Sunday, December 2, 2012

#Egypt's draft (controversial) constitution translated Article 151-200


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

Egypt's draft constitution translated









Article 151
For the President of the Republic to resign, a letter of resignation must be presented to the House of Representatives.
Article 152
A charge of felony or treason against the President of the Republic is to be based on a motion signed by at least one-third of the members of the House of Representatives. An impeachment is to be issued only by a two-thirds majority of the members of the House of Representatives.
As soon as an impeachment decision has been issued, the President of the Republic shall cease all work; this shall be treated as a temporary obstacle preventing the President from carrying out presidential duties until a verdict is reached.
The President of the Republic shall be tried before a special court headed by the President of the Supreme Constitutional Court, the longest-serving Deputy of the President of the Court of Cassation and the State Council, and the two longest-serving presidents of the Court of Appeals; the prosecution to be carried out before such court by the Prosecutor General.
The prosecution, trial procedure and penalty are regulated by law. In the case of conviction, the President of the Republic shall be relieved of his post, without prejudice to other penalties.
Article 153
If on account of a temporary obstacle, the President of the Republic is rendered unable to carry out the presidential functions, the Prime Minister shall act in his place.
If the Presidential office becomes vacant, due to resignation, death, permanent inability to work or any other reason, the House of Representatives shall announce the vacancy and notify the Presidential Elections Commission. The Speaker of the House of Representatives shall temporarily assume the presidential authorities.
The Shura Council and its Speaker replace the House of Representatives and its Speaker in the above in cases in which the House of Representatives is dissolved.
In all cases, a new president must be elected during a period not exceeding 90 days from the date the office became vacant.
The person acting in place of the President is not allowed to run for office, request any amendment to the Constitution, dissolve the Parliament or dismiss the Cabinet.
Article 154
If the vacancy of the presidential office occurs at the same time that a referendum or the election of either the House of Representatives or the Shura Council is being held, precedence shall be given to the presidential elections. The existing Parliament shall continue in place until the completion of the presidential elections.
Section 2: The Cabinet
Article 155
The Cabinet consists of the Prime Minister, the Prime Minister’s deputies and the ministers.
The Prime Minister heads the Cabinet, oversees its work, and directs it in the performance of its functions.
Article 156
A person appointed to the position of Prime Minister or any other position in the Cabinet must be an Egyptian citizen, enjoying civil and political rights, over the age of 30, and not having carried the citizenship of any other country unless renounced within a year of reaching the age of eighteen.
It is prohibited hold a position in the Cabinet in addition to membership in either the House of Representatives or the Shura Council; if a House or Council Member is appointed to government, their place in Parliament is vacated and the provisions of Article 113 of the Constitution are applied.
Article 157
Before assuming their duties, the Prime Minister and members of the Cabinet shall take the following oath before the President of the Republic: “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.”
Article 158
The finances of the Prime Minister and members of Cabinet are stipulated by law; they shall not receive any other salary or remuneration, nor engage throughout the term of their posts, whether in person or through an intermediary, in independent professions or business, nor are they 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 vendors, suppliers or contractors.
A member of Cabinet must submit a financial disclosure to the House of Representatives upon taking office, upon leaving it and at the end of each year.
If, in relation to their posts, they should receive cash or in-kind gifts, such gifts shall go into the State Treasury. All of the above is subject to regulation by law.
Article 159
The Cabinet shall exercise the following functions in particular:
1. Collaborate with the President of the Republic in laying down the public policy of the State and overseeing its implementation.
2. Direct, coordinate and follow up on the work of the ministries and their affiliated public bodies and organizations.
3. Prepare draft laws and decrees.
4. Issue administrative decisions in accordance with the law, and monitor their implementation.
5. Prepare the draft Overall Budget of the State.
6. Prepare the draft economic and social development plan of the state.
7. Contract and grant loans in accordance with the provisions of the Constitution.
8. Supervise the implementation of laws, maintain state security and protect the rights of the citizens and the interests of the State.
