14 constitutional articles subject to amendment: what changed?

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Tue, 16 Apr 2019 - 07:53 GMT

A ballot of Egyptian voters used in the constitutional referendum in 2012 – Wikimedia Commons/Yuli Weeks

A ballot of Egyptian voters used in the constitutional referendum in 2012 – Wikimedia Commons/Yuli Weeks

CAIRO – 16 April 2019: The report of the Parliament’s legislative committee has embedded the final legal context of the proposed constitutional amendments, including adding 10 new articles and amending 14 others, while an article was added to repeal the titles of two chapters of the constitution.

Egypt Today has received a copy of the report, through which the legislative committee viewed the 14 amended articles of the 2014 Constitution, before and after being amended.

Article 102, Paragraph 1

Before:The House of Representatives shall consist of at least 450 members, elected through a direct and secret ballot.

After:The House of Representatives shall consist of at least 450 members, elected through a direct and secret ballot. At least quarter the number of the parliamentary seats shall be given to women.

Article 102, Paragraph 3

Before:The law shall specify the other conditions of nomination (for the Parliament), the electoral system, and the division of the constituencies while taking into consideration the fair representation of the population, the governorates and the equal representation of the electorate. Nomination for the Parliament can take place through single-member election or multi-member election, or both together.

After:The underlined part of the article was removed.

Article 140, Paragraph 1

Before:The president of the Republic shall be elected for four Gregorian years starting on the day following the expiry of his predecessor's term, and cannot be reelected except for only one time.

After:The president of the republic shall be elected for a term of six Gregorian years, starting on the day following the expiry of his predecessor's term, and may not hold office for more than two consecutive terms.

Article 160, Paragraph 1

Before: If a temporary impediment prevents the president of the republic from performing his duties, he shall be (temporarily) replaced by the prime minister.

After:If a temporary impediment prevents the president of the republic from performing his duties, he shall be (temporarily) replaced by the vice-president of the Republic or by the prime minister when there is no vice-president or when the vice-president cannot replace the president (then).

Article 160, last paragraph

Before:The interim president cannot run for this position, request amending the Constitution, dissolving the House of Representatives or dismissing the Government.

After:No one replacing the president of the Republic or the acting president can request amending the Constitution, dissolving the House of Representatives or the Senate, or dismissing the Government. Also, the interim president of the republic cannot run for this position.

Article 185

Before: Each of the judicial bodies or authorities shall have its own affairs and shall have its own independent budget, with all its (the budget’s) elements discussed by the Parliament … and shall be consulted in terms of the draft laws organizing its affairs.

After: Each of the judicial bodies or authorities shall have its own affairs, and shall be consulted concerning the draft laws regulating its affairs; each of these bodies shall have an independent budget.

The president of the Republic shall appoint the heads of the judicial bodies or authorities, out of the oldest seven deputies of each of the heads, for a period of four years, or until their retirement age, whichever is earlier, and for one time throughout their terms of office, as regulated by law.

A supreme council for the judicial authorities headed by the president of the Republic shall hold these authorities' common affairs. The members of the council would include the head of the Supreme Constitutional Court, the heads of the judicial authorities, the head of Cairo Appeal Court, and the Attorney-General.

The council shall have a secretary who is appointed by the president of the republic for a period of time specified by the law.

In the absence of the president of the republic, he shall be replaced temporarily by who he authorizes from among the heads of the judicial authorities.

Article 189, Paragraph 2

Before: The Public Prosecutor shall be chosen by the Supreme Judicial Council from among the deputy heads of the Court of Cassation, or the heads of the courts of appeal, or and the assistant attorneys for a period of four years or until reaching retirement age, whichever earlier, and for once.

After: The Public Prosecutor shall be appointed by a decision of the president of the republic out of three nominees from the Supreme Judicial Council, the deputy heads of the Court of Cassation and the heads of the courts of appeal and the assistant attorneys for a period of four years or until reaching retirement age, whichever comes first, and for once.

Article 190

Before: The State Council is an independent judicial body exclusively concerned with the adjudication of administrative disputes, disputes concerning the implementation of all its provisions, as well as the adjudication of disciplinary cases and appeals. It is the only one concerned with giving opinions for the legal issues of the bodies determined by the law, revising the draft laws, the decisions that have a legislative character, the draft contracts which the law determines them and their values, and which the state or one of the public authorities is one of their parties.

After: The word “only” was removed, and the adjudication of the decisions of disciplinary boards was added to its responsibilities.

Article 193, Paragraph 3

Before: The general assembly shall choose the head of the Constitutional Court from among the oldest three deputies of the Court’s head. It also chooses the deputies of the head and the members of its board of commissioners. The president of the Republic shall issue their appointment decree, all as prescribed by law.

After:The president of the Republic shall choose the head of the Constitutional Court from among the five oldest deputy heads of the Court. The president of the Republic shall also appoint the deputy head of the Court from among two candidates, one of whom shall be nominated by the general assembly of the Court, while the head of the court shall nominate the other.

