| 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.
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