FACTBOX l What powers will Egypt's new president have?

Tuesday 03-06-2014 02:41 PM
FACTBOX l What powers will Egypt's new president have?

A child waves an Egyptian flag on the third day of voting in the presidential election in Shubra El-Kheima, near Cairo, May 28, 2014. REUTERS/Asmaa Waguih

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Egypt's Presidential Elections Commission (PEC) will hold a press conference on Tuesday to announce the final outcome of last week's presidential election. Below are the authorities of the new president in accordance with the 2014 constitution: 

Article 139 Mandate

The President of the Republic is the head of state and head of the executive branch of government. He defends the interests of the people, safeguards the independence, territorial integrity and safety of the nation, and abides by the provisions of the Constitution and carries out his responsibilities in the manner prescribed therein.

Article 140 Term, election, prohibition on partisan positions

The President of the Republic is elected for a period of four calendar years, commencing on the day the term of his predecessor ends. The President may only be reelected once.

The procedures for electing the President of the Republic begin at least 120 days before the end of the presidential term. The result is to be announced at least 30 days before the end of term.

The President of the Republic may not hold any partisan position for the duration of the presidency.

Article 141 Conditions for candidacy

A presidential candidate must be an Egyptian born to Egyptian parents, and neither he, his parents or his spouse may have held other citizenship. He must have civil and political rights, must have performed the military service or have been exempted therefrom by law, and cannot be younger than 40 years on the day that candidacy registration is opened. Other requirements for candidacy are set out by law.

Article 142 Conditions for candidacy

To be accepted as a candidate for the presidency, candidates must receive the recommendation of at least 20 elected members of the House of Representatives, or endorsements from at least 25,000 citizens who have the right to vote, in at least 15 governorates, with a minimum of 1,000 endorsements from each governorate.

In all cases, no one can endorse more than one candidate. This is organized by law.

Article 143 Election

The President of the Republic is elected by direct secret ballot, with an absolute majority of valid votes.

The procedures for electing the President of the Republic are regulated by law.

Article 144 Oath

Before assuming the functions of the presidential office, the President of the Republic takes the following oath before the House of Representatives: “I swear by Almighty God to loyally uphold the republican system, to respect the Constitution and the law, to fully uphold the interests of the people and to safeguard the independence and territorial integrity of the nation.”

In case of the absence of the House of Representatives, the oath is to be taken before the General Assembly of the Supreme Constitutional Court.

Article 145 Remuneration

The salary of the President of the Republic is stipulated by law. The President cannot receive any other salary or remuneration. No modification to the salary may come into effect during the presidential term during which it is approved. The president may not engage throughout the presidential term, whether in person or through an intermediary, in an independent profession or commercial, financial or industrial activity, nor is the President allowed to buy or rent any piece of state property, public-law legal persons or public sector companies, nor lease, sell or barter with the state any part of his own property, nor conclude a contract with the state as vendor, supplier, contractor or other as set out by law. Any such actions shall be considered null and void.

The President must submit a financial disclosure upon taking office, upon leaving it, and at the end of each year. The disclosure is to be published in the Official Gazette.

Throughout the presidential term, the President of the Republic may not award himself any orders, badges or medals. If because of or in relation to the presidential post, the President receives, in person or through an intermediary, cash or in-kind gifts, ownership thereof reverts to the state treasury.

Article 146 Government formation

The President of the Republic assigns a Prime Minister to form the government and present his program to the House of Representatives. If his government does not obtain the confidence of the majority of the members of the House of Representatives within no more 30 days, the President appoints a Prime Minister based on the nomination of the party or the coalition that holds a plurality of seats in the House of Representatives. If his government fails to win the confidence of the majority of the members of the House of Representatives within 30 days, the House is deemed dissolved, and the President of the Republic calls for the elections of a new House of Representatives within 60 days from the date the dissolution is announced.

In all cases, the sum of the periods set forth in this Article shall not exceed 60 days.

