| The Amendment
Issue of the Constitution of the Arab Republic of
Egypt
The Head of the
State... Taking into account the results of the
referendum on the amendment of the Constitution of the Arab Republic of
Egypt conducted on May 22, l 980;
The public
consensus to amend the Constitution;
And cognizant of
article 189 of the Constitution;
Hereby issues the
amendment of the Constitution of the Arab Republic of Egypt according to
what has been agreed upon at the referendum, to be put into effect as of
the date the results of the referendum were
announced.
Mohamed Anwar El
Sadat
(Cairo-Ragab 7,
1400 Hijra-May 22, 1980 A.C.)
CONSTITUTIONAL
PROCLAMATION
We, the people of
Egypt, who have been toiling on this great land since the dawn of history
and the beginning of civilisation: We, the people working in
Egypt's villages, cities, plants, centres of education, industry and in
any field of work which contributes to create life on its soil or which
plays a part in the hounour of defending this land; We, the people who
believe in our immortal and spiritual heritage, and who are confident in
our profound faith, and cherish the honour of man and of humanity; We, the
people, who in addition to shouldering the trust of history, carry the
responsibility of great present and future objectives whose seeds are
embedded in the long and arduous struggle, and which hosted the
flags of freedom, socialism and unity along the path of the great march of
the Arab nation; We, the Egyptian people, in the name of God
and by His assistance, pledge indefinitely and unconditionally to exert
every effort to realise:
FIRST:
Peace to our
world: being determined that peace should be based on
justice, and that the political and social progress of all peoples can
only be realised through the freedom of these peoples and their
independent will, and that any civilisation is not worthy of its name
unless it is free form exploitation whatever its
form.
SECOND:
Union: the hope of our Arab Nation, being convinced
that Arab Unity is a call of history and of the future, and a demand of
destiny; and that it cannot materialise except through an Arab Nation,
capable of warding off any threat, whatever the source or the pretexts for
such a threat.
THIRD:
The constant
development of life in our nation: Being convinced that the
true challenge confronting nations is the realization of progress and that
such progress does not occur automatically, or through slogans; but that
the driving force behind it is the release of the potentials of creativity
and inspiration in our people, who have asserted at all times their
contribution to civilization and to humanity through work
alone. Our people have passed through successive
experiences, meantime offering rich experiences on the national and
international level and being guided by them, which ultimately took shape
in the July 23 Revolution of 1952. This Revolution was brought
about by the alliance of the working forces of our militant people who
were able, through profound and refined consciousness, to retina their
original character, but at the same time move forward in a bid to realist
full integration between science and faith, between political and social
freedom, between national independence and social affiliation; and to
participate in the worldwide struggle for the liberation of man, on the
political, economic, cultural and ideological levels, and in the struggle
against the forces of regression, domination an
exploitation.
FOURTH:
Freedom for the
humanity of the Egyptian man: Realising that man's
humanity and dignity are the lights which guide and direct the course of
the great development of mankind for the realisation of its supreme
ideal. Man's dignity is a natural reflection of the
nation's dignity, now that the individual is the cornerstone in the
edifice of the homeland, the land that derives its strength and prestige
from the value of man and his education.
The sovereignty
of law is not only a guarantee for the freedom of the individual alone,
but is also at the same time the sole basis for the legality of
authority. The alliance of the active popular powers is
not a means for social strife leading towards historical
development. In this modern age, it is a safety valve,
protecting the unity of working powers in the country and eliminating,
through democracy, and contradictions.
We, the people of
Egypt, out of determination, confidence and faith in all national and
international responsibilities, and in acknowledgment of God's right and
His Heavenly Messages, and in the right of the country and nation, as well
as of the principle and responsibility of mankind, and in the name of the
Almighty and His assistance, declare on the 11 Th. of September, 1971 that
we accept, and grant, to ourselves this Constitution, affirming our
determination to defend and protect it, and asserting our respect for it
in letter and spirit. |
|
PART
ONE
THE
STATE
Article
1
The Arab
Republic of Egypt is a democratic, socialist State based on the alliance
of the working forces of the people.
