Sunday, December 2, 2012

#Egypt's draft (controversial) constitution translated Article 101-150




's draft (controversial) constitution translated: (thanks & via )

Egypt's draft constitution translated









Article 101
The President of the Republic, the Cabinet, and every member of the House of Representatives shall have the right to propose laws.
Every draft law shall be referred to a specialist committee of the House of Representatives, which shall study it and submit a report.
Draft laws presented by members of the House of Representatives shall not be referred to that committee before being first endorsed by the Proposals Committee and approved for consideration by the House of Representatives. Reasons for rejection must be presented if the Proposals Committee does not endorse a proposal for consideration.
A draft law proposed by a member but rejected by the House of Representatives may not be presented again during the same legislative term.
Article 102
Neither of the Legislative Houses may pass a bill without seeking consultation.
Each Council has the right to apply amendments and break down existing clauses or suggested amendments.
Each bill passed by one of the Councils shall be passed on to the other, which in turn shall not delay it for more than 60 days, excluding the legislative recess. It shall not be considered a law unless passed by both Councils.
Article 103
In case of legislative dispute between the two Councils, a joint committee of 20 members shall be formed, 10 selected by each Council from among its members and based on the nominations of its General Committee. The joint committee shall then propose the wording of the disputed clauses.
The proposals are then presented to each Council; if an agreement is not reached, the case is taken to the House of Representatives to reach a decision based on a two-thirds majority vote.
Article 104
The House of Representatives shall notify the President of the Republic of any law passed for the President to issue the new law within 15 days from the date of receiving it. In case the President objects to the draft law, it must be referred back to the House of Representatives within 30 days.
If the draft law is not referred back within this period, or if it is approved again by a majority of two-thirds of the members, it shall be considered a law and shall be disseminated as such.
If it is not approved by the House of Representatives, it may not be presented in the same session before four months have passed from the date of the decision.
Article 105
Every member of the House of Representatives or Shura Council is entitled to address questions to the Prime Minister or any of his deputies or ministers concerning matters within their respective jurisdiction. They in turn shall be obliged to answer such questions.
The Member may withdraw the question at any time, and the same question may not be transformed into an interrogation within the same session.
Article 106
Any Member of either Council may propose to the Prime Minister, one of his deputies or a minister the discussion of a public issue.
Article 107
Any 20 members of the House of Representatives, or 10 of the Shura Council, may request the discussion of a public issue to obtain clarification on the government’s policy in its regard.
Article 108
Any Member of the House of Representatives or the Shura Council has the right to obtain data or information pertaining to their own performance at the Council, taking into account the provisions of Article 47 of the Constitution.
Article 109
Citizens may submit written proposals to either Council regarding public issues.
Citizens may also submit complaints to either Council to be referred to the relevant ministers. Based on the Council’s request, the minister may provide a clarification, and the citizen who issued the complaint shall be kept informed.
Article 110
The Prime Minister, his deputies, ministers and their deputies may attend the sessions and committees of the Councils. Their attendance may be obligatory if requested by either Council. They may be assisted by high-ranking officials of their choice.
They shall be heard whenever they request to speak; they shall answer questions pertaining to issues in discussion, but shall have no counted vote when votes are taken.
Article 111
Each Council accepts the resignation of its members, which must be submitted in writing, and to be accepted must not be submitted after a Council has started measure of revoking membership against the resigning Member.
Article 112
Membership of either Council may only be revoked if a Member has lost trust, status or any of the membership requirements that were prerequisites for their election, or if they have violated the duties of the membership.
Decision on revoking membership shall be issued by a majority of two-thirds of the Council in question.
Article 113
If the seat of a member becomes vacant at least six months before the end of term, the vacant position must be filled in accordance with the law within 60 days from the date the vacancy is first reported.
The term of the new Member shall be complementary to that of the predecessor.
Section 2: House of Representatives
Article 114
The House of Representatives shall have at least 350 members, elected by direct, secret public balloting.
A candidate for parliamentary elections must be an Egyptian citizen, enjoying civil and political rights, holder of a certificate of basic education, and 25 years old or older at the time of candidacy.