Article 160
The Minister shall draw up the ministry’s general policy, supervise its implementation and offer guidance and control, in the framework of the State’s public policy.
Article 161
A member of the Cabinet may make a statement before the House of Representatives, the Shura Council, or one of their committees, concerning any matters within the scope of his purview.
The Council or committee may discuss such a statement and convey its position regarding it.
Article 162
The Prime Minister shall issue necessary regulations for the enforcement of laws, in such a manner that does not involve any disruption, modification, or exemption from their enforcement, and shall have the right to vest others with authority to issue them, unless the law designates who should issue the necessary regulations for its own implementation.
Article 163
The Prime Minister shall issue the regulations necessary for the creation and organization of public services and facilities upon the Cabinet’s approval. The House of Representatives’ approval is required, if such regulations result in new expenditures in the Overall Budget of the State.
Article 164
The Prime Minister shall issue regulations of discipline upon the Cabinet’s approval.
Article 165
The authority in charge of the appointment and dismissal of civil servants, the functions of the main positions, and the responsibilities, rights and securities of employees, is regulated by law.
Article 166
The President of the Republic, the Prosecutor General, and the House of Representatives, with a motion signed by one-third of its members, have the right to accuse the Prime Minister or any of the members of the Cabinet concerning crimes committed during their term of office or in relation to their work.
In all cases, charges can only be brought with the approval of two-thirds of the members of the House of Representatives. An accused member of Cabinet is relieved of their post until a verdict is reached. The end of their term of service does not preclude the start or resumption of prosecution.
Article 167
For the Cabinet or one of its members to resign, a letter of resignation must be presented to the President of the Republic.
Chapter Three: The Judicial Authority
Section 1: General Provisions
Article 168
The Judicial Authority shall be independent, vested in the courts of justice, which shall issue their judgments in accordance with the law. It’s powers are defined by law. Interference in the affairs of the judiciary is a crime that is not forfeited by the passing of time.
Article 169
Every judiciary body shall administer its own affairs; each shall have an independent budget and be consulted on the draft laws governing its affairs, by the means that are regulated by law.
Article 170
Judges are independent, cannot be dismissed, are subject to no other authority but the law, and are equal in rights and duties.
The conditions and procedures for their appointment and disciplinary actions against them are defined and regulated by the law. When delegated, their delegation shall be absolute, to the destinations and in the positions defined by the law, all in a manner that preserves the independence of the judiciary and the accomplishment of its duties.
Article 171
Sessions in court shall be public, unless, in consideration of public order or morals, the court deems them confidential. In all cases, the verdict shall be given in an open session.
Section 2: The Judiciary and Public Prosecution
Article 172
The judiciary adjudicates in all disputes and crimes except for matters that are to be decided by another judicial body. The judiciary settles any disputes relating to the affairs of its members.
Article 173
The Public Prosecution is an integral part of the judiciary, to investigate, press and follow charges in all criminal cases except what is exempted by law. Other competencies are defined by law.
The Public Prosecution is conducted by a Prosecutor General appointed by the President of the Republic, based on the selection of the Supreme Judicial Council from among the Deputies to the President of the Court of Cassation, the Presidents of the Court of Appeals and Assistant Prosecutor Generals, for a period of four years, or for the period remaining until retirement age, whichever comes first, and only once during a judge’s career.
Section 3: The State Council
Article 174
The State Council is an independent judicial body that exclusively undertakes adjudicating in administrative disputes and disputes pertaining to the implementation of its decisions. It also undertakes disciplinary proceedings and appeals, adjudicates in legal issues to be determined by law, reviews and drafts bills and resolutions of legislative character referred to it, and reviews contracts to which the State is a party.
Other competencies to be determined by law.
Section 4: The Supreme Constitutional Court
Article 175
The Supreme Constitutional Court is an independent judicial body, seated in Cairo, which exclusively undertakes the judicial control of the constitutionality of the laws and regulations.
The law defines other competencies and regulates the procedures to be followed before the court.