The Egyptian
people are part of the Arab Nation and work for the realisation of its
comprehensive unity.
Article
2
Islam is the
religion of the state and Arabic its official
language.
Islamic
jurisprudence is the principal source of
legislation.
Article
3
Sovereignty
is for the people alone they are the source of
authority.
The people
shall exercise and protect this sovereignty, and safeguard national unity
in the manner specified in the Constitution.
Article
4
The economic
foundation of the Arab Republic of Egypt is a socialist democratic system
based on sufficiency and justice in a manner preventing exploitation,
conducive to liquidation of income differences, protecting
legitimate earnings, and guaranteeing the equity of the distribution
of public duties and responsibilities.
Article
5
The political
system of the Arab Republic of Egypt is a multiparty one, within the
framework of the basic elements and principles of the Egyptian society as
stipulated in the Constitution (Political parties are regulated by
law).
Article
6
The Egyptian
nationality is defined by the law.
PART
TWO
BASIC
CONSTITUENTS OF THE SOCIETY
CHAPTER
1
Social and
Moral Constituents Article 7
Social
solidarity is the basis of the society.
Article
8
The State
shall guarantee equality of opportunity to all
citizens.
Article
9
The family is
the basis of the society founded on religion, morality and
patriotism.
The State is
keen to preserve the genuine character of the Egyptian family-with what it
embodies of values and traditions-while affirming and developing this
character in the relations within the Egyptian
society.
Article
10
The State
shall guarantee the protection of motherhood and childhood, take care of
children and youth and provide the suitable conditions for the
development of their talents.
Article
11
The State
shall guarantee the proper coordination between the duties of woman
towards the family and her work in the society, considering her equal with
man in the fields of political, social, cultural and economic life without
violation of the rules of Islamic
jurisprudence.
Article
12
The society
shall be committed to safeguarding and protecting morals, promoting the
genuine Egyptian traditions and abiding by the high standards of
religious education, moral and national values, historical heritage of the
people, scientific facts, socialist conduct and public morality within the
limits of the law.
The State is
committed to abiding by these principles and promoting
them.
Article
13
Work is
right, a duty and an honour ensured by the
State.
Workers who
excel in their field of work shall receive the appreciation of the State
and the society.
No work shall
be imposed on the citizens, except by virtue of the law, for the
performance of a public service and in return for a fair
remuneration.
Article
14
Public
offices are the right of all citizens and an assignment for their
occupants in the service of the people.
The State
guarantees their (the occupants) protection and the performance of their
duties in safeguarding the interests of the
people.
They may not
be dismissed by other than the disciplinary way, except in the cases
specified by the law.
Article
15
The war
veterans, those injured in war or because of it, and the wives and
children of those killed shall have priority in work opportunities
according to the law.
Article
16
The State
shall guarantee cultural, social and health services, and work to ensure
them for the villages in particular in an easy and regular manner in order
to raise their standard.
Article
17
The State-
shall guarantee social and health insurance services and all the citizens
have the right to pensions in cases of incapacity, unemployment and
old-age, in accordance with the law.
Article
18
Education is
a right guaranteed by the State.
It is
obligatory in the primary stage and the State shall work to extend
obligation to other stages.
The State
shall supervise all branches of education and guarantee the independence
of universities and scientific research centres, with a view to linking
all this with the requirements of society and
production.
Article
19
Religious
education shall be a principal subject in the courses of general
education.
Article
20
Education in
the State educational institutions shall be free of charge in its various
stages.
Article
21
Combating
illiteracy shall be a national duty for which all the people's energies
should be mobilized.
Article
22
The
institution of civil titles shall be
prohibited.