Other requirements of candidacy, the provisions for election, the fairly representative division of constituencies, shall be defined by law.
Article 115
The term of membership is five calendar years, commencing from the date of its first session.
Elections for a new House of Representatives shall be held during the 60 days preceding the end of term for the previous House of Representatives.
Article 116
The House of Representatives shall hold the legislative power, and be responsible for approving the general policy of the State, the public plan for economic and social development and the Overall Budget of the State. It shall exercise control over the work of the executive authority, in the manner prescribed by the Constitution.
The procedures for drafting the public plan for economic and social development, and presenting it to the House of Representatives, are determined by law.
Article 117
The Overall Budget of the state must include all revenue and expenditure without exception. The draft Overall Budget shall be submitted to the House of Representatives at least 90 days before the beginning of the fiscal year. It shall not be considered in effect unless approved thereby, and it shall be put to vote on a chapter-by-chapter basis.
The House of Representatives may modify the expenditures in the draft Budget, except those proposed to honor a specific liability. Should the modification result in an increase in total expenditure, the House of Representatives shall agree with the government on means to secure revenue resources to achieve the balance between revenues and expenditures. The Budget shall be issued in a law, which may include modification in any existing law to the extent necessary to realize such balance.
If the new budget is not approved before the beginning of the new fiscal year, the earlier budget shall remain in effect until the new budget has been approved.
The specifics of the fiscal year, the method of budget preparation, the provisions of the budgets of institutions, public bodies, and their accounts, shall be defined by law.
Article 118
The approval of the House of Representatives is necessary for the transfer of any funds from one chapter of the Budget to another, as well as for any expenditure not included therein or in excess of its estimates; the approval shall be issued in a law.
Article 119
The basic rules for collection of public funds and the procedure for their disbursement shall be regulated by law.
Article 120
The rules governing salaries, pensions, indemnities, subsides and bonuses taken from the State Treasury are regulated by law; so are the cases for exception from such rules, and the authorities in charge of their application.
Article 121
The Executive Authority shall not contract a loan, obtain a fund, or commit itself to a project entailing expenditure from the State Treasury for a subsequent period, except with the House of Representatives’ approval.
Article 122
The final account of the Overall Budget shall be submitted to the House of Representatives within a period not exceeding six months from the end of the fiscal year. The annual report of the Central Auditing Organization and the latter’s observations on the final account are to be attached.
The final account of the Overall Budget shall be put to vote on a chapter-by-chapter basis and shall be issued by a law.
The House of Representatives has the right to request from the Central Auditing Organization any additional data or pertinent reports.
Article 123
The House of Representatives may form a special committee or entrust one of its existing committees to examine the activities of any administrative department or institution or public enterprise, for the purpose of fact-finding regarding a specific issue and informing the House of Representatives of the actual financial, administrative or economic status, or for conducting investigations into a past activity; the House of Representatives shall decide on the appropriate course of action.
In order to carry out its mission, such a committee would be entitled to collect the evidence it deems necessary and to summon individuals for interviews. All executive and administrative bodies shall respond to demands by the committee and put under its disposal all the documents and evidence required.
Article 124
Members of the House of Representatives have the right to submit a request for information or for an urgent statement to the Prime Minister, to one of the Prime Minister’s deputies, or to a minister in urgent public matters of importance.
The government is obliged to respond.
Article 125
Every Member of the House of Representatives is entitled to address interpellations to the Prime Minister, the Prime Minister’s deputies, or to ministers concerning matters within their respective jurisdiction.
Debate on an interpellation shall take place at least seven days after its submission, except in cases of urgency as decided by the House of Representatives and with the government’s consent.
Article 126
The House of Representatives may decide to withdraw its confidence from the Prime Minister, a deputy of the Prime Minister, or any one of the ministers.
A motion of no confidence may be submitted only after an interpellation, upon proposal by one-tenth of the House of Representatives’ members. The House of Representatives should reach a decision within seven days from the date of debating the motion. Withdrawal of confidence needs a majority vote from the members of the House of Representatives.
In all case, a no confidence motion may not be passed in connection with an issue that had already been decided upon in the same juridical term.
