Part Three: The Executive Authority
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| First Branch: The
President of the Republic |
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| Art.137: |
The President of the Republic shall assume executive power and shall exercise
it in the manner stipulated in the Constitution. |
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| 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. |
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| 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. |
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| 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." |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| Art.145: |
The President of the Republic shall
issue control regulations. |
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| Art.146: |
The President of the Republic shall
issue the decisions necessary for establishing and organizing public services
and administrations. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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 |
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| 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. |
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| 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. |
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| 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." |
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| Art.156: |
The Cabinet shall exercise in
particular the following functions:
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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.
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Directing, co-ordinating and following up the work of the ministries and their
different administrations as well as public organizations and institutions.
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Issuing administrative and executive decisions in accordance with the laws and
decrees and supervising their implementation.
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Preparing draft laws and decrees.
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Preparing the draft of the general budget of the State.
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Preparing the draft of the State’s overall plan.
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Contracting and granting loans in accordance with the rules of the
Constitution.
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Supervising the implementation of law, maintaining State security and
protecting the rights of the citizens and the interests of the State.
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| 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 . |
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| 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. |
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| 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. |
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| 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 |
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| 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. |
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| 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. |
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| 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 |
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| 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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