Final and Transitional Provisions

Final and Transitional Provisions

- Constitution of Egypt

Part V: Final and Transitional Provisions

Chapter 1: Amendments to the Constitution

Article 217: Preliminary procedures

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

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

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

Article 218: Parliamentary approval and referendum

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

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


Chapter 2: General Provisions

Article 219: Principles of Islamic Sharia

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

Article 220: Capital

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

Article 221: National flag

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

Article 222: Validity of existing law

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 They may not be amended or repealed exceptin accordance with the regulations and procedures prescribed in the Constitution.

Article 223: Promulgation of laws

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

Provisions of the laws apply only from the date of their enforcement and have noretroactive effect. However, with the approval of a two-thirds majority of themembers of the Council of Representatives, provisions to the contrary may be madein articles pertaining to non-criminal and non-tax-related matters.

Article 224: Electoral system

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

Article 225: Entry into force

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


Chapter 3: Transitional Provisions

Article 226: Presidential term

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

Article 227: End of terms

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

Article 228: High Electoral Committee

The High Electoral Committee, existing at the time this Constitution comes intoeffect, undertakes the full supervision of the first parliamentary elections. The fundsof the Committee and of the High Presidential Elections Committee are transferredto the National Electoral Commission, as soon as the latter is formed.

Article 229: First parliamentary elections

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

Article 230: Existing Shura Council

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

Article 231: First legislative elections

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

Article 232: Leaders of the National Democratic Party

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

Article 233: Composition of the Supreme ConstitutionalCourt

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

Article 234: Appeals against criminal convictions

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

Article 235: Existing local administration system

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

Article 236: Constitutional declarations

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


Preamble
State and Society
Political Principles
Social and Ethical Principles
Economic Principles
Rights and Freedoms
Personal Rights
Moral and Political Rights
Economic and Social Rights
Guarantees for the Protection of Rights and Freedoms
Public Authorities
Legislative Authority
Common provisions
Council of Representatives
Shura Council
Executive Authority
President
Cabinet
Judicial Authority
General Provisions
Judiciary and Public Prosecution
State Council
Supreme Constitutional Court
Judicial Bodies
The legal profession
The experts
Local Administration
Local Administrative Division of the State
Local Councils
National Security and Defense
National Security Council
Armed Forces
National Defense Council
Military Judiciary
Police
Independent Bodies and Regulatory Agencies
Regulatory Agencies
National Anti Corruption Commission
Central Auditing Organization
Central Bank
Economic and Social Council
National Electoral Commission
Independent bodies
Supreme Authority for Endowment Affairs
Supreme Authority for Heritage Conservation
National Council for Education and Scientific Research
Independent Press and Media Organizations
Final And Transitional Provisions
Amendments to the Constitution
Transitional Provisions
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