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Constitutional Articles to be amended
Following are the articles submitted by President Hosni Mubarak to the Parliament for amendment; along with the proposed new versions:
Article 1
The Arab Republic of Egypt is a democratic, socialist 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 comprehensive unity.
Article 4
The economic foundation of the Arab Republic of Egypt is a socialist democratic system based on sufficiency and justice in a manner preventing exploitation, conducive to liquidation of income differences, protecting legitimate earnings, and guaranteeing the equity of the distribution of public duties and responsibilities.
Article 12
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, and historical heritage of the people, scientific facts, socialist conduct and public morality within the limits of the law.
The State is committed to abiding by these principles and promoting them.
Article 24
The people shall control all the means of production and direct their surplus in accordance with the development plan laid down by the State.
Article 30
Public ownership is the ownership of the people and it is confirmed by the continuous consolidation 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.
Article 33
Public ownership shall have its sanctity, and its protection and consolidation is 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 of the people.
Article 37
The law shall fix the maximum limit of land ownership with a view to protecting the farmer and the agricultural laborer from exploitation and asserting the authority of the alliance of the people's working powers at the level of the village.
Article 56
The creation of syndicates and unions on a democratic basis is a right guaranteed by law, and should have a moral entity.
The law regulates the participation of syndicates and unions in carrying out the social programs and plans, raising the standard of efficiency, consolidating the socialist behavior among their members, and safeguarding their funds.
Article 180
The State alone shall establish the Armed Forces which shall belong to the people.
Proposed Amendment
It is necessary to change these texts so that they are consistent with the present political and economic situations. No economic system should be dictated with the purpose of avoiding other amendments in future. The concept of citizenship should replace that of the "alliance of the working classes".
Article 5
The political system of the Arab Republic of Egypt is a multiparty one, within the framework of the basic elements and principles of the Egyptian society as stipulated in the Constitution (Political parties are regulated by law).
Proposed Amendment
A paragraph should be added prohibiting both political activities and the establishment of political parties on religious, racial or ethnic foundations.
Political and national activities, it should be asserted, must be based on the principle of citizenship alone, with no discrimination made on account of religion, race or ethnicity.
Article 59
Safeguarding, consolidating and preserving the socialist gains are deemed a national duty.
Proposed Amendment: Article 59 should be abolished and replaced instead with another advocating protection of the environment.
Article 62
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.
Article 94
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.
Proposed Amendment
Law-makers should be allowed to choose the electoral system best representative of all political parties in Parliament. Women should also be enabled to participate effectively in political life and be empowered to run for seats in both the People's Assembly and Shura Council.
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 their adoption.
Proposed Amendment
More checks and balances should be incorporated in Article 74 whereby the danger threatening national unity and/or obstructing the Constitutional role of State institutions should be grave and immediate. Urgent measures should be taken after consulting with the Speakers of both Chambers as well as with the prime minister. The People's Assembly should not be dissolved while the President exercises the powers assigned to him in accordance with Article 74.
Article 76
The President shall be elected by direct, public, secret ballot. For an applicant to be accepted as a candidate to the presidency, he shall be supported by at least 250 elected members of the People's Assembly, the Shura Council and local popular councils on governorate level, provided that those shall include at least 65 members of the People's Assembly, 25 of the Shura Council and ten of every local council in at least 14 governorates.
The number of members of the People's Assembly, the Shura Council and local popular councils on governorate level supporting candidature shall be raised in pro-rata to any increase in the number of any of these councils. In all cases, support may not be given to more than one candidate. Procedures related to this process shall be regulated by the law.
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 5% of the elected members of both the People's Assembly and the Shura Council, may nominate for the presidency a member of their respective upper board, according to their own by-laws, provided he has been a member of such board for at least one whole year.
As an exception to the provisions of the fore-mentioned paragraph, any political party may nominate for the first presidential elections, to be conducted following the enactment of this Article, a member of its higher board, established before May 10, 2005 according to its by-law.
Candidature applications shall be submitted to an independent committee, named the Presidential Elections Committee. The committee shall be composed of the head of the Supreme Constitutional Court as chairman and the head of the Cairo Court of Appeal, the most senior deputy of the head of the Supreme Constitutional Court, the most senior deputy of the head of the Court of Cassation, the most senior deputy of the State Council and five public figures, recognized for impartiality.
