General, Transitional and Senate Provisions

The city of Cairo is the capital of the Arab Republic of Egypt.

The national flag of the Arab Republic of Egypt consists of three colors; black, white, and red with an eagle taken from the “Eagle of Salah El Din” in golden yellow. The emblem, decorations, insignia, seal and the national anthem shall be determined by Law.

Desecration of the Egyptian flag shall be a crime punishable under the law.

All the provisions stipulated by laws and regulations prior to the promulgation of this Constitution shall remain in force, and they may neither be amended nor repealed except in accordance with the regulations and procedures prescribed herein.

The state shall be obliged to issue laws executing the provisions of this Constitution.

Laws shall be published in the Official Gazette within 15 days from the date of their issuance, to be effective after 30 days from the day following the date of publication, unless the law specifies a different date.

Provisions of the laws shall only apply from the date of their entry into force. However, in articles pertaining to non-criminal and non-tax-related matters, the contrary may be provided for in the law, upon approval by a majority of two thirds of the members of House of Representatives.

The amendment of one or more articles of the Constitution may be requested by the President of the Republic or one-fifth of the members of the House of Representatives. The request shall specify the articles requested to be amended and the reasons for such amendment.

In all cases, the House of Representatives shall discuss the amendment request within 30 days from the date of its receipt. The House shall issue its decision to accept the request in whole or in part by a majority of its members.

If the request is rejected, the same articles may not be requested to be amended again before the next legislative term.

If the amendment request is approved by the House, it shall discuss the text of the articles requested to be amended within 60 days from the date of approval. If approved by a two-thirds majority of the House’s members, the amendment shall be put to a public referendum within 30 days from the date the approval is issued. The amendment shall be effective from the date on which the referendum’s result and the approval of a valid majority of the participants in the referendum are announced.

In all cases, texts pertaining to the re-election of President of the Republic or the principles of freedom or equality stipulated in this Constitution may not be amended, unless the amendment brings more guarantees.

The Constitution and its preamble and all its provisions constitute an integral text and an indivisible whole, and its provisions constitute one coherent unit.

The High Electoral Committee and the Presidential Election Committee existing at the time this Constitution comes into force shall undertake the full supervision of the first parliamentary and presidential elections following the effective date of the Constitution. The funds of the two committees shall be transferred to the National Electoral Commission, immediately upon its formation.

The elections of the House of Representatives following the date on which this Constitution comes into effect shall take place in accordance with the provisions of Article 102 hereof.

Election of the President of the Republic or the House of Representatives shall take place as regulated by Law, provided that the first of either elections shall take place within a period not less than 30 days and not more than 90 days after the date on which this Constitution comes into effect.

In all cases, the following electoral procedures shall commence within a period not exceeding six months as of the date on which the Constitution comes into effect.

The presidential term following the effective date of this Constitution shall commence as of the date on which the final result of the election is announced.

The Interim President of the Republic shall continue to exercise presidential powers stipulated herein until the elected President of the Republic takes the constitutional oath.

If the Interim President of the Republic is rendered unable to exercise his powers by reason of a temporary impediment, the Prime Minister shall replace him.

If the Interim Presidential office becomes vacant due to resignation, death, permanent disability or any other reason, the most senior Vice- President of the Supreme Constitutional Court shall replace him with the same powers.

The Minister of Defense shall be appointed upon the approval of the Supreme Council of the Armed Forces.

In its first legislative term following the effective date of this Constitution, the House of Representatives shall issue a law to regulate constructing and renovating churches, in a manner that guarantees the freedom to practice religious rituals for Christians.

The State shall guarantee setting and implementing a plan for the comprehensive economic and urban development of border and underprivileged areas, including Upper Egypt, Sinai, Matrouh, and Nubia. This shall be made with the participation of the residents of these areas in the development projects, and they shall be given a priority in benefiting therefrom, taking into account the cultural and environmental patterns of the local community, within ten years from the date that this Constitution comes into effect, as regulated by Law.

The State shall work on setting and implementing projects to bring back the residents of Nubia to their original territories and develop such territories within 10 years, as regulated by law.

The State shall fight all types and forms of terrorism, and track its funding sources as a threat to the nation and its citizens, within a specific timeframe while guaranteeing basic rights and freedoms. .

The law shall regulate the provisions and procedures of fighting terrorism, and fair compensation for the damages resulting therefrom and because thereof.

The State guarantees gradual performance of its obligation to allocate the minimum government expenditure rates on education, higher education, health and scientific research that are stipulated in this Constitution as at the date on which it enters into effect, provided it is fully compliant in the State budget of the fiscal year 2016/2017.

