Constitution
of the Arab Republic of Egypt
PART ONE
THE STATE
Article 1
1 :
The Arab Republic of Egypt is
a Socialist Democratic 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 2 2
:
Islam is the Religion of the
State. Arabic is its official language, and the principal source of legislation
is Islamic Jurisprudence (Sharia).
Article 3:
Sovereignty is for the people
alone who will practise and protect this sovereignty and safeguard national
unity in the manner specified by the Constitution
Article 4 3
:
The economic foundation of
the Arab Republic of Egypt is the socialist democratic system based on
sufficiency and justice, in a manner preventing exploitation, narrowing the gap
between incomes, protecting legitimate earnings and guaranteeing justice in the
distribution of public responsibilities and expenditures .
Article 5 4
:
The political regime of the
Arab Republic of Egypt is based upon the multi-party system within the framework
of the basic principles and components of the Egyptian society stipulated by the
Constitution .
Political parties shall be
organized by law .
Article 6:
Egyptian Nationality is
defined by law
PART TWO
BASIC CONSTITUENTS OF THE SOCIETY
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CHAPTER I
Social and Moral Constituents
Article 7 :
Social solidarity is the
basis of society .
Article 8 :
The State shall guarantee
equality of opportunity to all Egyptians .
Article 9 :
The family is the basis of
the society founded on religion, morality and patriotism.
The State is keen to preserve
the genuine character of the Egyptian family- with all values and traditions
represented by it- while affirming and promoting this character in the interplay
of relations within the Egyptian society.
Article 10 :
The State shall guarantee the
protection of motherhood and childhood, look after children and youth and
provide the suitable conditions for the development of their talents.
Article 11 :
The State shall guarantee
coordination between woman’s duties towards her family and her work in the
society, considering her equal to man in the political, social, cultural and
economic spheres without detriment to the rules of Islamic jurisprudence
(Sharia).
Article 12:
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, the historical heritage of the people, scientific facts, socialist
conduct and public manners within the limits of the law.
The State is committed to
abiding by these principles and promoting them.
Article 13 :
Work is a right, a duty and
an honour ensured by the State. Distinguished workers shall be worthy of the
appreciation of the State and the society. No work shall be imposed on citizens,
except by virtue of the law, for the performance of a public service and in
return for a fair remuneration.
Article 14 :
Citizens are entitled to
public offices, which are assigned to those who shall occupy them in the service
of people. The State guarantees the protection of public officers in the
performance of their duties in safeguarding the interests of the people. They
may not be dismissed by other than the disciplinary way except in the cases
specified by the law.
Article 15 :
War veterans and those
injured during wars or because of them , martyrs’ wives and children shall
have priority in work opportunities according to the law.
Article 16 :
The State shall guarantee
cultural, social and health services and shall work to ensure them particularly
for villagers in an easy and regular manner in order to raise their standard .
Article 17 :
The State shall guarantee
social and health insurance services. All citizens shall have the right to
pensions in cases of incapacity, unemployment, and old-age in accordance with
the law.
Article 18 :
Education is a right
guaranteed by the State. It is obligatory in the primary stage. The State shall
work to extend obligation to other stages. The State shall supervise all
branches of education and guarantee the independence of universities and
scientific research centers, with a view to linking all this with the
requirements of society and production.
Article 19 :
Religious education shall be
a principal subject in the courses of general education.
Article 20 :
Education in the State:
Educational institutions shall be free of charge in their various stages.
Article 21 :
Combating illiteracy shall be
a national duty for which all the people’s capacity shall be mobilized.
Article 22 :
The institution of civil
titles shall be prohibited.
CHAPTER II
Economic Constituents
Article 23 :
The national economy shall be
organised in accordance with a comprehensive development plan which ensures
raising the national income, fair distribution, raising the standard of living,
solving the problem of unemployment, increasing work opportunities, connecting
wages with production, fixing a minimum and maximum limit for wages in a manner
that guarantees lessening the disparities between incomes
Article 24 :
The people shall control all
means of production and direct their surplus in accordance with development plan
laid down by the State.
Article 25 :
Every citizen shall have a
share in the national revenue to be defined by law in accordance with his work
or his unexploiting ownership .
Article 26 :
Workers shall have a share in
the management and profits of projects . They shall be committed to the
development of production and the implementation of the plan in their production
units, in accordance with the law. Protecting the means of production is a
national duty .
Workers shall be represented
on the boards of directors of the public sector units by at least 50% of the
number of members of these boards. The law shall guarantee for the small farmers
and small craftsmen 80%of the membership on the boards of directors of the
agricultural and industrial co-operatives.
Article 27 :
Beneficiaries shall
participate in the management of the services projects of public interest and
their supervision in accordance with the law .
Article 28 :
The State shall look after
the co-operative establishments in all their forms and encourage handicrafts
with a view to developing production and raising income .
The State shall endeavour to
support agricultural co-operatives according to modern scientific bases.
Article 29 :
Ownership shall be under the
supervision of the people and the protection of the State. There are three kinds
of ownership: public ownership, co-operative ownership and private ownership.
Article 30 :
Public ownership is the
ownership of the people and it is confirmed by the continuous support 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 31 :
Co-operative ownership is the
ownership of the co-operative societies. The law shall guarantee its protection
and self-management.
Article 32 :
Private ownership shall be
represented by the unexploiting capital. The law shall organize the performance
of its social function in the service of the national economy within the
framework of the development plan, without deviation or exploitation. The ways
of its utilization should not contradict the general welfare of the people.
Article 33 :
Public ownership shall have
its sanctity. Its protection and support shall be 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 for the
people.
Article 34 :
Private ownership shall be
safeguarded and may not be placed under sequestration except in the cases
defined by law and in accordance with a judicial decision . It may not be
expropriated except for the general good and against a fair compensation as
defined by law. The right of inheritance shall be guaranteed in it .