CHAPTER II
Economic Constituents Article 23
The national
economy shall be organised in accordance with a comprehensive development
plan which ensures
raising the
national income, fair distribution, raising the standard of living,
eliminating unemployment, increasing
work
opportunities, connecting wages with production, fixing a minimum and a
maximum limit for wages in a
manner which
guarantees lessening the disparities between
incomes.
Article
24
The people
shall control all the means of production and direct their surplus in
accordance with the development
plan laid
down by the State.
Article
25
Every citizen
shall have a share in the national revenue to be defined by the law in
accordance with his work or his
unexploiting
ownership
Article
26
The workers
shall have a share in the management and profits of the projects. They are
committed to the
development
of production and the implementation of the plan in their production
units, in accordance with the law.
protecting
the means of production is a national duty.
Workers shall
be represented on the boards of directors of the public sector units by at
least 50% of the number of
members of
these boards. The law shall guarantee for the small farmers and small
craftsmen 80% of the
membership on
the boards of directors of the agricultural CO-operatives and industrial
cooperatives.
Article
27
Beneficiaries
shall participate in the management of the services projects of public
interest and their supervision in
accordance
with the law.
Article
28
The State
shall look after the CO-operative establishments in all their forms and
encourage handicrafts with a
view to
developing production and raising income.
The State
shall endeavour to consolidate the agricultural cooperatives according to
modern scientific bases.
Article
29
Ownership
shall be under the supervision of the people and the protection of the
State.
There are
three kinds:
public
ownership, cooperative ownership and private
ownership.
Article
30
Public
ownership is the ownership of the people and it is confirmed by the
continuous consolidation of the public
sector.
The Public
sector shall be the vanguard of progress in all spheres and shall assume
the main responsibility in the
development
plan.
Article
31
Co-operative
ownership is the ownership of the co-operative societies. The law
guarantees its protection and
self-management.
Article
32
Private
ownership shall be represented by the unexploiting capital. The law
organises the performance of its social
function in
the service of national economy within the framework of the development
plan without deviation or
exploitation.
it may not be in conflict, in the ways of its use, with the general
welfare of the people.
Article
33
Public
ownership shall have its sanctity, and its protection and consolidation is
the duty of every citizen in
accordance
with the law, as it is considered the mainstay of the strength of the
homeland, a basis for the socialist
system and a
source of prosperity of the people.
Article
34
Private
ownership shall be safeguarded and may not be put under sequestration
except in the cases specified in the
law and with
a judicial decision. It may not be expropriated except for the general
good and against a fair
compensation
in accordance with the law. The right of inheritance is guaranteed in
it.
Article
35
Nationalisation shall not be allowed except for considerations of
public interest, in accordance with a law
and
against a
compensation.
Article
36
General
sequestration of funds shall be prohibited.
Private
sequestration shall not be allowed except with a judicial
decision.
Article
37
The law shall
fix the maximum limit of land ownership with a view to protecting the
farmer and the agricultural
labourer from
exploitation and asserting the authority of the alliance of the people's
working powers at the level of
the
village.
Article
38
The tax
system shall be based on social justice.
Article
39
Saving is a
national duty protected, encouraged and organised by the
State.
PART
THREE
PUBLIC
FREEDOMS, RIGHTS AND DUTIES
Article
40
All citizens
are equal before the law.
They have
equal public rights and duties without discrimination between them due to
race, ethnic origin, language,
religion or
creed.
Article
41
Individual
freedom is a natural right and shall not be
touched.
Except in
cases of a flagrant delicate no person may be arrested, inspected,
detained or his freedom restricted or
prevented
from free movement except by an or necessitated by investigations and
preservation of the security of
the
society.
This order
shall be given by the competent judge or the Public Prosecution in
accordance with the provisions of the
law.
The law shall
determine the period of custody.
Article
42
Any person
arrested, detained or his freedom restricted shall be treated in the
manner concomitant with the
preservation
of his dignity.
No physical
or moral harm is to be inflicted upon him.
He may not be
detained or imprisoned except in places defined by laws organising
prisons.