Three of the fore-mentioned public figures shall be selected by the People's Assembly and the other two by the Shura Council upon a recommendation of the bureaus of both Houses for a period of five years.
The law shall determine who will act on behalf of the chairman or any member of the committee, should there be some reason for their absence.
This committee shall exclusively have the following competences:
1- To declare the initiation of candidature and supervise procedures for declaring the final list of candidates;
2- To generally supervise balloting and vote-counting procedures;
3- To announce elections results;
4- To decide on all appeals, challenges and all matters related to its competences, including conflict of jurisdiction;
5- To draw up by-laws regulating its modus operandi and method of practicing its competences.
The committee's resolutions shall be passed with a majority of at least seven members. Its resolutions shall be final, self-enforcing and incontestable by any means or before any authority whatsoever.
Its resolutions may not be challenged through construing or stay of execution. The law regulating presidential elections shall determine other competences for the committee.
The law shall also determine regulating rules governing the nomination of a candidate to replace another one who has vacated his seat for some reasons other than assignment within the period between the starting date of candidature and before the termination of voting.
Voting shall be conducted in one single day.
The presidential elections committee shall establish committees to administer stages of the voting and ballot-counting process. The committee shall establish main committees to be composed of members of the judiciary to supervise the process in accordance with such rules and regulations as may be decided by the committee.
Election of the president shall be declared when candidates have obtained an absolute majority of the number of valid votes. In the event that none of the candidates has obtained such majority, election shall be repeated, at least after seven days, between the two candidates who have obtained the largest number of votes. Should another candidate obtain a number of valid votes equal to those of the second, he shall take part in the re-election. In this case, the candidate who has obtained the largest number of votes will be declared winner.
Voting for electing the president shall be effected, even though one single candidate has applied or even if he was the only candidate remaining due to the assignment of the rest of candidates or due to failure to field another candidate in lieu of the one vacating his seat.
In this case, the candidate who has obtained the absolute majority of the number of valid votes shall be declared winner. The law shall regulate procedures to be followed in the event the candidate has failed to obtain this majority.
The President shall submit the draft law regulating the presidential elections to the Supreme Constitutional Court following the endorsement by the People's Assembly and before promulgation, to determine compliance with the Constitution.
The Court shall return its ruling in this connection within fifteen days from the date of submission thereto. Should the court decide that one or more provisions of the draft law are unconstitutional, the President shall return it to the People's Assembly to put this ruling into effect. In all cases, the Court's ruling shall be binding to all parties and all State authorities. The law shall be published in the official gazette within three days from the date of issuance.
Proposed Amendment
Paragraphs 3 and 4 of Article 76 should be amended in order to reflect the conditions of Egypt's political parties both at present and in future. The terms set for the presidential candidacy should be changed to guarantee the seriousness while providing the opportunity for all parties to field candidates for the presidential elections on easier conditions.
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.
Proposed Amendment
A paragraph should be added to settle the difference regarding the time between the President's election and that of inauguration.
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 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 organize the trial procedures and define the penalty.
If he is found guilty, he shall be relieved of his post, without prejudice to other penalties.
Proposed Amendment
The Prime Minister should be allowed to take over the responsibilities of the Vice President, in case the latter is absent for any reason. It should also be made clear, that whoever is in control, at that time, will not assume such authorities as dismissing the Cabinet, dissolving Parliament or calling for Constitutional amendments, all of which would have major effects on the country's political life.
Article 88
The necessary conditions stipulated in the members of the People's Assembly shall be defined by law. The rules of election and referendum shall be determined by law, while the ballot shall be conducted under the supervision of members of a judiciary organ.
Proposed Amendment
An amendment should be introduced to deal with the ever-increasing number of voters, and with the subsequent need for balloting stations and vote-counting centers. Judiciary supervision should be maintained to ensure the effectiveness and integrity of the electoral process; the suitable number of judges should also be guaranteed to secure that elections remain a one-day process.
Article 115
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 and shall be promulgated by a law.
The People's Assembly may not effect any modification 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 fiscal year, the old budget shall be acted on pending such ratification.
The manner of the preparation of the budget as well as the determination of the fiscal year shall be determined by law.
Article 118
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.
It shall be voted upon title by title 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 any data or other pertinent reports from the Central Agency for Accounting.
Proposed Amendment
Parliament should be allowed to introduce changes to the State Budget and to place checks to maintain a balance between estimated revenues and expenditures.