Article 35 :
Nationalization shall not be
allowed except for considerations of public interest and in accordance with a
law and against a compensation.
Article 36 :
General confiscation of funds
shall be prohibited . Private confiscation shall not be allowed except by a
judicial decision.
Article 37 :
The law shall fix the maximum
limit of land ownership with a view to protecting the farmer and the
agricultural labourer from exploitation and asserting the authority of the
alliance of the people’s working forces in villages.
Article 38 :
The tax system shall be based
on social justice
Article 39 :
Saving is a national duty
protected, encouraged and organized by the State.
PART THREE
PUBLIC FREEDOMS, RIGHTS AND DUTIES
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Article 40:
All
citizens are equal before the law. They have equal public rights and duties
without discrimination due to sex, ethnic origin, language, religion or creed.
Article 41:
Individual
freedom is a natural right not subject to violation except in cases of flagrante
delicto. No person may be arrested, inspected, detained or have his freedom
restricted in any way or be prevented from free movement except by an order
necessitated by investigations and the preservation of public security. This
order shall be given by the competent judge or the Public Prosecution in
accordance with the provisions of the law.
Article 42:
Any
citizen arrested, detained or whose freedom is restricted shall be treated in a
manner concomitant with the preservation of his dignity. No physical or moral
harm is to be inflicted upon him. He may not be detained or imprisoned except in
places defined by laws organizing prisons.
If
a confession is proved to have been made by a person under any of the
aforementioned forms of duress or coercion, it shall be considered invalid and
futile .
Article 43:
Any
medical or scientific experiment may not be performed on any person without his
free consent.
Article 44:
Homes
shall have their sanctity and they may not be entered or inspected except by a
causal judicial warrant as prescribed by the law.
Article 45:
The
law shall protect the inviolability of the private life of citizens.
Correspondence,
wires, telephone calls and other means of communication shall have their own
sanctity and their secrecy shall be guaranteed. They may not be confiscated or
monitored except by a causal judicial warrant and for a definite period and
according to the provisions of the law.
Article 46:
The
State shall guarantee the freedom of belief and the freedom of practising
religious rights.
Article 47:
Freedom
of opinion shall be guaranteed. Every individual shall have the right to express
his opinion and to publicise it verbally, in writing, by photography or by other
means of expression within the limits of the law. Self criticism and
constructive criticism shall guarantee the safety of the national structure .
Article 48:
Liberty
of the press, printing, publication and mass media shall be guaranteed .
Censorship on newspapers shall be forbidden as well as notifying, suspending or
cancelling them by administrative methods.
In
a state of emergency or in time of war, a limited censorship maybe imposed on
the newspapers, publications and mass media in matters related to public safety
or for purposes of national security in accordance with the law .
Article 49:
The
State shall guarantee for citizens the freedom of scientific research and
literary, artistic and cultural creativity and provide the necessary means for
encouraging their realization.
Article 50:
No
citizen shall be prohibited form residing in any place or be forced to reside in
a particular place except in cases defined by law.
Article 51:
No
citizen may be deported from the country or prevented from returning to it.
Article 52:
Citizens
shall have the right to permanent or temporary emigration The law shall regulate
this right and the measures and conditions of emigration.
Article 53:
The
right to political asylum shall be granted by the State to every foreigner
persecuted for defending the people’s interests, human rights, peace or
justice .
The
extradition of political refugees shall be prohibited.
Article 54:
Citizens
shall have the right to peaceful and unarmed private assembly, without the need
for prior notice.
Such private meetings should not be attended by security men.
Public
meetings, processions and gatherings shall be allowed within the limits of the
law.
Article 55:
Citizens
shall have the right to form societies as defined by law. The establishment of
societies whose activities are hostile to the social system, clandestine or have
a military character shall be prohibited.
Article 56:
The
creation of syndicates and unions on democratic basis shall be guaranteed by law
and shall have a legal person.
The
law regulates the participation of syndicates and unions in carrying out the
social plans, and programmes raising the standard of efficiency, consolidating
socialist behaviour among their members, and safeguarding their funds.
They
are responsible for questioning their members about their behaviour in
exercising their activities according to certain codes of morals, and for
defending the rights and liberties of their members as defined by law.
Article 57:
Any
assault on individual freedom or on the inviolability of the private life of
citizens and any other public rights and liberties guaranteed by the
Constitution and the law shall be considered a crime, whose criminal and civil
lawsuit is not liable to prescription. The State shall grant a fair compensation
to the victim of such an assault.
Article 58:
Defence
of the motherland is a sacred duty and conscription shall be obligatory in
accordance with the law.
Article 59:
Safeguarding,
consolidating and preserving the socialist gains shall be a national duty.
Article 60:
Safeguarding
national unity and keeping State secrets shall be the duty of every citizen.
Article 61:
Payment
of taxes and public imposts is a duty as defined by law.
Article 62:
Citizen
shall have the right to vote, nominate and express their opinions in referenda
according to the provisions of the law. Their participation in public life is a
national duty.
Article 63:
Every
individual shall have the right to address public authorities in writing and
with his own signature. Addressing public authorities should not be in the name
of groups with the exception of disciplinary organs and legal person .
PART FOUR
SOVEREIGNTY OF THE LAW
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Article 64:
The
Sovereignty of the law is the basis of State rule.
Article 65:
The
State shall be subject to law. The independence and immunity of the judicature
are two basic guarantees to safeguard rights and liberties.
Article 66:
Penalty
shall be personal. There shall be no crime or penalty except by virtue of the
law. No penalty shall be inflicted except by a judicial sentence. Penalty shall
be inflicted only for acts committed subsequent to the promulgation of the law
prescribing them.