If a
confession is proved to have been made by a person under any of the
aforementioned forms of duress or
coercion, it
shall be considered invalid and futile.
Article
43
Any medical
or scientific experiment may not be undergone on any person without his
free consent.
Article
44
Homes shall
have their sanctity and they may not be entered or inspected except by a
causal judicial warrant
prescribed by
the law.
Article
45
The law shall
protect the inviolability of the private life of
citizens.
Correspondence, wires, telephone calls an other means of
communication shall have their own sanctity and
secrecy
and may not
be confiscated or monitored except by a causal judicial warrant and for a
definite period according to
the
provisions of the law.
Article
46
The State
shall guarantee the freedom of belief and the freedom of practice of
religious rites.
Article
47
Freedom of
opinion is guaranteed.
Every
individual has the right to express his opinion and to publicise it
verbally or in writing or by photography or
by other
means within the limits of the law.
Self-criticism and constructive criticism is the guarantee for the
safety of the national structure.
Article
48
Freedom of
the press, printing, publication and mass media shall be
guaranteed.
Censorship on
newspapers is forbidden as well as notifying, suspending or cancelling
them by administrative
methods.
In a state of
emergency or in time of war a limited censorship may be imposed on the
newspapers, publications and
mass media in
matters related to public safety or purposes of national security in
accordance with the law.
Article
49
The State
shall guarantee the freedom of scientific research and literary, artistic
and cultural invention and
provide the
necessary means for its realisation.
Article
50
No citizen
may be prohibited from residing in any place and no citizen may be forced
to reside in a particular place,
except in the
cases defined by the law.
Article
51
No citizen
may be deported from the country or prevented from returning to
it.
Article
52
Citizens
shall have the right to permanent or temporary
immigration.
The law shall
regulate this right and the measures and conditions of immigration and
leaving the country.
Article
53
The right to
political asylum shall be guaranteed by the State for every foreigner
persecuted for defending the
peoples'
interests, human rights, peace or justice.
The
extradition of political refugees is
prohibited.
Article
54
Citizens
shall have the right to peaceable and unarmed private assembly, without
the need for prior notice.
Security men
should not attend these private meetings.
Public
meetings, processions and gatherings are allowed within the limits of the
law.
Article
55
Citizens
shall have the right to form societies as defined in the
law.
The
establishment of societies whose activities are hostile to the social
system, clandestine or have a military
character is
prohibited.
Article
56
The creation
of syndicates and unions on a democratic basis is a right guaranteed by
law, and should have a moral
entity.
The law
regulates the participation of syndicates and unions in carrying out the
social programmes and plans,
raising the
standard of efficiency, consolidating the socialist behavior among their
members, and safeguarding
their
funds.
They are
responsible for questioning their members about their behavior in
exercising their activities according to
certain codes
of morals, and for defending the rights and liberties of their members as
defined in the law.
Article
57
Any assault
on individual freedom or on the inviolability of private life of citizens
and any other public rights and
liberties
guaranteed by the Constitution and the law shall be considered a crime,
whose criminal and civil lawsuit is
not liable to
prescription.
The State
shall grant a fair compensation to the victim of such an
assault.
Article
58
The defense
of the motherland is a sacred duty, and conscription is obligatory in
accordance with the law.
Article
59
Safeguarding,
consolidating and preserving the socialist gains is a national
duty.
Article
60
Protecting
national unity and keeping State secrets is the duty of every
citizen.
Article
61
Payment of
taxes and public imports is a duty, in accordance with the
law.
Article
62
Citizens
shall have the right to vote, nominate and express their opinions in
referendums according to the
provisions of
the law.
Their
participation in public life is a national
duty.
Article
63
Every
individual has the right to address public authorities in writing and with
his own signature.
Addressing
public authorities should not be in the name of groups, with the exception
of disciplinary organs and
moral
personalities.
PART
FOUR
SOVEREIGNTY
OF THE LAW
Article
64
Sovereignty
of the law shall be the basis of rule in the
State.