If the House of Representatives decides to withdraw confidence from the Prime Minister or a minister, and the Cabinet announced its solidarity with him before the vote, then that Cabinet is obliged to offer its resignation. If the no confidence resolution concerns a certain member of the government, that member is obliged to resign their office.
Article 127
The President of the Republic may not dissolve the House of Representatives except by a causative decision and following a public referendum.
A House of Representatives may not be dissolved during its first annual session, nor for the same cause for which the immediately previous House of Representatives was dissolved.
To dissolve the House of Representatives, the President must issue a decision to suspend parliamentary sessions and hold a referendum within 20 days. If voters agreed with a valid majority on the dissolution, it shall be carried out. The President shall then call for early parliamentary elections to take place within 30 days from the date of the dissolution. The new House of Representatives shall convene within the 10 days following the completion of elections.
If no such majority agrees to the dissolution, the President of the Republic shall resign.
If, however, the referendum or elections do not take place within the specified time limit, the existing Parliament shall reconvene of its own accord on the day following the expiry of the time limit.
Section 3: Shura Council
Article 128
The Shura Council shall have at least 150 members, elected by direct secret ballot. The President of the Republic may appoint a number of members not exceeding one-tenth of the number of elected members.
Article 129
A candidate for the Shura Council must be an Egyptian citizen enjoying civil and political rights, a holder of a certificate of higher education, and, at the time of candidacy, at least 35 years old.
Other requirements of candidacy, the provisions for election, the division of constituencies, shall be defined by law.
Article 130
The term of membership of the Shura Council is six years, whereas renewed election and appointment of 50 percent of the total number of members, whether elected or appointed, is every three years, as defined by law.
Article 131
In the case of the dissolution of House of Representatives, the Shura Council shall carry out its joint legislative responsibilities. Any bills passed by the Shura Council during the period of House of Representatives’ dissolution shall be presented to the new House of Representatives for consideration as soon as it is convened.
In the absence of both Legislative Houses, and where there is a requirement for urgent measures, the President of the Republic may issue decrees that have the force of law, which shall then be presented to the House of Representatives and the Shura Council — as the case may be — within 15 days from the start of their sessions.
If such decrees were not presented to the Councils, or if they were presented but not approved, their force of law is retrospectively revoked, unless the Council affirms their validity for the previous period, or chooses to settle the consequent effects in some other manner.
Chapter Two: Executive Authority
Section 1: The President
Article 132
The President is the Head of State and chief of the executive authority. He looks after the interests of the people, safeguards the independence and territorial integrity of the motherland, and observes the separation between powers.
He carries out his responsibilities in the manner prescribed in the Constitution.
Article 133
The President of the Republic shall be elected for a period of four calendar years, commencing on the day the term of his predecessor ends. The President may be reelected only once.
The process of the presidential election begins at least 90 days before the end of the presidential term. The result is to be announced at least 10 days before the end of term.
The President of the Republic may not hold any partisan position for the duration of the presidency.
Article 134
A presidential candidate must be an Egyptian citizen born to Egyptian parents, must have carried no other citizenship, must have civil and political rights, cannot be married to a non-Egyptian, and at the time of nomination cannot be younger than 40 Gregorian years.
Article 135
A prerequisite for nomination to the presidency is a recommendation by at least 20 elected members of the House of Representatives and the Shura Council, or endorsements from at least 20,000 citizens who have the right to vote, in at least 10 governorates, with a minimum of 1,000 endorsements from each governorate.
No one shall be allowed to endorse more than one candidate, as shall be regulated by law.
Article 136
The President of the Republic is elected by direct secret ballot, with an absolute majority of valid votes. The procedures for electing the President of the Republic shall be regulated by law.
Article 137
Before assuming the presidential position, the President of the Republic shall take the following oath before the House of Representatives and the Shura Council: “I swear by Almighty God to loyally uphold the republican system, to respect the Constitution and the law, to fully look after the interests of the people and to safeguard the independence and territorial integrity of the motherland.”
In case the House of Representatives is dissolved, the oath is to be taken before the Shura Council.
Article 138
The finances of the President of the Republic are stipulated by law; the President shall not receive any other salary or remuneration, nor engage throughout the presidential term, whether in person or through an intermediary, in an independent profession or business, nor is the President allowed to buy or rent state property, nor lease or sell to or barter with the State any part of their own property, nor conclude a contract with the State as vendor, supplier or contractor.