Article 67:
Any
defendant is innocent until he is proved guilty before a legal court, in which
he is granted the right to defend himself .
Every
person accused of a crime must be provided with counsel for his defence.
Article 68:
The
right to litigation is inalienable for all, and every citizen has the right to
refer to his competent judge. The State shall guarantee the accessibility of the
judicature organs to litigants, and the rapidity of statuting on cases.
Any
provision in the law stipulating the immunity of any act or administrative
decision from the control of the judicature shall be prohibited
Article 69:
The
right of defence in person or by power of attorney shall be guaranteed. The law
shall grant the financially incapable citizens the means to resort to justice
and defend their rights.
Article 70:
No
penal lawsuit shall be sued except by an order from a judicature organ with the
exception of cases defined by law.
Article 71:
Any
person arrested or detained shall be informed forthwith of the reasons for his
arrest or his detention. He shall have the right to communicate with whoever he
sees fit and inform them of what has taken place and to ask for help in the way
organized by law.
He
must be notified, as soon as possible, with the charges directed against him.
Any
person may lodge a complaint to the courts against any measure taken to restrict
his personal freedom. The Law shall regulate the right of complaint in a manner
ensuring a decision regarding it within a definite period or else release shall
be imperative.
Article 72:
Sentences
shall be passed and executed in the name of the people. Likewise refraining from
executing sentences or obstructing them on the part of the concerned civil
servants shall be considered a crime punishable by law. In this case, those whom
the sentence is in favour of , shall have the right to sue a direct penal
lawsuit before the competent court.
PART FIVE
SYSTEM OF GOVERNMENT
CHAPTER I -
The Head of the State
CHAPTER II -
The Legislature
CHAPTER III
- The Executive
SECTION I - The
President of the Republic
SECTION II - The
Government
SECTION III -
The Local Administration
SECTION IV -
National Specialized Councils
CHAPTER IV -
The Judiciary Authority
CHAPTER V -
The Supreme Constitutional Court
CHAPTER VI -
The Socialist Public Prosecutor
CHAPTER VII
- The Armed Forces and The National Defence Council
CHAPTER VIII
- The Police
CHAPTER I
The Head of the State
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Article 73:
The
Head of the State is the President of the Republic . He shall assert the
sovereignty of the people, respect for the Constitution and the supermacy of the
law. He shall safeguard national unity and the socialist gains and maintain the
limits between authorities in a manner to ensure that each shall perform its
role in the national action.
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 those measures within sixty days of
their adoption.
Article 75:
The
President of the Republic should be an Egyptian born to Egyptian parents and
enjoy civil and political rights. His age must not be less than 40 Gregorian
years.
Article 76:
The
People’s Assembly shall nominate the President of the Republic . The
nomination shall be referred to the people for a plebiscite.
The
nomination for the President of the Republic shall be made in the People’
Assembly upon the proposal of at least one third of its members.
The
candidate who obtains two thirds of the votes of the members of the People’s
Assembly shall be referred to the people for a plebiscite . If he does not
obtain the said majority the nomination process shall be repeated two days after
the first vote. The candidate obtaining an absolute majority of the votes of the
Assembly members shall be referred to the citizens for a plebiscite.
The
candidate shall be considered President of the Republic when he obtains an
absolute majority of votes cast in the plebiscite.
If
the candidate does not obtain this majority, the Assembly shall propose the
nomination of another candidate and the same procedure shall follow concerning
his candidature and election.
Article77
1 :
The
term of the presidency shall be six Gregorian years starting from the date of
the announcement of result of the plebiscite.
The
President of the Republic may be re-elected for other successive terms.
Article 78:
The
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 a new President for whatever
reason, the former President shall continue to exercise his functions until his
successor is elected.
Article 79:
Before
exercising his functions, the President shall take the following oath before the
People’s Assembly:
"I
swear by Almighty God to uphold the Republican system with loyalty, to respect
the Constitution and the law, and to look after the interests of the people
fully and to safeguard the independence and territorial integrity of the
motherland".
Article 80:
The
salary of the President of the Republic shall be fixed by law. Any amendment in
the salary shall not be applicable during the presidential term in which such an
amendment is decided upon .
The
President of the Republic may not receive any other salary or remunerations.
Article 81:
During
his term of office the President of the Republic may not exercise any free
profession or undertake any commercial, financial or industrial activity. Nor
may he acquire or take or lease any state property, sell to or exchange with the
State any property of his whatsoever.
Article 82:
In
case the President of the Republic , due to any temporary obstacle, is unable to
carry out his functions, he shall delegate his powers to a Vice-President.
Article 83:
In
case of resignation, the President of the Republic shall address his letter of
resignation to the People’s Assembly.
Article 84:
In
case of the vacancy of the Presidential office or the permanent disability of
the President of the Republic, the Speaker of the People’s Assembly shall
temporarily assume the Presidency. In case the People’s Assembly is dissolved
at such a time the President of the Supreme Constitutional Court shall take over
the Presidency 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
form the date 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 of the Republic shall be suspended form the exercise of his duties 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. In case
he is found guilty, he shall be relieved of his post without prejudice to other
penalties.
CHAPTER II
The Legislature
The People's Assembly
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Article 86:
The
People’s Assembly shall exercise the legislative power, approve the general
policy of the State, the general plan of economic and social development and the
general budget of the State. It shall exercise control over the work of the
executive authority in the manner prescribed by the Constitution .
Article 87:
The
law shall determine the constituencies into which the State shall be divided.
The number of the elected members of the People’s Assembly must be at least
350 members of whom one half at least must be workers and farmers elected by
direct secret pubic balloting.
The
Law shall determine the definition of the worker and the farmer.
The
President of the Republic may appoint a number of members not exceeding ten.