Article
65
The State
shall be subject to law.
The
independence and immunity of the judiciary are two basic guarantees to
safeguard rights and liberties.
Article
66
Penalty shall
be personal.
There shall
be no crime or penalty except by virtue of the
law.
No penalty
shall be inflicted except by a judicial
sentence.
Penalty shall
be inflicted only for acts committed subsequent to the promulgation of the
law prescribing them.
Article
67
Any defendant
is innocent until he is proved guilty before a legal court, in which he is
granted the right to defend
himself.
Every person
accused of a crime must be provided with counsel for his
defense.
Article
68
The right to
litigation is inalienable for all, and every citizen has the right to
refer to his competent judge.
The State
shall guarantee the accessibility of the judicature organs to litigants,
and the rapidity of statuting on
cases.
Any provision
in the law stipulating the immunity of any act or administrative decision
from the control of the
judicature is
prohibited.
Article
69
The right of
defense in person or by mandate is
guaranteed.
The Law shall
grant the financially incapable citizens the means to resort to justice
and defend their rights.
Article
70
No penal
lawsuit shall be sued except by an order from a judicature organ and in
cases defined by the law.
Article
71
Any person
arrested or detained should be informed, forthwith with the reasons for
his arrest or detention.
He has the
right to communicate, inform, and ask the help of anyone as prescribed in
the law.
He must be
faced, as soon as possible, with the charges directed against
him.
Any person
may lodge a complaint to the courts against any measure taken to restrict
his individual freedom.
The law
regulates the right of complaint in a manner ensuring a ruling regarding
it within a definite period, or else
release is
imperative.
Article
72
Sentences
shall be passed and executed in the name of the
people.
Likewise,
refraining to execute sentences or obstructing them on the part of the
concerned civil servants Is
considered a
crime punishable by law.
In this case,
those whom the sentence is in favour of, have the right to sue a direct
penal lawsuit before the
competent
court.
Part
Five
System of
Government
CHAPTER ONE
The Head of State Article 73
The Head of
State is the President of the Republic.
He shall
assert the sovereignty of the people, respect the Constitution and the
supremacy of the law, safeguard the
national
unity and the socialist gains, and maintain the boundaries between
authorities in a manner to ensure that
each shall
perform its role in the national action.
Article
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 these measures within sixty days of its
adoption.
Article
75
The person to
be elected President of the Republic must be an Egyptian born to Egyptian
parents and enjoy civil
and political
rights.
His age must
not be less than 40
Gregorian
years.
Article
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 to the post of President of the Republic shall be made in the
People's Assembly upon the proposal
of at least
one third of its member.
The candidate
who wins two-thirds of the votes of the Assembly members shall be referred
to the people for a
plebiscite.
If none of
the candidates obtains the said majority the nomination process shall be
repeated two days after the first
vote.
The candidate
winning the votes with an absolute majority 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 the votes cast
in the
plebiscite.
If the
candidate does not obtain this majority, the Assembly shall nominate
another candidate and the same
procedure
shall be followed.
Article
77
The term of
the Presidency is six Gregorian years starting from the date of the
announcement of the result of the
plebiscite.
The President
of the Republic may be re-elected for other successive
terms.
Article
78
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 the new President being made for any
reason whatsoever, the former
President
shall continue to exercise his functions until his successor is
elected.
Article
79
Before
exercising his powers, the President shall take the following oath before
the People's Assembly.
"I swear by
Almighty God to uphold the Republican system with loyality, to respect the
Constitution and the law,
to look after
the interests of the people fully and to safeguard the independence and
territorial integrity of the
motherland".
Article
80
The salary of
the President of the Republic shall be fixed by
law.
Any amandment
in the salary shall not come into force during the Presidential term in
which it is decided upon.
The President
of the Republic may not receive any other salary or
remuneration.
Article
81
During his
term 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 on lease any State property, sell to or exchange with the
State any property of his
whatsoever.