The two-month period stipulated in paragraph 1 of Article 115, relating to the duration allowed before the Government submits its draft budget, should be expanded.
The margin of time between the end of the fiscal year and the Government's Final Statement should meanwhile be cut short allowing Parliament the opportunity for free discussion and voting. Parliamentary monitoring of Government performance should not be delayed.
Article 127
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 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 take place within thirty days from the date of the last ratification of the Assembly, in which 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 Council of Ministries.
Proposed Amendment
Measures determining the responsibility of the Prime Minister should be alleviated. Parliament should be assigned a greater role in withdrawing confidence from the Government without putting the matter to public referendum. Once the Parliament withdraws confidence from the Government, it should be obliged to submit its resignation, the acceptance/or review of which should be settled during the duration of one and the same Parliamentary session; this in consistency with the guarantees ensuring balance between the Legislative and the Executive.
Article 133
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 program of the government.
The People's Assembly is entitled to discuss such program.
Proposed Amendment
The Cabinet selected by the President should obtain the Parliament's confidence. After a short while of Cabinet formation, the Prime Minister should submit his/her Government's program. Parliament on its part is entitled either to accept or reject it.
The amendment does not rule out the right of the Prime Minister, a Cabinet-minister or an associate to address the Parliament or any of its Committees regarding an issue of relevance.
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.
Proposed Amendment
A Presidential Decree is required to dissolve Parliament without resorting to public referendum. The reason used for dissolving Parliament once is not admissible for another dissolution.
Article 194
The Shura Council 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 components of society, its supreme values, its rights and liberties and its public duties, and to entrench the democratic socialist system and widen its scope.
Article 195
The Shura Council shall be consulted in the following:
1- Proposals for the amendment for one or more articles of the Constitution.
2- Draft laws complementary to the Constitution.
3- Draft of the general plan for social and economic development.
4- Peace treaties, alliances and all treaties affecting the territorial integrity of the State or those concerning sovereignty rights.
5- Draft laws referred to the Assembly by the President of the Republic.
6- 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.
Proposed Amendment
The Shura Council should be entitled to approve certain topics on as part of its competences. Meanwhile, its opinion should continue to be advisory in respect of others. A modus operendos should be devised to resolve differences arising between the People's Assembly and Shura Council.
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.
Proposed Amendment
A paragraph should be added to Article 138 whereby the competences of the Council of Ministers are expanded allowing it to cooperate with the President in developing the country's general policies as per the terms set in Article 74. The President should exercise the powers assigned to him/her in accordance with Articles 108, 144, 145, 146, 147, 148 and 151 after obtaining the Cabinet’s approval on some and consulting with the People’s Assembly on others.
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.
Proposed Amendment.
The Prime Minister should cooperate with the President as regards appointing and dismissing deputy prime ministers and deputy ministers.
Article 161
The Arab Republic of Egypt shall be divided into administrative units, enjoying moral entities, among which shall be governorates, cities and villages. Other administrative units may be established, having moral entities, if this may be required by the common interest.
Proposed Amendment
A new paragraph should be added on developing the country's administrative system, leading to proper decentralization and to delegating real authority to the municipalities in running their affairs.
Article 173
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, its competencies, and its rules of action. It shall be consulted with regard to draft laws organizing the affairs of the judiciary organizations.
Proposed Amendment
Judiciary organizations should be independent and a council should be formed with the membership of all heads of such organizations under the President's chairmanship replacing that described in Article 173.
Article 179
The Socialist Public Prosecutor shall be responsible for taking the procedures which secure the people's rights, the safety of the society and its political system, the preservation of the socialist achievements, and commitment to the socialist behavior.
The law shall define his other competencies. He shall be subject to the control of the People's Assembly in accordance to what is prescribed by law.
Proposed Amendment
The position of the Socialist Public Prosecutor should be abolished as should the Court of Values; and a new title for Chapter Six should be introduced: "Counter-terrorism". A new article should also be incorporated to fight terrorism and root out its sources.
Article 205
The following articles of the Constitution shall apply to the Shura Council:
(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 President shall exercise the competencies specified in the aforementioned articles.
Proposed Amendment
Article 205 should be amended by incorporating Article 62: "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;" and Article 88: "The necessary conditions stipulated in the members of the People's Assembly shall be defined by law. The rules of election and referendum shall be determined by law, while the ballot shall be conducted under the supervision of members of a judiciary organ."
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