Common provisions

Common provisions

- Constitution of Egypt

Section 1: Common provisions

Article 82: Legislative power

Legislative power belongs to the Council of Representatives and to the Shura Council.

Each exercises its respective authorities as set out in the Constitution.

Article 83: Prohibition on double membership

It is prohibited to be a member of both the Council of Representatives and the ShuraCouncil. The law specifies other cases of incompatibility.

Article 84: Incompatibility with other work

Save in exceptional situation set out by law, members of either the Council ofRepresentatives or the Shura Council are to be fully devoted to their offices. Amember’s position or work will be kept open until his return, in accordance with theprovisions of the law.

Article 85: Representative of the entire population

A member is the representative of the population as a whole, without restriction or limitation.

Article 86: Oath

Prior to the start of his tenure, a member takes the following oath before thechamber to which he belongs: “I swear by Almighty God to loyally uphold therepublican system, to respect the Constitution and the law, to fully look after theinterests of the people, and to safeguard the independence and territorial integrityof the motherland.”

Article 87: Challenges to the validity of membership

The Court of Cassation has final jurisdiction over the validity of membership in bothchambers. Challenges are submitted to the Court within a period not exceeding 30days from date on which the final election results are announced. A verdict must bepassed within 60 days from the date on which the challenge is filed.

Where a membership is deemed invalid, it becomes void from the date on which theverdict is reported to the chamber.

Article 88: Property and financial regulation

It is prohibited for any member of either chamber, throughout his tenure, whether inperson or through an intermediary, to purchase or rent any piece of state property. Itis also prohibited to lease or sell or barter with the state any part of their ownproperty, or conclude a contract with the state as vendor, supplier or contractor.

Members provide financial disclosures and present them to their chamber at thestart and at the end of their tenure as well as at the end of each year.

If a member receives cash or in-kind gifts by virtue of his membership in a chamber,ownership of such gifts is transferred to the Public Treasury.

All the foregoing is organized by law.

Article 89: Member opinions

A member cannot be held accountable for any opinions relating to his work in thechamber of which he is a member.

Article 90: Member immunity

It is prohibited, except in cases of flagrante delicto, to take criminal action against amember without prior permission from their chamber. If not in session, permissionmust be granted by the chamber’s secretariat, and the chamber must be notified ofthe decision as soon as the chamber is in session.

In all cases, if a request for permission to take legal action against a member does notreceive a response within 30 days, the permission is to be considered granted.

Article 91: Remuneration

Members are remunerated in accordance with the law.

Article 92: Seat of parliament

The seats of both the Council of Representatives and the Shura Council are in Cairo.

However, in exceptional circumstances, any of the two chambers may hold meetingselsewhere, at the request of the President of the Republic or one-third of thechamber’s members.

Any meetings of the chamber that do not conform with the foregoing are invalid,including any decisions that may have been passed.

Article 93: Public and in camera sessions

The sessions of the Council of Representatives and the Shura Council are held in public.

Either chamber may hold a closed session based on a request by the President of theRepublic, the Prime Minister, or at least 20 of its members. The chamber will decidewhether the debate on the question takes place in a public or closed session.

Article 94: Inauguration and adjournment of sessions

The President of the Republic convokes the Council of Representatives and theShura Council for their ordinary annual sessions before the first Thursday ofOctober. If such convocation is not made, the chambers are required by theConstitution to meet on said day.

The ordinary session continues for at least eight months. The President of theRepublic brings each session to a close with each chamber’s approval, and in the caseof the Council of Representatives, only after the state’s general budget has been adopted.

Article 95: Extraordinary sessions

It is possible for either chamber to be called to an extraordinary meeting based on arequest by the President of the Republic, the Prime Minister, or upon a requestsigned by at least 10 members from the relevant chamber.

Article 96: Quorum and required majority

The meetings of the Council of Representatives or Shura Council, and theresolutions they pass, are not considered valid unless attended by the majority oftheir members.

In cases other than those requiring a special majority, resolutions are adopted basedon an absolute majority of the members present. In case of a tie vote, the matter indeliberation is considered rejected.

Article 97: Selection of speakers and deputy speakers

Each chamber elects, in the first meeting of its regular annual session, a speaker andtwo deputy speakers for the full legislative term in the case of the Council ofRepresentatives, and for half of the legislative term in the case of the Shura Council.If either seat becomes vacant, the Shura Council or Council of Representatives electsa replacement, whose term will last until the end of his predecessor’s.

