committees supervising the elections at the level of the constituencies and the committees exercising the measures of casing ballot and votes' counting. The general committees shall be formed of members of judicial bodies in accordance with the rules and the measures defined by the law.

If the seat of a member becomes vacant before the end of his term, the vacant position must be occupied in accordance with the law 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 be complementary to that of his predecessor.

The draft general budget shall be submitted to the People's Assembly at least two months before the beginning of the fiscal year. It shall be considered in effect after approval. The draft budget shall be voted upon title by title. The People's Assembly may modify the expenditures mentioned in the budget draft except those regarded as an implementation to a specified commitment by the State. Should the modification result in increasing the expenditure, the People's Assembly has to agree with the government on means to provide resources of the revenues to realize re-balance between them and expenditures. The budget shall be issued by a law which may include modification in any already issued law as necessary to realize this balance. Should not the new budget be ratified before the beginning of the new fiscal year, the old budget shall be in effect for sixty days after which the President of the Republic shall issue the new budget.

The final account of the State budget shall be submitted to the People's Assembly within a period not exceeding six months from the date of the expiration of the fiscal year. It shall be voted upon title by title and issued by a law.

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 it. The President of the Republic may accept the resignation of the government or return such a report to the Assembly within ten days. Should the Assembly ratify it once again by a majority of two thirds of its members, the President of the Republic shall accept the resignation of the government. Should the proposal of the responsibility of the Prime Minister be rejected, the one requesting the withdrawal of confidence may not re-request it in the same session.

The Prime Minister shall submit the program of the government within sixty days of the date of its formation to the People's Assembly or in its first meeting should not be assembled. Should not the Assembly ratify this program by the majority of its members, the President of the Republic may dissolve the Assembly or accept the resignation of the Cabinet. The Prime Minister and the ministers and other members of the government may deliver a statement before the People's Assembly or any of its committees as regards a subject matter within its competency. The Assembly or the committee shall discuss this statement and express opinion over any remarks regarding it.

Article 136 (first and second paragraphs) The President of the Republic shall not dissolve the People's Assembly unless it is necessary and after taking the opinion of the Prime Minister. Should the Assembly be dissolved over a matter, the new Assembly may not be dissolved for the same matter.

Article 138 (second paragraph added) The President of the Republic shall exercise the competencies stipulated in articles 144, 145, 146, 147 after the approval of the Cabinet and the competencies stipulated in articles 108, 148, 151 (second paragraph) after taking its opinion.

The President of the Republic shall appoint the Prime Minister and relieve him of his post and the appointment of his deputies, the ministers and their deputies and relieving them of their posts shall take place by a decision of the President of the Republic after taking the opinion of the Prime Minister.

Article 161 (second paragraph added) The law guarantees decentralization and regulates the means of empowering the administrative units as regards providing local services and utilities and promoting them and better run them.

Every judicial body shall assume its own affairs. A council shall be formed to join the chiefs of the judicial bodies chaired by the President of the Republic to care for its common affairs. The law shall prescribe its formation, its competencies, and its rules of action.

The State shall work to safeguard the general discipline and security in the face of the dangers of terror. The law shall regulate the provisions related to the measures of conclusion and investigation necessary for combating those dangers under the supervision of the Judiciary in a way that the measure stipulated in the first paragraph of Article 51 and Article 44 and the second paragraph of Article 45 of the Constitution not to hinder putting those provisions into effect.
The President of the Republic may submit any crime of terror crimes to any judicial body stipulated in the Constitution or the law.

The State alone shall establish the Armed Forces which shall belong to the people. Their duty shall be to protect the country, safeguard its territory and security. No organization or group may establish military or semi-military formations.

The Shura Assembly is concerned with the study and proposal of what it deems necessary to preserve the support of the national unity and the social peace and to protect the basic components of society, its supreme values, its rights and liberties and its public duties.

The Shura Assembly shall be consulted in the following:
1- Draft of the general plan for social and economic development.
2- Draft laws referred to the Assembly by the President of the Republic.
3- 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 in such matters.

The provisions of the following articles of the Constitution shall apply to the Shura Council: 62, 2/88 89, 90, 91, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 104, 105, 106, 107, 129, 130, 134), insofar as they are not incompatible with the stipulations cited in this part. The Shura Council and its Speaker shall exercise the competencies specified in the aforementioned articles.

MODERNIZING THE CONSTITUTION OF EGYPT UP