Part One: The Head of the State
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| Art.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. |
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| Art.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. |
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| Art.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. |
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| Art.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. |
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| Art.77**: |
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. |
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| Art.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. |
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| Art.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". |
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| Art.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. |
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| Art.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. |
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| Art.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. |
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| Art.83: |
In case of resignation, the
President of the Republic shall address his letter of resignation to the
People’s Assembly. |
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| Art.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. |
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| Art.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. |
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Amended according to the unanimity of the
people's approval to the constitutional amendment in the plebiscite conducted
May, 22nd 1980.
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