In all cases, one-third of the members of either chamber can request a new electionof the Speaker or Deputy Speakers in the first meeting of the regular annual session.

Article 98: Replacement for the speaker

Where the speaker of the Council of Representatives or the speaker of the ShuraCouncil temporarily occupy the position of president of the republic, the relevantchamber will be chaired by the older of the two deputy speakers.

Article 99: Rules of Procedure

Each chamber establishes its own rules of procedure regulating its work and themanner of practicing its functions. The rules of procedure are to be published in theOfficial Gazette.

Article 100: Internal order

Each chamber maintains its internal order, a responsibility assumed by eachchamber’s speaker.

No armed forces may be present within or in vicinity of either chamber except at therequest of the chamber’s speaker.

Article 101: Legislative initiative

The President of the Republic, the government, and every member of the Council ofRepresentatives has the right to propose laws.

Every bill is referred to a specialized committee of the Council of Representatives,which studies it and submits a report to the Council.

Bills presented by members of the Council of Representatives cannot be referred tothat committee before being first endorsed by the Proposals Committee andapproved for consideration by the Council of Representatives. The reasons for whichthe bill is rejected must be presented if the Proposals Committee does not endorse aproposal for consideration.

A draft law proposed by a member but rejected by the Council of Representativesmay not be presented again during the same legislative term.

Article 102: Consideration of draft laws

Neither chamber may pass a bill without seeking consultation in relation to the bill.

Each chamber has the right to amend and break down existing clauses or suggestamendments.

Each bill passed by either of the chambers will be studied by the other, which in turncannot delay it for more than 60 days, excluding the legislative recess. It cannot beconsidered a law unless passed by both chambers.

Article 103: Legislative dispute between two chambers

In case of a legislative dispute between the two chambers, a joint committee of 20 members is formed, 10 selected by each chamber from among its members andbased on the nominations of its General Committee. The joint committee thenproposes the wording of the disputed clauses.

The proposals are then presented to each chamber; if an agreement is not reached,the case is taken to the Council of Representatives to reach a decision based on atwo-thirds majority vote.

Article 104: Approval of legislation

The Council of Representatives notifies the President of the Republic of any lawpassed for the President to issue the new law within 15 days from the date ofreceiving it. In case the President objects to the draft law, it must be referred back tothe Council of Representatives within 30 days.

If the draft law is not referred back within this period, or if it is approved again by amajority of two- thirds of the members, it is considered a law and is issued.

If it is not approved by the Council of Representatives, it may not be presented in thesame session before four months have passed from the date of the decision.

Article 105: Discussion of a public issue

Any member of either chamber may propose to the Prime Minister, one of hisdeputies or a minister the discussion of a public issue.

Article 106: Clarification of the government’s policy

Any 20 members of the Council of Representatives, or 10 of the Shura Council, atleast, may request the discussion of a public issue to obtain clarification on thegovernment’s policy in its regard.

Article 107: Right to obtain data or information

Any member of the Council of Representatives or the Shura Council has the right toobtain data or information pertaining to their own performance at the relevantchamber, taking into account the provisions of Article 47 of the Constitution.

Article 108: Submission of written proposals andcomplaints by citizens

Citizens may submit written proposals to either chamber regarding public issues.

Citizens may also submit complaints to either chamber to be referred to the relevantministers. Based on the chamber’s request, the minister may provide a clarification,and the citizen who issued the complaint is kept informed.

Article 109: Government attendance of sessions

The Prime Minister, his deputies, ministers and their deputies may attend thesessions of either chamber or of any of their committees. Their attendance isobligatory if requested by either chamber. They may be assisted by high-rankingofficials of their choice.

They are to be heard whenever they request to speak. They answer questionspertaining to issues that are in discussion, but cannot vote when votes are taken.

Article 110: Resignation of members

Each chamber accepts the resignation of its members, which must be submitted inwriting, and to be accepted must not be submitted after a chamber has startedmeasure of revoking membership against the resigning member.

Article 111: Revocation of membership

Membership of either chamber may only be revoked if a member has lost trust,status or any of the conditions for membership on the basis of which he was elected,or if the duties of membership have been violated.

Decision on revoking membership is issued by a majority of two-thirds of thechamber in question.

Article 112: Vacancy

If a member’s seat becomes vacant at least six months before the end of his term, thevacant position must be filled in accordance with the law within 60 days from thedate on which the vacancy is first reported.

The new member’s term is complementary to that of his predecessor.

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