Article 88:
The
Law shall determine the conditions which members of the Assembly must fulfil as
well as the rules of election and referendum, while the ballot shall be
conducted under the supervision of the members of a judiciary organ.
Article 89:
Employees
of the State and the public sector may nominate themselves for membership in the
People’s Assembly with the exception of cases determined by law. The member of
the People’s Assembly shall devote himself entirely to his duties, while his
former work or post shall be preserved for him as determined by law.
Article 90:
Before
exercising his duties, the member of the People’s Assembly shall take the
following oath before the Assembly:
"
I swear by God Almighty that I shall sincerely safeguard the safety of the
nation, the republican regime, attend to the interests of the people and shall
respect the Constitution and the law".
Article 91:
The
members of the People’s Assembly shall receive a remuneration determined by
law.
Article 92:
The
duration of the People’s Assembly term shall be five Gergorian years starting
from the date of its first meeting.
Elections
for the renewal of the Assembly shall take place within the sixty days preceding
the termination of its term.
Article 93:
The
People’s Assembly shall be competent to decide upon the validity of the
membership of its members. The Court of Cassation shall be competent to
investigate the validity of contestations on membership presented to the
Assembly after referring them to the Court by the Speaker of the Assembly. The
contestation shall be referred to the Court of Cassation within fifteen days as
from the date on which the Assembly has been informed thereof 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.
Memberships
shall not be deemed invalid expect by a decision taken by a majority of
two-thirds of the Assembly members.
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
.
Article 95:
No
member of the People’s Assembly shall, during his term, purchase or rent any
state property or sell or lease to the state or barter with it regarding any
part of his property, or conclude a contract with the State in his capacity as
entrepreneur, importer or contractor.
Article 96:
No
membership in the People’s Assembly shall be revoked except on the grounds of
loss of confidence or status or loss of one of the conditions of membership or
the loss of the member’s status as worker or farmer upon which he was elected
or the violation of his obligations as a member. The membership shall be deemed
invalid on the grounds of a decision taken by two-thirds of the Assembly
members.
Article 97:
The
People’s Assembly alone may accept the resignation of its members.
Article 98:
Members
of the People’s Assembly shall not be censured for any opinions or thoughts
expressed by them in the performance of their tasks in the Assembly or its
committees.
Article 99:
Except
in cases of flagrante delicto, no member of the People’s Assembly shall
be subject to a criminal prosecution without the permission of the Assembly.
If
the Assembly is not in session , the permission of the Speaker of the Assembly
must be taken.
The
Assembly must be notified of the measures taken in its first subsequent session.
Article 100:
The
seat of the People’s Assembly shall be Cairo. However, the Assembly may, under
exceptional circumstances, meet in another city at the request of the President
of the Republic or the majority of the Assembly members.
Any
meeting of the Assembly in other than its designated seat is illegal and the
resolutions passed in it shall be considered invalid.
Article 101:
The
President of the Republic shall convoke the People’s Assembly for its ordinary
annual session before the second Thursday of November . If it is not convoked,
the Assembly shall meet by force of the Constitution on the said date. The
session of the ordinary meeting shall continue for at least seven months.
The
President of the Republic shall declare the ordinary session closed . This may
not take place until the general budget of the state is approved .
Article 102:
The
President of the Republic may call the People’s Assembly to an extraordinary
session, in case of necessity, or upon request signed by a majority of the
Assembly members.
The
President of the Republic shall announce the dismissal of the extraordinary
session.
Article 103:
The
People’s Assembly shall elect, in the first meeting of its ordinary annual
session, a Speaker and two Deputy - Speakers for the term of the session. If the
seat of anyone of them is vacated, the Assembly shall elect a replacement, whose
term will last until the end of his predecessor’s term.
Article 104:
The
People’s Assembly shall lay down its own rules of procedure organizing the
manner in which it fulfills its tasks.
Article 105:
The
People’s Assembly alone shall be entitled to preserve order inside it. The
Speaker of the Assembly shall be entrusted with this task.
Article 106:
The
meeting of the People’s Assembly shall be public. However, a meeting in camera
may be held at the request of the President of the Republic, or the Government,
or the Prime Minister or of at least twenty of its members. The Assembly shall
then decide whether the debate on the question submitted to it shall take place
in a public meeting or in a meeting in camera.
Article 107:
The
meeting of the Assembly shall be considered invalid unless the majority of its
members are present. The Assembly shall adopt its resolutions by an absolute
majority of its attending members, in cases other than those for which a
specific majority is required. A separate vote will be taken on each article of
the draft laws. In case of a tie vote, the question on which the debate has
taken place shall be rejected.
Article 108:
The
President of the Republic shall have the right, in case of necessity or in
exceptional cases and on the authorization of the People’s Assembly, to issue
resolutions having the force of law. Such authorization must be for a limited
period of time and must point out the subjects of such resolutions and the
grounds upon which they are based . The resolutions must be submitted to the
People’s Assembly at its first meeting after the end of the authorization
period. If they are not submitted or if they are submitted and not approved by
the Assembly , they shall cease to have the force of law.
Article 109:
The
President of the Republic and every member of the People’s Assembly shall have
the right to propose laws.
Article 110:
Every
draft law shall be referred to one of the committees of the Assembly which will
study it and submit a report concerning it. Draft laws presented by members of
the People’s Assembly shall not be referred to these committees unless they
are first referred to a special committee which will study them and give an
opinion on the suitability of their consideration by the Assembly and after the
Assembly decides to consider them.
Article 111:
Every
draft law proposed by a member and rejected by the Assembly cannot be presented
again in the course of the same session.
Article 112:
The
President of the Republic shall have the right to promulgate laws or object to
them.
Article 113:
If
the President of the Republic objects to a draft law ratified by the People’s
Assembly, he shall refer it back to the Assembly within thirty days from the
Assembly’s communication of it.
