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Chapter Five

Part Three: The Executive Authority
First Branch: The President of the Republic


Art.137:  

The President of the Republic shall assume executive power and shall exercise it in the manner stipulated in the Constitution.

Art.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.
Art.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.
Art.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."
Art.141:   The President of the Republic shall appoint the Prime Minister, his deputies, the Ministers and their deputies and relieve them of their posts.
Art.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.
Art.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.
Art.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.
Art.145:   The President of the Republic shall issue control regulations.
Art.146:   The President of the Republic shall issue the decisions necessary for establishing and organizing public services and administrations.
Art.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.
Art.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.
Art.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.
Art.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.
Art.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.
Art.152:   The President of the Republic may call a referendum of the People on important matters related to the supreme interests of the country.
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Second Branch: The Government
Art.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.
Art.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.
Art.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."
Art.156:   The Cabinet shall exercise in particular the following functions:
  1. 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.
  2. Directing, co-ordinating and following up the work of the ministries and their different administrations as well as public organizations and institutions.
  3. Issuing administrative and executive decisions in accordance with the laws and decrees and supervising their implementation.
  4. Preparing draft laws and decrees.
  5. Preparing the draft of the general budget of the State.
  6. Preparing the draft of the State’s overall plan.
  7. Contracting and granting loans in accordance with the rules of the Constitution.
  8. Supervising the implementation of law, maintaining State security and protecting the rights of the citizens and the interests of the State.
Art.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 .
Art.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.
Art.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.
Art.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.
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Third Branch: The Local Administration
Art.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.
Art.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.
Art.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.
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Fourth Branch: National Specialized Councils
Art.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.
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