The State shall provide compulsory education until the completion of the secondary stage in a gradual manner to be completed by school year 2016/2017.

The House of Representatives shall issue a law organizing the rules for assigning judges and members of judicial bodies and organizations, ensuring the cancellation of full and partial assignment to non-judicial bodies or committees with judicial jurisdiction, or for managing justice affairs or overseeing elections, within a period not exceeding five years from the date on which this Constitution comes into effect.

The State shall ensure providing financial and human resources necessary to appealing the judgments issued by criminal courts on felonies within 10 years from the date on which this Constitution comes into effect. The foregoing shall be regulated by Law.

In its first legislative term after the enforcement of this Constitution, the House of Representatives shall issue a law on transitional justice that ensures revealing the truth, accountability, proposing frameworks for national reconciliation, and compensating victims, in accordance with international standards.

Article 241 (bis)

The term of office of the current President of the Republic shall end by the lapse of six years as of date of declaring him President of the Republic in 2018; and the President may be re-elected for a new term.

The existing system of municipal administration shall continue to be in force until the system stipulated herein is gradually implemented within five years of the date of entry into force of this Constitution, without prejudice to Article 180 thereof.

The State shall represent the workers and farmers adequately in the House of Representatives, in the manner provided for by the law.

The State shall represent youth, Christians, persons with disability, and expatriate Egyptians adequately in the House of Representatives, in the manner provided for by the law.

Article 244 (bis)

The provisions of Paragraph 1 of amended Article 102 shall apply as of the legislative session following the existing session.

The employees of the Shoura Council who are still in service on the date that this Constitution comes into force shall be transferred to the House of Representatives with the same job levels and seniority on that date. Their salaries, allowances, bonuses, and their other financial entitlements granted to them on an individual basis shall be maintained. All funds of the Shoura Council shall be transferred to the House of Representatives.

The Constitutional Declaration issued on July 5th, 2013, the Constitutional Declaration issued on July 8th, 2013, and any constitutional texts or provisions of the Constitution issued in 2012 but not covered by this constitutional document shall be deemed repealed as of the date that this Constitution comes into effect. Their consequential effects shall however remain in force.

This Constitution shall come into effect as at the date on which it is announced that the People have approved it in a referendum through a majority of valid votes of the participants.

The House of Senates

The House of Senates shall be mandated to examine and propose any matters deemed to entrench the foundations of democracy; support social peace; uphold the fundamental tenets high values, rights and freedoms, and public duties of society; and deepen and broaden the scope of the democratic regime.

The House of Senates shall be consulted concerning the following:

• Suggestions concerning the amendment of one or more articles of the Constitution;

• Draft general plan for social and economic development;

• Reconciliation treaties, alliances, and all other treaties related to sovereign rights;

• Draft laws and draft laws complementing the Constitution referred thereto by the President of the Republic or the House of Representatives; and

• Any matters referred thereto by the President of the Republic including matters related to the public policies of the state or the policies thereof concerning Arab or foreign affairs.

The House of Senates shall report the opinion thereof to the President of the Republic or the House of Representatives.

The House of Representatives shall be constituted of members as determined by the Law; but shall be constituted of at least one hundred and eighty members.

The term of the House of Senates shall be five years, starting as of date of the first meeting thereof. The new House shall be elected during the sixty days immediately preceding the end of term of the existing House.

Two-thirds of the members shall be publicly elected via secret ballot; the President of the Republic shall appoint the remaining third. The members of the House of Senates shall be elected and appointed in the manner regulated by the Law.

Any person nominated or appointed to the House of Senates must be an Egyptian citizen fully enjoying the civil and political rights thereof; a holder of a university degree or the equivalent thereof; and not younger than 35 years of age during the Gregorian year on which nomination is opened.

The Law shall stipulate other nomination prerequisites, the election system, and the division of constituencies, in a manner that respects equitable representation of people and governorates. It is permissible to implement individual or proportional systems of election or to combine both systems in any given ratio.

It is prohibited to combine the membership of the House of Senates and the House of Representatives.

The Chair of the Council of Ministers, the deputies thereof, and the ministers as well as other members of the Government are not held accountable by the House of Senates.

The provisions of the articles of the Constitution 103, 104, 105, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, (paragraph 1 and 2 of Article 121), 132, 133, 136, and 137 shall apply to the House of Senates. Such shall apply unless otherwise in contradiction with the provisions indicated in this Part; and the mandates thereof provided for in the aforementioned articles shall be undertaken by the House of Senates and the Speaker thereof.