If
the draft law is not referred back within this period. It is considered a law
and shall be promulgated.
If
it is referred back to the Assembly on the said date and approved once again by
a majority of two-thirds of the members, it shall be considered a law and shall
be promulgated.
Article 114:
The
People’s Assembly shall approve the general plan for economic and social
development.
The
manner of the preparation of the plan and of its submission to the People’s
Assembly shall be determined by law.
Article 115:
The
draft general budget of the State shall be submitted to the Assembly at least
two months before the beginning of the fiscal year. It shall not be considered
in effect unless it is approved by the Assembly.
Each
chapter of the draft budget shall be voted upon separately and shall be
promulgated by law. The People’s Assembly shall not make modifications 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
new fiscal year, the old budget shall be acted on pending such ratification.
The
law shall determine the manner of preparing the budget and determine the fiscal
year.
Article 116:
The
approval of the People’s Assembly shall be considered necessary for the
transfer of any funds from one title of the budget to another, as well as for
any expenditure not included in it or in excess of its estimates. These shall be
issued by law.
Article 117:
The
law shall determine the provisions regulating the budgets and accounts of public
organizations and institutions.
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.
Each
title shall be voted upon separately 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 from
the Central Agency for Accounting any data or other pertinent reports.
Article 119:
The
imposition, modification or abolition of general taxes cannot be effected except
in the cases decreed by law.
No
one may be exempted from their payment except in the cases specified by law.
No
one may be asked to pay additional taxes or imposts except in the cases
specified by law.
Article 120:
The basic rules for
collection of public funds and the procedure for their disbursement shall be
regulated by law.
Article 121:
The
Executive Authority shall not contract a loan, or bind itself to a project
entailing expenditure of public funds from the State Treasury in the course of a
subsequent period, except with the approval of the People’s Assembly.
Article 122:
The
rules governing the granting of salaries, pensions, indemnities, subsidies and
bonuses from the State treasury, as well as the cases excepted from these rules
and the authorities charged with their application, shall be determined by law.
Article 123:
The
law shall determine the rules and procedures for granting concessions related to
the investment of natural resources and public utilities. It shall also define
cases where it is permitted to dispose free of charge, of real estate property
belonging to the State and the ceding of its movable property and the rules and
regulations organizing such procedures.
Article 124:
Every
member of the People’s Assembly shall be entitled to address questions to the
Prime Minister or to any of his deputies or the Ministers or their deputies
concerning matters within their jurisdiction. The Prime Minister, his deputies,
the Ministers and the persons they delegate on their behalf shall answer the
questions put to them by members.
The
member may withdraw his question at any time; this same question may not be
transformed into an interpellation in the same session.
Article 125:
Every
member of the People’s Assembly shall be entitled to address interpellations
to the Prime Minster or his deputies or the Ministers and their deputies
concerning matters within their jurisdiction.
Debate
on an interpellation shall take place at least seven days after its submission,
except in the cases of urgency as decided by the Assembly and with the
Government’s consent.
Article 126:
The
Minister shall be responsible for the general policy of the State before the
People’s Assembly. Each minister shall be responsible for the affairs of his
ministry.
The
People’s Assembly may decide to withdraw its confidence from any of the Prime
Minister’s deputies or from any of the Ministers or their deputies.
A
motion of no confidence should not be submitted except after an interpellation,
and upon a motion proposed by one tenth the members of the Assembly.
The
Assembly shall not decide on such a motion until after at least three days from
the date of its presentation.
Withdrawal
of confidence shall be pronounced by the majority of the members of the
Assembly.
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 them.
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 be held
within thirty days from the date of the last ratification of the Assembly. In
such a 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 Cabinet.
Article 128:
If
the Assembly withdraws its confidence from any of the Prime Minister’s
deputies or the Ministers or their deputies, he shall resign his office.
The
Prime Minister shall submit his resignation to the President of the Republic if
he is found responsible before the People’s Assembly.
Article 129:
Any
twenty members at least, of the People’s Assembly may ask for the discussion
of a public question to ascertain the Government’s policy regarding such a
question.
Article 130:
The
members of the People’s Assembly shall be entitled to express their opinions
concerning public questions before the Prime Minister or any of his deputies or
of the Ministers.
Article 131:
The
People’s Assembly may form an ad hoc Committee or entrust any of its
committees with the inspection of the activities of any of the administrative
departments or the general establishments or any executive or administrative
organ or any of the public projects, for the purpose of fact - finding and
informing the Assembly as to the actual financial, or administrative or economic
situation thereof, or for conducting investigations into a subject related to
one of the said activities.
In
the course of its work, such a committee shall be entitled to collect whatever
evidence it deems necessary and to subpoena all those it needs. All executive
and administrative bodies shall answer the demands of the committee and put
under its disposal all the documents and evidence it demands for this purpose.
Article 132:
At
the inaugural meeting of the ordinary session of the People’s Assembly, the
President of the Republic shall deliver a statement of the general policy of the
State. He may also make other statements before the Assembly.
The
Assembly is entitled to discuss the statement of the President of the Republic.
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
programme of his Government.
The
People’s Assembly is entitled to discuss such a programme.
Article 134:
The
Prime Minister, his deputies, the Ministers and their deputies may become
members of the People’s Assembly. Those of them who are not members may attend
the sessions and committee meetings of the Assembly.
Article 135:
The
Prime Minister and the Ministers shall have the right to be heard in the
Assembly sessions and committee meetings whenever they ask for the floor. They
may ask for the assistance of the highranking officials of their choice. When
taking votes a minister shall have no counted vote unless he is a member.
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. In such a case, 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.