In the event that the House of Representatives is dissolved, the Prime Minister presents the government and its program to the new House of Representatives at its first session.

 In the event that the government is chosen from the party or the coalition that holds a plurality of seats at the House of Representatives, the President of the Republic may, in consultation with the Prime Minister, choose the Ministers of Justice, Interior, and Defense.

Article 147 Governmental exemption

The President of the Republic may exempt the government from carrying out its tasks, provided that the House of Representatives approves of such with a majority.

The President of the Republic may conduct a cabinet reshuffle after consultation with the Prime Minister and the approval of the House of Representatives with an absolute majority of attendees that is no less than one third of its members.

Article 148 Delegation of authorities

The President of the Republic may delegate some of his authorities to the Prime Minister, his deputies, the ministers, or the governors. None of them may delegate others. This will be organized by law.

Article 149 Convening of government

The President of the Republic may call the government to meeting to discuss important matters, and presides over the meetings that he attends.

Article 150 The state’s general policy

The President of the Republic, jointly with the Cabinet, sets the general policy of the state and oversees its implementation as set out by the Constitution.  

The President of the Republic may deliver a statement on the state’s general policy before the House of Representatives at the opening of its regular session.

The President may make other statements or convey other messages to the House.

Article 151 Foreign relations

The President of the Republic represents the state in foreign relations and concludes treaties and ratifies them after the approval of the House of Representatives. They shall acquire the force of law upon promulgation in accordance with the provisions of the Constitution.

With regards to any treaty of peace and alliance, and treaties related to the rights of sovereignty, voters must be called for a referendum, and they are not to be ratified before the announcement of their approval in the referendum.

In all cases, no treaty may be concluded which is contrary to the provisions of the Constitution or which leads to concession of state territories.

Article 152 The president and the armed forces

The President of the Republic is the Supreme Commander of the Armed Forces. The President cannot declare war, or send the armed forces to combat outside state territory, except after consultation with the National Defense Council and the approval of the House of Representatives with a two-thirds majority of its members.

If the House of Representatives is dissolved, the Supreme Council of the Armed Forces (SCAF) must be consulted and the approval of the Cabinet and National Defense Council must be obtained.

Article 153 Appointment of civil and military personnel and diplomats

The President of the Republic appoints civil and military personnel and diplomatic representatives and dismisses them, and confirms political representatives to foreign countries and organizations in accordance with the law.

Article 154 State of emergency

The President of the Republic declares, after consultation with the Cabinet, a state of emergency in the manner regulated by law. Such proclamation must be submitted to the House of Representatives within the following seven days to consider it.

If the declaration takes place when the House of Representatives is not in regular session, a session is called immediately in order to consider the declaration.

In all cases, the declaration of a state of emergency must be approved by a majority of members of the House of Representatives. The declaration is for a specified period not exceeding three months, which can only be extended by another similar period upon the approval of two-thirds of House members. In the event the House of Representatives is dissolved, the matter is submitted to the new House in its first session.

The House of Representatives cannot be dissolved while a state of emergency is in force.

Article 155 Pardon and amnesty

The President of the Republic may issue a pardon or mitigate a sentence after consulting with the Cabinet.

General amnesty may only be granted in a law, which is ratified by a majority of members of the House of Representatives.

Article 156 Decrees that have the force of law

In the event that the House of Representatives is not in session, and where there is a requirement for urgent measures that cannot be delayed, the President of the Republic convenes the House for an emergency session to present the matter to it. In absence of the House of Representatives, the President of the Republic may issue decrees that have the force of law, provided that these decrees are then presented to the House of Representatives, discussed and approved within 15 days from the date the new House convenes. If such decrees are not presented to the House and discussed, or if they are presented but not approved, their legality is revoked retroactively, without the need to issue a decision to that effect, unless the House affirms their validity for the previous period, or chooses to settle the consequent effects.

