The National Progressive Unionist Grouping, the Wafd and the Nasserist Parties believe it necessary that all players on Egypt’s political scene should take part in the process of modernizing the country’s Constitution. They deem it essential to participate in the debate currently on-going with the purpose of underlining the need for power separation, regulating control of the Executive, enhancing Parliament’s powers of monitoring and paving the way for power-sharing.

Following are the articles over which the three parties adopt a united stance:

The three parties agree that the whole of PART THREE (Articles 40 to 63) dealing with PUBLIC FREEDOMS, RIGHTS AND DUTIES should remain intact.

Article 74

“If any danger threatens the national unity or the safety of the homeland 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 adoption.”

The three parties deem it essential to abolish Article 74, which entitles the President to taking urgent measures in cases of danger threatening national unity or the country’s safety or of obstacles encumbering the Constitutional role of State institutions.

Article 76

“The President shall be elected by direct, public, secret ballot. For an applicant to be accepted as a candidate to 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 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 consecutive 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 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 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 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 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 date of issuance.”

The three parties believe it necessary to amend Article 76 so as to guarantee that the conditions of presidential candidacy, while serious, are not restrictive.

Article 77

“The term of the Presidency is six Gregorian years starting from the date of the announcement of the result of the plebiscite.

“The President of the Republic may be re-elected for other successive terms.”

The three parties seek to restore Article 77 to its original text before the 1980 amendment, thus confining the re-election of the President to just one term.

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.”

The three parties reject any and all attempts at removing the Judiciary from supervising elections.

Article 89

“Employees of the State and of the public sector nominate themselves for membership in the People's Assembly.

“The member of the People’s Assembly shall devote himself to membership in the Assembly except in cases specified by law.

“His post or work shall be held over for him in accordance with the provisions of the law.”

The three parties deem it necessary to amend Article 89 so that employees of the government and the public sector, who are members of Parliament, are completely devoted to their work in the chambers, thereby attesting to the principle of separation of powers.

Article 93

“The People's Assembly shall be the only authority competent to decide upon the validity of its members. “A Court of Cassation shall be competent to investigate the validity of contestation presented to the Assembly, on being referred to it by the President of the Assembly.

“The contestation shall be referred to the Court of Cassation within fifteen days as from the date on which the Assembly was informed of it, 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.

“The membership will not be deemed invalid except by a decision taken by a majority of two-thirds of the Assembly members.”

The three parties agree that only courts of law (the Court of Cassation or the Supreme Administrative Court) may determine Parliament membership validity. The Speaker of the People’s Assembly should refer all validity complaints to the courts, which should return a final ruling within a given period of time starting from the date of referral.

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.”

The three parties seek to have Article 115 amended so that the People’s Assembly may have a say in drafting the State Budget. Should such amendment, if effected, trigger an increase in public spending, the Assembly should find the financial sources to fund it.

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.”

The three parties seek to have Article 127 amended so that withdrawing confidence from the government DOES NOT depend solely on the President’s approval or on public referendum.

Article 137

“The President of the Republic shall assume executive power and shall exercise it in the manner stipulated in the Constitution.”

Article 138

“The President of the Republic in conjunction with the government, shall lay down the general policy of the State and supervise its implementation in the manner prescribed in the Constitution.”

The three parties seek to have Articles 137 and 138 incorporated and press that that the Executive Authority is handled by the President in cooperation with the cabinet.

Article 147

“In case it becomes necessary, during the recess between the sessions of the People's Assembly, to take measures which cannot suffer delay, the President of the Republic shall issue decisions in their respect, which shall have the force of law.

“Such decisions must be submitted to the People's Assembly within fifteen days from their date of issuance if the Assembly is standing.

“In case of dissolution or recess of the Assembly, they shall be submitted at its first meeting.

“In case they are not submitted, their force of law disappears with retroactive effect, without need for issuing a decision to this effect.

“If they are submitted and are not ratified, their force of law disappears with retroactive effect, unless the Assembly ratifies their validity in the previous period or settling their effects in another way.”

The three parties seek to have Article 147 amended so that the President is forced to have the approval of the cabinet and the secretariats of both the People’s Assembly and Shura Council, in the case they are not in session, before taking urgent measures that cannot suffer delay.

Article 148

“The President of the Republic shall proclaim a state of emergency in the manner prescribed by the law. “Such proclamation must be submitted to the People's Assembly within the subsequent fifteen days in order that the Assembly may take a decision thereon.

“In case the People's Assembly is dissolved, the matter shall be submitted to the new Assembly at its first meeting.

“In all cases, the proclamation of the state of emergency shall be for a limited period, which may not be extended unless by approval of the Assembly.”

The three parties seek to have the President request Cabinet approval for declaring a state of emergency. The President should also submit the matter for review by the Shura Council in case the People’s Assembly is not in session. The duration of the state of emergency should be six months extendable for a similar period pending People’s Assembly approval.

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.”

To uphold the independence of the Judiciary, the three parties agree to abolish the Supreme Council of Judicial Authorities.

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 behaviour.

“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.”

The three parties agree to abolish the position of the Socialist Public Prosecutor with the purpose of regularizing justice and normalizing litigation.

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.

The three parties seek to grant the Shura Council specific legislative authorities.

They further demand that an article be incorporated discriminating in favor of women to help them participate effectively in political life. They also call for introducing an article to endorse proportional representation as the country’s election system.