CHAPTER III
The Executive
SECTION
I - The President of the Republic
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SECTION
III - The Local Administration
SECTION
IV - National Specialized Councils
SECTION I
The President of the
Republic
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 cabinet, shall lay down the
general policy of the state and shall supervise its implementation in the manner
prescribed in the Constitution.
Article 139:
The
President of the Republic may appoint one or more Vice-Presidents define their
jurisdiction and relieve them of their posts.
The
rules relating to the calling to account of the President of the Republic shall
be applicable to the Vice-Presidents.
Article 140:
Before
exercising his functions the Vice-President of the Republic shall take the
following oath before the President of the Republic : " I swear by Almighty
God to uphold the Republican system with loyalty to respect the Constitution and
the Law, to look after the interests of the People in full and to safeguard the
independence and territorial integrity of the motherland."
Article 141:
The
President of the Republic shall appoint the Prime Minister, his deputies, the
Ministers and their deputies and relieve them of their posts.
Article 142:
The
President of the Republic shall have the right to convoke the Cabinet and to
attend its meetings. He shall also preside over the meetings he attends and is
entitled to demand reports from the Ministers.
Article 143:
The
President of the Republic shall appoint the civil and military officials, and
the diplomatic representatives and dismiss them in the manner prescribed by the
law. He shall also accredit the diplomatic representatives of foreign states.
Article 144:
The
President of the Republic shall issue the necessary regulations for the
implementation of the laws in the manner that would not modify, delay, or exempt
them from execution. He shall have the right to vest others with authority to
issue them. The law may determine whoever issues the decision requisite for its
implementation.
Article 145:
The
President of the Republic shall issue control regulations.
Article 146:
The
President of the Republic shall issue the decisions necessary for establishing
and organizing public services and administrations.
Article 147:
In
case it becomes necessary during the absence of the People’s Assembly, to take
measures which cannot suffer delay, the President of the Republic shall issue
decisions in this respect which have the force of law.
Such
decisions must be submitted to the People’s Assembly, within fifteen days from
the date of issuance if the Assembly is standing or at its first meeting in case
of the dissolution or recess of the Assembly. If they are not submitted, their
force of law disappears with retroactive effect without having to take a
decision to this effect. If they are submitted to the Assembly and are not
ratified, their force of law disappears with retroactive effect, unless the
Assembly has ratified their validity in the previous period or settled their
effects in another way.
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 to take a decision upon it.
In
case the People’s Assembly, is dissolved the matter shall be submitted to the
new Assembly at its first meeting.
The
state of emergency in all cases, shall be for a limited period, which may not be
extended unless by approval of the Assembly.
Article 149:
The
President of the Republic shall have the right of granting amnesty or commuting
a sentence. General Amnesty can only be granted by virtue of a law.
Article 150:
The
President of the Republic shall be Supreme Commander of the Armed Forces. He
shall have the authority to declare war after the approval of the People’s
Assembly.
Article 151:
The
President of the Republic shall conclude treaties and communicate them to the
People’s Assembly, accompanied with suitable clarifications. They shall have
the force of law after their conclusion, ratification and publication according
to the established procedure.
However,
peace treaties, alliance pacts, commercial and maritime treaties and all other
treaties involving modifications in the territory of the State or having
connection with the rights of sovereignty, or which lay upon the treasury of the
State certain charges not included in the budget, must acquire the approval of
the People’s Assembly.
Article 152:
The
President of the Republic may call a referendum of the People on important
matters related to the supreme interests of the country.
SECTION II
The Government
Article 153:
The
Government shall be the supreme executive and administrative organ of the State.
It shall be composed of the Prime Minister, his Deputies, the Ministers and
their Deputies. The Prime Minister shall supervise the work of the Government.
Article 154:
Whoever
is appointed Minister or Deputy Minister must be an Egyptian, no less than 35
Gregorian years of age, and enjoying full civil and political rights.
Article 155:
Before
exercising their functions, the members of the cabinet shall take the following
oath before the President of the Republic:
"
I swear by Almighty God to uphold the Republican system with loyalty, to respect
the Constitution and the law to look after the interests of the People in full
and to safeguard the independence and territorial integrity of the
motherland."
Article 156:
The
Cabinet shall exercise in particular the following functions:-
a)
Laying down the general policy of the State in collaboration with the President
of the Republic and controlling its implementation in accordance with the laws
and republican decrees.
b)
Directing, co-ordinating and following up the work of the ministries and their
different administrations as well as public organizations and institutions.
c)
Issuing administrative and executive decisions in accordance with the laws and
decrees and supervising their implementation.
d)
Preparing draft laws and decrees.
e)
Preparing the draft of the general budget of the State.
f)
Preparing the draft of the State’s overall plan.
g)
Contracting and granting loans in accordance with the rules of the Constitution.
h)
Supervising the implementation of law, maintaining State security and protecting
the rights of the citizens and the interests of the State .
Article 157:
The
Minister shall be the administrative supreme chief of his ministry. He shall
undertake the laying down of the Ministry’s policy within the limits of the
State’s General Policy and shall undertake its implementation .
Article 158:
During
the term of his office, the Minister shall not practise any free profession, a
commercial, or financial or industrial occupation, buy or rent any State
property or lease or sell to or barter with the State any of his own property .
Article 159:
The
President of the Republic and the People’s Assembly shall have the right to
bring a Minister to trial for crimes committed by him in the performance of his
duties or due to them .
The
decision of the People’s Assembly to charge a Minister shall be adopted upon a
proposal submitted by at least one-fifth of its members . No indictment shall be
issued except by a majority of two-thirds of the members of the Assembly .
Article 160:
Any
minister indicted shall be suspended from his duties until his case is decided .
The
termination of his services shall not prevent legal action being taken or
pursued against him .
The
trial of minister, the procedures and guarantees of the trial, and the
indictment shall be in accordance with the manner prescribed by the law .