Article 176
The Supreme Constitutional Court is made up of a president and ten members. The law determines judicial or other bodies that shall nominate them and regulates the manner of their appointment and requirements to be satisfied by them. Appointments take place by a decree from the President of the Republic.
Article 177
The President of the Republic or Parliament shall present draft laws governing presidential, legislative or local elections before the Supreme Constitutional Court, to determine their compliance with the Constitution prior to dissemination. The Court shall reach a decision in this regard within 45 days from the date the matter is presented before it; otherwise, the proposed law shall be considered approved.
If the Court deems one or more parts of the text non-compliant with the provisions of the Constitution, its decision shall be implemented.
The laws referred to in the first paragraph are not subject to the subsequent control stipulated in Article 175 of the Constitution.
Article 178
The Official Gazette shall publish verdicts issued by the Supreme Constitutional Court and decisions pertaining to preemptive control of draft laws governing presidential, legislative or local elections.
The effects of a decision on the unconstitutionality of a legislative text are regulated by law.
Section 5: Judicial Bodies
Article 179
State Affairs is an independent judicial body; it undertakes legal representation of the State in disputes, and technical supervision of legal affairs departments within State Administration.
It shall be responsible for the drafting of contracts and the settling of disputes to which the State is a party, in the manner regulated by law.
Other competencies shall be defined by law.
Its members share immunities, securities, rights and duties assigned to other members of the judiciary.
Article 180
The Administrative Prosecution is an independent judicial body; it investigates financial and administrative irregularities, raises disciplinary proceedings before the courts of the State Council and follows up on them, and takes legal action to address deficiencies in public facilities. Other competencies shall be defined by law.
Its members share immunities, securities, rights and duties assigned to other members of the judiciary.
Section 6: Judicial Officers
Article 181
The legal profession is a free profession and a cornerstone of justice. Lawyers shall be autonomous in practicing their profession and shall be safeguarded by guarantees that protect them and enable them to carry out their work, in the manner regulated by law.
Article 182
Officers at the Real Estate Publicity Department, forensic experts and judicial experts shall enjoy technical autonomy in their work.
Chapter Four: Local Administration
Section 1: Local administrative division of the State
Article 183
The State is divided into administrative units that are considered as judicial persons and include governorates, provinces, cities, districts and villages. One administrative unit may comprise more than one village or district. Other administrative units that are judicial persons may be established, all as regulated by law, in a manner that supports decentralization, empowering administrative units in providing local services and facilities, improving them and managing them well.
Article 184
The State shall provide what the Local Unit should need in terms of technical, administrative and financial assistance, shall ensure equitable distribution of facilities, services and resources, and shall work to bring development levels and living standards in these units to a common standard, as regulated by law.
Article 185
The income of Local Units shall include additional taxes and fees of local nature. The Unit shall follow the same rules and procedures in the collection of public funds as followed by the State. All of the above shall be regulated by law.
Article 186
The law regulates cooperation between Local Units in matters of mutual benefit and means of cooperation between Local Units and the state apparatus.
Article 187
The law regulates the manner of selecting governors and heads of other local administrative units, and defines their jurisdiction.
Section 2: Local Councils
Article 188
Every Local Unit shall elect a Local Council by direct, secret ballot for a term of four years.
Representatives from the executive apparatus of the Local Unit shall form part of the Council but have no counted vote.
Every Council elects its President and Deputy from among its elected members.
Conditions and procedures for nomination and election are regulated by law.
Article 189
The Local Council shall be concerned with the issues that matter in the Unit it represents and shall create and manage local facilities — economic, social and health-related — and other activities, in the manner regulated by law.
Article 190
The Local Council decisions issued within the limits of its jurisdiction are final and not subject to interference from the executive authorities, except to prevent the Council from overstepping limits, or causing damage to public interest or the interests of other Local Councils.
Any dispute over the jurisdiction of a Local Council shall be dealt with as a matter of urgency by the Legislation Department of the State Council, all in the manner regulated by law.