Article
82
If on account
of any temporary obstacle the President of the Republic is unable to carry
out his functions, he shall
delegate his
powers to a vice-president.
Article
83
In case of
resignation, the President shall address the letter of resignation to the
People's Assembly.
Article
84
In case of
the vacancy of the Presidential Office or the permanent disability of the
President of the Republic, the
President of
the People's Assembly shall temporarily assume the Presidency; and, if at
that time, the People's
Assembly is
dissolved, the President of the Supreme Constitutional Court shall take
over the Presidency, however,
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 from
the day of the vacancy
of the
Presidential Office.
Article
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
shall be suspended from the exercise of his duty 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 organise the trial procedures and define the
penalty.
If he is
found guilty, he shall be relieved of his post, without prejudice to other
penalties.
CHAPTER II
THE LEGISLATURE The People's Assembly Article
86
The People's
Assembly shall exercise the legislative power and approve the general
policy of the State, the
general plan
of economic and social development and the general budget of the
State.
It shall
exercise control over the work of the executive authority in the manner
prescribed by the Constitution.
Article
87
The law shall
determine the constituencies into which the State shall be divided and the
number of elected
members of
the People's Assembly must be at least 350
persons, of
which one half at least must be workers and farmers elected by direct
secret public balloting.
The
definition of the worker and the farmer shall be made by
law.
The President
of the Republic may appoint a number of members not exceeding
ten.
Article
88
The necessary
conditions stipulated in the members of the People's Assembly shall be
defined by law.
The rules of
election and referendum shall be determined by law, while the ballot shall
be conducted under the
supervision
of members of a judiciary organ.
Article
89
Employees of
the State and of the public sector nominate themselves for membership in
the People's Assembly.
The member of
the people's Assembly shall devote himself to membership in the Assembly
except in cases
specified by
law.
His post or
work shall be held over for him in accordance with the provisions of the
law.
Article
90
The member of
the People's Assembly shall take the following oath before the Assembly
before entering upon his
duties:
"I swear by
God Almighty, that I shall preserve the safety of the nation and the
Republican regime, shall attend to
the interests
of the people and shall respect the Constitution and
law".
Article
91
Members of
the People's Assembly shall receive a remuneration determined by the
law.
Article
92
The duration
of the People's Assembly term is five Gregorian years from the date of its
first meeting.
Elections for
renewal of the Assembly shall take place within the sixty days preceding
the termination of the term.
Article
93
The People's
Assembly shall be the only authority competent to decide upon the validity
of its members.
A Court of
Causation shall be competent to investigate the validity of contestation
presented to the Assembly, on
being
referred to it by the President of the
Assembly.
The
contestation shall be referred to the Court of Cassation within fifteen
days as from the date on which the
Assembly was
informed of it, while the investigation shall be completed within ninety
days from the date on which
the
contestation is referred to the Court of
Cassation.
The result of
the investigation and the decision reached by the Court shall be submitted
to the Assembly to decide
upon the
validity of the contestation within sixty days from the date of submission
of the result of the investigation
to the
Assembly.
The
membership will not be deemed invalid except by a decision taken by a
majority of two-thirds of the Assembly
members.
Article
94
If the seat
of a member becomes vacant before the end of his term, a successor shall
be elected or appointed to it,
within sixty
days from the date of the communication to the Assembly of the occurrence
of the vacancy.
The term of
the new member shall extend until the end of the term of his
predecessor.
Article
95
No member of
the People's Assembly shall, during his mandate, purchase or rent any
State property; or lease or
sell to the
State or barter with it regarding any part of his property, or conclude a
contract with the State in his
capacity as
entrepreneur, importer or contractor.
Article
96
No membership
in the People's Assembly shall be revoked except on the grounds of loss of
confidence or status or
of one of the
conditions of membership, or the loss of the member's status as a worker
or farmer upon which he
was elected
or the violation of the member's mandate.