The President must submit to the House of Representatives a financial disclosure upon taking office, upon leaving it, and at the end of each year.
If, in relation to the presidential post, the President should receive, in person or through an intermediary, cash or in-kind gifts, such gifts shall go into the State Treasury.
All of the above is subject to regulation by law.
Article 139
The President of the Republic appoints the Prime Minister, who shall be assigned by the President the task of forming the Cabinet and presenting it to the House of Representatives within 30 days. If the Cabinet is not granted parliamentary confidence, the President shall appoint another Prime Minister from the party that holds the majority of seats in the House of Representatives. If the Cabinet of that appointed Prime Minister does not obtain parliamentary confidence within a similar period, the House of Representatives then appoints a Prime Minister who shall be assigned by the President the task of forming a Cabinet, provided said Cabinet obtains parliamentary confidence within a similar period. Otherwise, the President of the Republic shall dissolve the House of Representatives and call the elections of a new House of Representatives within 60 days from the date the dissolution is announced.
In all cases, the sum of the periods set forth in this Article should not exceed 90 days.
In the case of dissolution of the House of Representatives, the Prime Minister shall present the Cabinet and its plan to the new House of Representatives at its first session.
Article 140
The President of the Republic, in conjunction with the Cabinet, shall lay out the public policy of the State and oversee its implementation, in the manner prescribed in the Constitution.
Article 141
The President of the Republic shall exercise presidential authority via the Prime Minister and the Prime Minister’s deputies and ministers, except those authorities related to defense, national security and foreign policy, and authorities outlined in Articles 139, 145, 146, 147, 148 and 149 of the Constitution.
Article 142
The President of the Republic may delegate some of the presidential purviews to the Prime Minister, the Prime Minister’s deputies, ministers or governors, in the manner regulated by law.
Article 143
The President of the Republic may call for Cabinet meetings to discuss important matters, shall preside over such meetings, and shall request reports about public affairs from the Prime Minister.
Article 144
The President of the Republic shall deliver a statement on the general policy of the State in a joint session of the House of Representatives and the Shura Council at the opening of their regular annual sessions.
The President may, when appropriate, make other statements or convey specific messages to either Council.
Article 145
The President of the Republic shall represent the State in foreign relations and shall conclude treaties and ratify them after the approval of the House of Representatives and the Shura Council. Such treaties shall have the force of law after ratification and publication, according to established procedures.
Approval must be acquired from both Legislative Houses with a two-thirds majority of their members for any treaty of peace, alliance, trade and navigation, and all treaties related to the rights of sovereignty or that make the State Treasury liable for any expenditures not included in its overall budget.
No treaty contrary to the provisions of the Constitution shall be approved.
Article 146
The President of the Republic shall be the Supreme Commander of the Armed Forces. The President is not to declare war, or send the Armed Forces outside State territory, except after consultation with the National Defense Council and the approval of the House of Representatives with a majority of its members.
Article 147
The President of the Republic shall appoint civil and military personnel and dismiss them, shall appoint diplomatic representatives and remove them, and shall confirm political representatives of foreign countries and organizations, as regulated by law.
Article 148
The President of the Republic shall declare, after consultation with the Cabinet, a state of emergency in the manner regulated by law. Such proclamation must be submitted to House of Representatives within the following seven days.
If the declaration takes place when the House of Representatives is not in session, a session is called for immediately. In case the House of Representatives is dissolved, the matter shall be submitted to the Shura Council, all within the period specified in the preceding paragraph. The declaration of a state of emergency must be approved by a majority of members of each Council. The declaration shall be for a specified period not exceeding six months, which can only be extended by another similar period upon the people’s approval in a public referendum.
The House of Representatives cannot be dissolved while a state of emergency is in place.
Article 149
The President of the Republic may issue a pardon or mitigate a sentence.
General amnesty may only be granted in a law.
Article 150
The President of the Republic may call for a referendum on important issues relating to the supreme interests of the State.
The result of a referendum shall be binding to all state authorities and the general public in all cases.