Article 191
Every Local Council shall be in charge of its own budget and final accounts, in the manner regulated by law.
Article 192
It is prohibited to dissolve Local Councils as part of a comprehensive administrative procedure. The manner to dissolve and reelect any one of them shall be regulated by law.
Chapter Five: National Security and Defense
Section 1: The National Security Council
Article 193
The National Security Council shall be created, presided over by the President of the Republic and including in its membership the Prime Minister, the Speakers of the House of Representatives and the Shura Council, the Minister of Defense, the Minister of Interior, the Minister of Foreign Affairs, the Minister of Finance, the Minister of Justice, the Minister of Health, the Chief of the General Intelligence Services, and the Heads of the Committees of Defense and National Security in the House of Representatives and the Shura Council.
The Council shall invite whoever is seen as being of relevant expertise to attend its meetings without having their votes counted.
The Council adopts strategies for establishing security in the country; facing disasters and crises of all kinds and taking necessary measures to contain them; and identifying sources of threat to Egyptian national security, whether at home or abroad, and undertaking necessary actions to address them on the official and popular levels.
Other competencies and regulations are defined by law.
Section 2: The Armed Forces
Article 194
The Armed Forces shall belong to the people. Their duty is to protect the country, and preserve its security and territories. It is the State alone that shall create these forces. No individual, entity, organization or group is allowed to create military or para-military structures, bands, or organizations.
The Armed Forces shall have a Supreme Council as regulated by law.
Article 195
The Minister of Defense is the Commander in Chief of the Armed Forces, appointed from among its officers.
Article 196
The law regulates public mobilization and defines the conditions of service, promotion and retirement in the Armed Forces.
The Judicial Committees for the officers and personnel of the Armed Forces are alone responsible for adjudicating in all administrative disputes pertaining to decisions affecting them.
Section 3: The National Defense Council
Article 197
A National Defense Council shall be created, presided over by the President of the Republic and including in its membership the Speakers of the House of Representatives and the Shura Council, the Prime Minister, the Minister of Defense, the Minister of Foreign Affairs, the Minister of Finance, the Minister of Interior, the Chief of the General Intelligence Service, the Chief of Staff of the Armed Forces, the Commander of the Navy, the Air Forces and Air Defense, the Chief of Operations for the Armed Forces and the Head of Military Intelligence.
The President of the Republic may invite whoever is seen as having relevant expertise to attend the Council’s meetings without having their votes counted.
The Council is responsible for matters pertaining to the methods of ensuring the safety and security of the country and to the budget of the Armed Forces. It shall be consulted about draft laws related to the Armed Forces. Other competencies are to be defined by law.
Section 4: The Military Judiciary
Article 198
The Military Judiciary is an independent judiciary that adjudicates exclusively in all crimes related to the Armed Forces, its officers and personnel; in crimes pertaining to military service which occur within military facilities; or crimes relating to Armed Forces facilities, equipment or secrets.
Civilians shall not stand trial before military courts except for crimes that harm the Armed Forces. The law shall define such crimes and determine the other competencies of the Military Judiciary.
Members of the Military Judiciary are autonomous and cannot be dismissed. They share the immunities, securities, rights and duties stipulated for members of other judiciaries.
Section 5: The Police
Article 199
The Police force is a statutory civil body with the President of the Republic as its Supreme Chief. It shall perform its duty in the service of the people, its loyalty being to the Constitution and the law, and its responsibilities to preserve order, public security and morality, to implement laws and regulations, and to safeguard the peace, dignity, rights and freedoms of citizens, all as regulated by law and in a manner that enables Police personnel to carry out their duties.
PART IV: INDEPENDENT BODIES AND REGULATORY AGENCIES
Chapter One: Common provisions
Article 200
Independent bodies and regulatory agencies that are defined in the Constitution have judicial personality, neutrality, and technical, administrative and financial autonomy.
Additional independent bodies and regulatory agencies are defined by the law.
These independent bodies and agencies shall be consulted about draft laws and regulations that relate to their fields of operation.