The
membership shall be deemed invalid on the grounds of a decision taken by a
majority of two-thirds of the
Assembly
members.
Article
97
The People's
Assembly alone may accept the resignation of its members
.
Article
98
Members of
the People's Assembly shall not be censured for any opinions or thoughts
expressed by them in the
performance
of their tasks in the Assembly or its
committees.
Article
99
No member of
the People's Assembly shall be subject to a criminal prosecution without
the permission of the
Assembly
except in cases of flagrant delicto.
If the
Assembly is not in session, the permission of the President of the
Assembly must be taken.
The Assembly
must be notified of the measures taken in its first subsequent
session.
Article
100
The seat of
the People's Assembly shall be Cairo.
However, in
exceptional circumstances, it may meet another city, at the request of the
President of the Republic or
the majority
of the Assembly members.
Any meeting
of the Assembly in other than its designated seat is illicit and the
resolutions passed in it shall be
considered
invalid.
Article
101
The President
of the Republic shall convoke the People's Assembly for its ordinary
annual session before the
second
Thursday of November.
If it is not
convoked, the Assembly shall meet, by force of the Constitution, on the
said day.
The session
of the ordinary meeting shall continue for at least seven
months.
Article
102
The President
of the Republic may call the People's Assembly to an extraordinary
meeting, in case of necessity, or
upon a
request signed by a majority of the Assembly
members.
The President
of the Republic shall announce the dismissal of the extraordinary
meeting.
Article
103
The People's
assembly shall elect, in the first meeting of its ordinary annual session,
a president and a
vice-president for the term of the
session.
If the seat
of anyone of them is vacated, the Assembly shall elect a replacement,
whose term will last until the end
of his
predecessors term.
Article
104
The People's
Assembly shall lay down its own rules of procedure organising the manner
of the fulfilment of its
tasks.
Article
105
The people's
Assembly alone shall be entitled to preserve order inside
it.
The President
of the Assembly shall be entrusted with this
task.
Article
106
The meetings
of the People's Assembly shall be public.
However, a
meeting in camera may be held at the request of the president of the
Republic or of the government or
of its Prime
Minister or at least twenty of its members.
The Assembly
shall then decide whether the debate on the question submitted to it shall
take place in a public
meeting or in
a meeting in camera.
Article
107
The meeting
of the Assembly shall be considered invalid if the majority of its members
are not present.
The
resolution of the Assembly shall be adopted by an absolute majority of the
attending members, in cases other
than those
for which a specific majority is required.
Every article
of the draft laws shall be put to a vote.
In case of a
tie vote, the question on which the debate had taken place shall be
rejected.
Article
108
The president
of the Republic shall have the right, in case of necessity or in
exceptional cases and on the
authorisation
of the People's Assembly upon the approval of a majority of two thirds of
its members, to issue
resolutions
having the force of law.
The
authorisation must be for a limited period of time during which the
subjects of the resolutions and the grounds
upon which
they are based, must be determined.
The
resolutions must be submitted to the People's Assembly in the first
meeting after the end of the authorisation
period.
If they are
not submitted or if they are submitted and not approved by the Assembly,
they shall cease to have the
force of
law.
Article
109
The President
of the Republic and every member of the People's Assembly shall have the
right to propose laws.
Article
110
Every draft
law shall be referred to a committee of the Assembly which will study it
and submit a report concerning
it.
Draft laws
presented by members of the People's Assembly shall not be referred to
this committee unless they are
first
referred to a special committee which will study them and give an opinion
on the suitability of their
consideration
by the Assembly and after the Assembly decides to consider
them.
Article
111
Every draft
law proposed by a member and rejected by the Assembly cannot be presented
again in the course of
the same
session.
Article
112
The president
of the Republic shall have the right to promulgate laws or object to
them.
Article
113
If the
President of the Republic objects to a draft law ratified by the People's
Assembly he shall refer it back to the
Assembly
within thirty days from the Assembly's communication of
it.