Article 157 Referendum

The President of the Republic may call for a referendum on issues relating to the supreme interests of the country without prejudice to the provisions of the Constitution.

If the call for a referendum relates to more than one issue, the people must vote on each individual issue.

Article 158 Resignation

The President of the Republic may submit his resignation to the House of Representatives. If the House is dissolved, he submits it to the General Assembly of the Supreme Constitutional Court.

Article 159 Prosecution

A charge of violating the provisions of the Constitution, high treason or any other felony against the President of the Republic is to be based on a motion signed by at least a majority 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 and after an investigation to be carried out by the Prosecutor General.

If there is an impediment, he is to be replaced by one of his assistants.

As soon as an impeachment decision has been issued, the President of the Republic ceases all work; this is treated as a temporary impediment preventing the President from carrying out presidential duties until a verdict is reached in the case.

The President of the Republic is tried before a special court headed by the president of the Supreme Judicial Council, and with the membership of the most senior deputy of the president of the Supreme Constitutional Court, the most senior deputy of the president of the State Council, and the two most senior presidents of the Court of Appeals; the prosecution to be carried out before such court by the

Prosecutor General. If an impediment exists for any of the foregoing individuals, they are replaced by order of seniority. The court verdicts are irrevocable and not subject to challenge.

The law organizes the investigation and the trial procedures. In the case of conviction, the President of the Republic is relieved of his post, without prejudice to other penalties.

Article 160 Vacancy

If on account of a temporary impediment, the President of the Republic is rendered unable to carry out the presidential functions, the Prime Minister acts in his place.

If the Presidential office becomes vacant, due to resignation, death, permanent disability to work or any other reason, the House of Representatives announces the vacancy of the office. If the vacancy occurs for any other reason, the House announces it with a two-thirds majority. The House notifies the National Elections Commission, the Speaker of the House of Representatives temporarily assumes presidential powers.

In the event the House of Representatives is dissolved, the General Assembly of the Supreme Constitutional Court and its chairman replace the House of Representatives and its Speaker.  

In all cases, a new president must be elected during a period not exceeding 90 days from the date the office becomes vacant. In such a case, the presidential term commences as of the date the result of elections is announced.

The interim President is not allowed to run for this office, request any amendment to the Constitution, dissolve the House of Representatives or dismiss the government.

Article 161 Withdrawal of confidence

The House of Representatives may propose to withdraw confidence from the President of the Republic and hold early presidential elections upon a causal motion signed by at least a majority of the members of the House of Representatives and the approval of two-thirds of its members. The motion may only be submitted once for the same cause during the presidential term.

Upon the approval of the proposal to withdraw confidence, the matter of withdrawing confidence from the President of the Republic and holding early presidential elections is to be put to public referendum by the Prime Minister. If the majority approves the decision to withdraw confidence, the President of the Republic is to be relieved from his post, the office of the President of the Republic is to be deemed vacant, and early presidential elections are to be held within 60 days from the date the referendum results are announced. If the result of the referendum is refusal, the House of Representatives is to be deemed dissolved, and the President of the Republic is to call for electing a new House of Representatives within 30 days of the date of dissolution.

Article 162 Priority of presidential elections

If the vacancy of the presidential office occurs at the same time that a referendum or the election of the House of Representatives is being held, the presidential elections are given priority. The existing parliament continues in place until the completion of the presidential elections.

Read full constitution

* Disclaimer: This is an unofficial translation of Egypt's draft constitution, produced by the International Institute for Democracy and Electoral Assistance (International IDEA)

* Titles for each article have been included by International IDEA in this translation solely for ease of reference. The article titles are not to be attributed to the drafters and should not be used to inform interpretation. Chapter and section titles were translated from the original text.

* Draft dated 2 December 2013 of the Constitution of the Arab Republic of Egypt. Prepared pursuant to Article 29 of the Constitutional Declaration dated 8 July 2013. Unofficial translation prepared by International IDEA (www.idea.int).

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