Constitution

Egypt 2012 Constitution

Table of Contents

Part V. Final and Transitional Provisions

Chapter 1. Amendments to the Constitution

Article 217. Preliminary procedures

The amendment of one or more of the Constitution articles may be requested by the President of the Republic or the Council of Representatives. The request specifies the articles to be amended and the reasons for the amendments, and if initiated by the Council of Representatives is signed by at least five members of the Council of Representatives.

In all cases, the Council of Representatives and Shura Council debate the request within 30 days from the date of its receipt. Each council issues its decision to accept the request in whole or in part by two- thirds majority of its members.

If the request is rejected, the same amendments may not be requested again before the next legislative term.

Article 218. Parliamentary approval and referendum

If the amendment request is approved by both chambers, each of them discusses the text of the articles to be amended within 60 days from the date of approval. If approved by a two-thirds majority of each chamber, the amendment is put to public referendum within 30 days from the date of approval.

The amendment is effective from the date on which the referendum’s result is announced.

Chapter 2. General Provisions

Article 219. Principles of Islamic Sharia

The principles of Islamic Sharia include general evidence, foundational rules, rules of jurisprudence, and credible sources accepted in Sunni doctrines and by the larger community.

Article 220. Capital

Cairo is the capital of the state. The capital may be moved by law.

Article 221. National flag

The national flag, the state’s emblem, decorations, insignia, seal and the national anthem are defined by law.

Article 222. Validity of existing law

Provisions stipulated by laws and regulations prior to the proclamation of this Constitution remain valid and in force. They may not be amended or repealed except in accordance with the regulations and procedures prescribed in the Constitution.

Article 223. Promulgation of laws

Laws are published in the Official Gazette within 15 days from the date of their issuance, to be effective 30 days from the day following the date of publication, unless the law specifies a different date.

Provisions of the laws apply only from the date of their enforcement and have no retroactive effect. However, with the approval of a two-thirds majority of the members of the Council of Representatives, provisions to the contrary may be made in articles pertaining to non-criminal and non-tax-related matters.

Article 224. Electoral system

Elections of the Council of Representatives, Shura Council and local councils are held in accordance with the system of individual candidacy, a list-based system, a combination of the two, or any other electoral system defined by law.

Article 225. Entry into force

This Constitution is in force as of the date of announcing the public approval of it in a referendum, based on a majority of valid votes of the referendum participants.

Chapter 3. Transitional Provisions

Article 226. Presidential term

The current presidential term comes to an end four years from the date of the President taking office. He may only be re-elected only once.

Article 227. End of terms

Every position for which a limited term is stipulated in the Constitution or by law, whether a non- renewable or renewable once, is calculated from the date the position was assumed. The term of office also expires if the person in office reaches the retirement age as prescribed by law.

Article 228. High Electoral Committee

The High Electoral Committee, existing at the time this Constitution comes into effect, undertakes the full supervision of the first parliamentary elections. The funds of the Committee and of the High Presidential Elections Committee are transferred to the National Electoral Commission, as soon as the latter is formed.

Article 229. First parliamentary elections

Procedures for the first parliamentary elections begins within 60 days of this Constitution coming into effect, the first legislative term held within 10 days from the date of announcing the final result of the elections. Workers and farmers shall be represented in this council by not less than 50% of its members. A worker is defined as anyone who is employed by another for a wage or salary. A farmer is anyone whose occupation has been in agriculture for at least ten years prior to his candidacy for parliament. The law shall specify the rules and conditions necessary for consideration as a worker or farmer.

Article 230. Existing Shura Council

The existing Shura Council assumes full legislative authority until the new Council of Representatives is formed. Full legislative authority will then be transferred to the Council of Representatives, until the election of a new Shura Council, which occurs within six months from the start of the Council of Representatives’ session.

Article 231. First legislative elections

The first legislative elections following the adoption of this Constitution are held in the following manner: two-thirds of the seats are to be won by a list-based electoral system and one-third by individual candidacy, with parties and independent candidates allowed to run in each.

Article 232. Leaders of the National Democratic Party

The leadership of the dissolved National Democratic Party are banned from political work and prohibited to run for presidential or legislative elections for a period of 10 years from the date of the adoption of this Constitution. The term ‘leadership’ is designed to include everyone who, on 25 January 2011, was a member of the Secretariat of the Party, the Policies Committee or the Political Bureau, or anyone who was a member of the People’s Assembly or the Shura Council during the two legislative terms preceding the Revolution.

Article 233. Composition of the Supreme Constitutional Court

The Supreme Constitutional Court, after this Constitution enters into force, shall be composed of its current head and its ten most senior members. The rest of the members shall return to the posts that they occupied prior to their appointment to the Court.

Article 234. Appeals against criminal convictions

The law on appeals of criminal convictions that is mentioned in paragraph three of Article 77 of the Constitution will apply one year after the Constitution has come into force.

Article 235. Existing local administration system

The existing Local Administration system shall remain in place, and the system laid down in this Constitution applied gradually over the 10 years following from the date of its adoption.

Article 236. Constitutional declarations

Constitutional declarations issued by the Supreme Council of the Armed Forces and by the President of the Republic from 11 February 2011 to the date of the adoption of this Constitution are hereby repealed. Their consequent effects remain valid and in force and may not be appealed.