If the draft
law is not referred back within this period, it is considered a law shall
be promulgated.
If it is
referred back to the Assembly on the said date and approved once again by
a majority of two- thirds of the
members, it
shall be considered a law and shall be
promulgated.
Article
114
The people's
Assembly shall approve the general plan for economic and social
development.
The manner of
the preparation of the plan and of its submission to the people's Assembly
shall be determined by
law.
Article
115
The draft
general budget shall be submitted to the people's Assembly at least two
months before the beginning of
the fiscal
year.
It shall be
considered in effect after approval.
The draft
budget shall be voted upon title by title and shall be promulgated by a
law.
The people's
Assembly may not effect any modification in the draft budget except with
the approval of the
government.
In case the
ratification of the new budget does not take place before the beginning of
the fiscal year, the old budget
shall be
acted on pending such ratification.
The manner of
the preparation of the budget as well as the determination of the fiscal
year shall be determined by
law
.
Article
116
The approval
of the people's Assembly shell be considered necessary for the transfer of
any funds one title of the
budget to
another title, as well as for any expenditure not included in it or excess
of its estimates, and this shall be
issued by a
law.
Article
117
The
provisions regulating the budgets and accounts of public organisations and
organisms shall be prescribed by
law.
Article
118
The final
account of the State budget shall be submitted to the people's Assembly
within a period not exceeding
one year from
the date of the expiration of the fiscal
year.
It shall be
voted-upon title by title and issued by a
law.
The annual
report of the Central Agency for Accounting and its observations must be
submitted to the People's
Assembly.
The Assembly
has the right to demand from the Central Agency for Accounting any data or
other pertinent
reports.
Article
119
The
imposition, modification or abolition of general taxes cannot be effected
except in the cases decreed by law.
No one may be
exempted from their payment except in the cases specified by
law.
No one may be
asked to pay additional taxes or imposts except in the cases specified by
law.
Article
l20
The basic
rules for collection of public funds and the procedure for their
disbursement shall be regulated.
Article
l21
The Executive
Authority shall not contract a loan or bind itself to a project entailing
expenditure of funds from the
State
Treasury in the course of a subsequent period, except with the approval of
the People's Assembly.
Article
122
The rules
governing the granting of salaries, pensions, indemnities, subsides and
bonuses from the state Treasury
shall be
determined by law which shall also regulate the cases excepted from these
rules, and the authorities
charged with
their application.
Article
123
The rules and
procedures for granting concessions relating to investment of the sources
of natural wealth and of
public
utilities shall be determined by law; disposal, free of charge, of real
estate properties belonging to the State
or the ceding
of moveable properties of the State and the rules and problems relating to
them shall also be
determined by
law.
Article
124
Every member
of the People's Assembly shall be entitled to address questions to the
Prime Minister or any of his
deputies or
the Ministers or their deputies concerning matters within their
jurisdiction.
The Prime
Minister, his deputies, the Ministers and the persons they delegate on
their behalf shall answer the
questions put
to them by members.
The member
may withdraw his question at any time; this same question may not be
transformed into an
interpellation in the same session.
Article
125
Every member
of the People's Assembly shall be entitled to address Inteprellations to
the Prime Minister or his
deputies or
the Ministers or their deputies concerning matters within their
jurisdiction.
Debate on an
interpllation shall take place at least seven days after its submission,
except in the cases of urgency
as decided by
the Assembly and with the government's
consent.
Article
126
The Ministers
shall be responsible collectively for the general policy of the State
before the People's Assembly;
also every
Minister shall be responsible for the acts of his
Ministry.
The People's
Assembly may decide to withdraw its confidence from any of the Prime
Minister's deputies or from
many of the
Ministers or their deputies.
A motion of
no confidence should not be submitted except after an
interpellation.
Such a motion
should be proposed by one-tenth of the Assembly's
members.
The Assembly
should not decide on such a motion until after at least three days from
the date of its presentation. |