The head of the board of commissioners and its members shall be appointed by a decision of the president of the republic based on the nomination of the head of the Court, and after consulting the general assembly of the court, all as prescribed by law.

Article 200, Paragraph 1

Before: The Armed Forces belong to the people, and its mission is to protect the country, preserve its security and territorial integrity. Only the state is charged with forming these forces and it is prohibited for any person, authority, body or group to form military or paramilitary formations.

After: The Armed Forces belong to the people, and its mission is to protect the country, preserve its security and territorial integrity, safeguard the constitution and democracy, and preserve the basic elements of the state and its civil character, the people's gains and the rights and liberties of individuals. Only the state is charged with forming these forces and it is prohibited for any person, authority, body or group to form military or paramilitary formations.

Article 204, Paragraph 2

Before: A civilian shall not be tried before a military court except for crimes that constitute a direct attack on military installations, camps of the Armed Forces or the like, the military or border areas, the forces' equipment, vehicles, weapons, ammunition, documents, military secrets, its public funds, military factories, or crimes related to recruitment, or crimes that constitute a direct attack on its officers or members for the performance of their duties.

After: A civilian shall not be tried before a military court except for crimes that constitute an (direct was removed) attack on military installations, camps of the Armed Forces or the like, the facilities that are being protected by the Armed Forces, the military or border areas, the forces' equipment, vehicles, weapons, ammunition, documents, military secrets, its public funds, military factories, or crimes related to recruitment, or crimes that constitute a direct attack on its officers or members for the performance of their duties.

Article 234

Before: The minister of defense shall be appointed after the approval of the Supreme Council of the Armed Forces. The provisions of this article shall apply to two full presidential terms once the constitution comes into effect.

After: The minister of defense shall be appointed after the approval of the Supreme Council of the Armed Forces. (The last phrase was removed).

Article 243

Before: The State shall ensure that workers and peasants are properly represented in the first parliament elected after this constitution comes into effect, as specified by law.

After: The State shall ensure that workers and peasants are properly represented in the Parliament, as specified by law.

Article 244

Before: The State shall ensure that the youth, Christians, persons with disabilities and Egyptians residing abroad are represented in an appropriate manner, in the first parliament elected after this constitution comes into effect, as specified by law.

After: The State shall ensure that the youth, Christians, persons with disabilities and Egyptians residing abroad are represented in an appropriate manner, as specified by law.

Article (150 bis) Addendum:

The President of the Republic may appoint a large number of deputies, determine their competencies, and may delegate them in some of his duties, relieve them of their posts, and accept their resignation. The Vice-Presidents of the Republic shall take the oath before assuming office Provided for in article 144 of the Constitution before the President of the Republic. The provisions of the Constitution shall apply to the Vice-Presidents of the Republic.

Article (241 bis) Addendum:

The president of the republic shall be elected for a term of six Gregorian years, starting on the day following the expiry of his predecessor's term, and may hold office for more than two consecutive terms.

Article (244 bis) Addendum

The provisions of the first paragraph of Article 102 shall apply as of the next legislative chapter.


Article 248

The Senate is concerned with studying and proposing what it sees as a tool to consolidate democracy, support national unity, social peace, the basic values of society, supreme values, rights, freedoms and public duties, and deepen and expand the democratic system.

Article 249

The opinion of the Senate shall be taken as follows:

- Proposals for the amendment of one or more articles of the Constitution.

- Projects concerning the general plan for Social and Economic Development

- Treaties of reconciliation and alliance and all treaties relating to the rights of sovereignty.

- Draft laws supplementing the Constitution and others referred to Senate by the President of the Republic.

- What the President of the Republic refers to the Senate concerning the general policy of the State or its policy in Arab or foreign affairs.

The Council shall give its opinion on these matters to the President of the Republic and the President of the Council of Representatives.

Article 250

The Senate shall consist of a number of members determined by law, not less than 180 members. Two-thirds of the members of the Council shall be elected by direct secret universal suffrage. The President of the Republic shall appoint the remaining third and the elections shall be held in accordance with the law.


Article (251) (Added):
A candidate for membership in the Senate or the person who appoints him must be an Egyptian with civil and political rights. He must have at least a university degree or equivalent, and his age must be less than thirty five years. The law specifies the conditions of candidacy, electoral system and the division of constituencies to take into account the equitable representation of the population and the governorates. Nomination can take place through single-member election or multi-member election, or both together.


Article (252) (Added):

The membership of the Senate and House of Representatives shall not be combined.


Article (253) (Added):
The Prime Minister, his deputies, ministers and other members of the government are not accountable to the Senate.


Article (254) (Added):

The provisions of the Constitution shall apply to the Senate in articles 103, 104, 105, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 1, 2, 132, 133, 136 and 137, in a manner not inconsistent with the provisions of this section, provided that the specializations in the said articles shall be exercised by the Senate and its President.

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