These
rules shall be applicable to Deputy Ministers .
SECTION III
The Local
Administration
Article 161:
The
Arab Republic of Egypt shall be divided into administrative units, enjoying
legal person among which shall be governorates, cities and villages. Other
administrative units may be established having legal person when required by
common interest.
Article 162:
Local
People’s Councils shall be gradually formed, on the level of administrative
units by direct election half the members of whom must be farmers or workers.
The law shall provide for the gradual transfer of authority to the local
People’s Councils .
Presidents
and Vice-Presidents of the Councils shall be elected from among their members.
Article 163:
The
law shall determine the way of forming the local People’s Councils, their
competences, their financial resources, the guarantees for their members their
relation to the People’s Assembly and to the Government as well as their role
in preparing and implementing the development plan in controlling various
activities.
SECTION IV
National Specialized
Councils
Article 164:
National
Specialized Councils shall be established on a national level, to assist in
planning the general policy of the State in all the domains of national
activities. These Councils shall be under the President of the Republic.
The
formation and functions of each council shall be defined by a presidential
decree.
CHAPTER IV
The Judiciary Authority
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Article 165:
The
Judiciary Authority shall be independent. It shall be exercised by courts of
justice of different sorts and competences. They shall issue their judgments in
accordance with the law .
Article 166:
Judges
shall be independent, subject to no other authority but the law.
No
authority may intervene in judiciary cases or in the affairs of justice.
Article 167:
The
law shall determine the judiciary organization and their competences, and shall
organize the way of their formation and prescribe the conditions and measures
for the appointment and transfer of their members .
Article 168:
The
status of judges shall be irrevocable. The law shall regulate the disciplinary
actions with regard to them.
Article 169:
The
sessions of courts shall be public, unless a court decides to hold them in
camera for considerations of public order or morality. In all cases, judgments
shall be pronounced in public sessions.
Article 170:
The
people shall contribute to maintaining justice in accordance with the manner and
within the limits prescribed by law.
Article 171:
The
law shall regulate the organization of the State Security Courts and shall
prescribe their competences and the conditions to be fulfilled by those who
occupy the office of judge in them.
Article 172:
The
State Council shall be an independent judiciary organization competent to take
decisions in administrative disputes and disciplinary cases. The law shall
determine its other competences.
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, it competences and its rules of action. It shall be consulted with
regard to the draft laws organizing the affairs of the judiciary organizations.
CHAPTER V
The Supreme Constitutional Court
Article 174:
The
Supreme Constitutional Court shall be an independent judiciary body in the Arab
Republic of Egypt, and having its seat in Cairo.
Article 175:
The
Supreme Constitutional Court alone shall undertake the judicial control in
respect of the constitutionality of the laws and regulations and shall undertake
the interpretation of the legislative texts in the manner prescribed by law .
The
law shall prescribe the other competences of the court, and regulate the
procedures to be followed before it.
Article 176:
The
law shall organize the way of formation of the Supreme Constitutional Court, and
prescribe the conditions to be fulfilled by its members, their rights and
immunities.
Article 177:
The
status of the members of the Supreme Constitutional Court shall be irrevocable .
The Court shall call to account its members, in the manner prescribed by law.
Article 178:
The
judgments issued by the Supreme Constitutional Court in constitutional cases,
and its decisions concerning the interpretation of legislative texts shall be
published in the Official Gazette. The law shall organize the effects subsequent
to a decision concerning the unconstitutionality of a legislative text.
CHAPTER VI
The Socialist Public Prosecutor
CHAPTER VII
The Armed Forces and The National Defence Council
Article 179:
The
Socialist Public Prosecutor shall be responsible for taking the measures which
secure the people’s rights, the safety of the society and its political
regime, the preservation of the socialist achievements and commitment to
socialist behaviour. The law shall prescribe his other competences. He shall be
subject to the control of the People’s Assembly in accordance with what is
prescribed by law .
Article 180:
The
State alone shall establish the Armed Forces, which shall belong to the people.
Their task shall be to protect the country, safeguard its territory and
security, and protect the socialist achievements of popular struggle.
No
organization or group may establish military or semimilitary formations.
The
law shall prescribe the conditions of service and promotion for the armed
forces.
Article 181:
General
mobilization shall be organized in accordance with the law .
Article 182:
A
Council named " The National Defense Council " shall be established
and presided over by the President of the Republic. It shall undertake the
examination of matters pertaining to the methods ensuring the safety and
security of the country. The law shall establish its other competences.
Article 183:
The
law shall organize military judicature, prescribe its competences within the
limits of the principles prescribed by the Constitution .
CHAPTER VIII
The Police
Article 184:
Police
authority shall be a civil disciplinary body. Its Supreme Chief shall be the
President of the Republic .
Police
Authority shall perform its duty in the service of the people maintain peace and
security for the citizens, preserve order, public security and morality, and
undertake the implementation of the duties imposed upon it by laws and
regulations, in the manner prescribed by the law .
PART SIX
GENERAL AND TRANSITIONAL PROVISIONS
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Article 185:
The
city of Cairo shall be the capital of the Arab Republic of Egypt.
Article 186:
The
law shall prescribe the Egyptian flag and the provisions relating thereto, as
well as the state emblem and the provisions relating thereto .
Article 187:
Provisions
of the laws shall apply only from the date of their entry into force and shall
have no retroactive effect. However, provisions to the contrary may be made, in
other than criminal matters, with the approval of the majority of the members of
the People’s Assembly.
Article 188:
All
laws shall be published in the Official Gazette within two weeks from the date
of their issuance. They shall be put into force a month after the date following
their publication unless another date is fixed for that
Article 189:
The
President of the Republic as well as the People’s Assembly may request the
amendment of one or more of the articles of the Constitution. The articles to be
amended and the reasons justifying such amendments shall be mentioned in the
request for amendment .
If
the request emanates from the People’s Assembly, it should be signed by at
least one third of the Assembly members .
In
all cases, the Assembly shall discuss the amendment in principle, and the
decision in this respect shall be taken by the majority of its members. If the
request is rejected, the amendment of the same particular articles may not be
requested again before the expiration of one year from the date of such
rejection.
If
the People’s Assembly approves an amendment, in principle, the articles
requested to be amended shall be discussed two months after the date of the said
approval. If the amendment is approved by two thirds of the members of the
Assembly, it shall be referred to the people for a plebiscite.
If
it is approved by the people it shall be considered in force from the date of
the announcement of the result of the plebiscite.
Article 190:
The
term of the present President of the Republic shall be terminated at the end of
six years from the date of announcing his election as President of the Arab
Republic of Egypt.
Article 191:
All
the provisions of the laws and regulations prior to the proclamation of this
Constitution shall remain valid and in force. However, they may be repealed or
amended in conformity with the rules and procedures stipulated in this
Constitution.
Article 192:
The
Supreme Court shall exercise its competences prescribed in the law establishing
it, until the Supreme Constitutional Court is formed.
Article 193:
This
Constitution shall be in force as from the date of announcing the approval of
the people in this respect in the referendum.
PART SEVEN
NEW PROVISIONS
CHAPTER
I - The Shoura Assembly
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CHAPTER
II - The Press Authority
CHAPTER I
The Shoura Assembly*
Article 194:
The
Shoura Assembly 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 constituents of society, its supreme values, its rights and
liberties and its public duties, and to deepen the democratic socialist system
and widen its scope .
Article 195:
The
Shoura Assembly shall be consulted in the following:
1.
Proposals for the amendment of 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.
7.
The Assembly shall submit to the President of the Republic and the
People's Assembly its opinion on such matters.
Article 196:
The
Shoura Assembly shall be composed of a number of members defined by the law, not
less than 132 members .
Two
thirds of the members shall be elected by direct secret public balloting, half
of whom at least must be workers and farmers .
The
President of the Republic shall appoint the other third .
Article 197:
The
law shall determine the electoral constituencies of the Shoura Assembly the
number of members in every constituency, and the necessary conditions that
should be fulfilled by the elected or appointed members of the Shoura Assembly .
Article 198:
The
term of the membership of the Shoura Assembly is six years. The election and the
appointment of 50% of the total number of the members, should be renewed every
three years as defined by law .
It
is always possible to re-elect or re-appoint those whose term of membership has
expired .
Article 199:
The
Shoura Assembly shall elect a Speaker and two Deputy Speakers at its first
ordinary annual session for a period of the three years . If one of these
offices becomes vacant , the Assembly shall elect a successor for the rest of
the term .
Article 200:
No
member can hold office in both the People’s Assembly and the Shoura Assembly
at one and the same time.
Article 201:
The
Prime Minister and his Deputies , the Ministers and government officials shall
not be held responsible to the Shoura Assembly.
Article 202:
The
President of the Republic has the right to make a statement upon the general
policy of the State or upon any other matter before a joint meeting of the
People’s Assembly and the Shoura Assembly, headed by the Speaker of the People
’s Assembly.
The
President of the Republic has the right to make whatever statements he wishes
before the Shoura Assembly.
Article 203:
The
Prime Minister and the Ministers and other government officials may make
statements before the Shoura Assembly or before one of its committees upon a
subject that comes within their competence.
The
Prime Minister and his Deputies and Ministers and other government officials
shall be heard by the Shoura Assembly and its committees upon their request, and
they may seek the assistance of any government officials, as they see fit.
However, any minister or government official shall not have a counted vote
unless he is a member.
Article 204:
The
President of the Republic may not dissolve the Shoura Assembly except in case of
the necessity , while such a decision should comprise an invitation to electors
to hold new elections for the Shoura Assembly within a period of the sixty days
from the date of its dissolution .
The
Assembly shall hold its first meeting within ten days from the date of its
election.
Article 205:
The
Provisions included in the following articles of the Constitution shall apply to
the Shoura Assembly: (89,90,100,101,102,104,105,106,107,129,130,134), insofar as
they are not incompatible with the provisions cited in this chapter.
The
Shoura Assembly and its Speaker shall exercise the competences specified in the
aforementioned articles.
CHAPTER II
The Press Authority
Article 206:
The
press is a popular, independent authority exercising its vocation in the manner
stipulated in the Constitution and the law.
Article 207:
The
Press shall exercise its vocation freely and independently in the service of
society through all the means of expression .It shall thus interpret the trend
of public opinion, while contributing to its information and orientation within
the framework of the basic components of society, the safeguard of liberties,
rights and public duties and the respect of the sanctity of the private lives of
the citizens, as stipulated in the Constitution and defined by law.
Article 208:
The
freedom of the press is guaranteed and press censorship is forbidden. It is also
forbidden to threaten, confiscate or cancel a newspaper through administrative
measures, as stipulated in the Constitution and defined by the law.
Article 209:
The
freedom of legal persons whether public or private , or political parties to
publish or own newspapers is safeguarded in accordance with the law.
The
financing and ownership of newspapers and the funds belonging to them, come
under the supervision of the people, as stipulated in the Constitution and
defined by law.
Article 210:
Journalists
have the right to obtain news and information according to the regulations set
by law.
Their
activities are not subject to any authority other than the law.
Article 211:
A
Supreme Press Council shall deal with matters concerning the press . The law
shall define its formation, competences and its relationship with the state
authorities.
The
Supreme Press Council shall exercise its competences with a view to
consolidating the freedom of the press and its independence, to uphold the basic
foundations of society, and to guarantee the soundness of national unity and
social peace as stipulated in the Constitution and defined by law.