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Monday, 8 July 2013

#Egypt : The Constitutional Declaration of #2013

Posted on 15:01 by Unknown
The interim President Adly Mansour has issued a constitutional declaration made of 33 articles. The delcaration includes articles regarding the Freedoms ,the president , PM and the armed forces' powers as well the roadmap for the political transition.
The most important articles in this declaration that caught my attention are the following :
  • Article “1” :
    A copy from the declaration's page
 The Arab Republic of Egypt is a democratic regime is based on citizenship. Islam is the official State religion. Arabic is its official language. The principles of Islamic Sharia of Sunni are the principle source of legislation !! “This article is for the Salafists’ eyes only , of course it is discriminatory against Shia”
  • Article “22” :
A National defense council is founded and headed by the president “interim president”. It role is to discuss the security of the country,the budget of the armed forces. It has to be consulted in issuing military and armed forces law.
  • Article “24” :
The President’s powers :
  1. Legislation role after consulting the cabinet. The role is transferred to the House of representatives as soon as it is elected.
  2. To issue the general state’s police as well the public budge and to supervise it
  3. Representing the State inside and abroad, Signing international treaties and agreements after the approval of the Cabinet.
  4. Appointing the Prime minister, his deputies, the ministers and dismissing them from their positions
  5. Appointing the civilian, the military  employees and the political representatives according to the law
  6. To declare war after the consulting SCAF and the approval of the National Defense council.
  7. To pardon or mitigate punishment according to the law.
  8. The other powers are being determined laws and bylaws. 
  • Article “25” : 
The prime minister and cabinet’s powers :
  1. To join the President in planning the general policies of the state and to supervise its implementation according to the laws and presidential decrees.
  2. To coordinate and monitor the work of the ministries and their following general authorities and agencies.
  3. To issue the executive and administrative decisions according to laws and bylaws.
  4. To prepare the state budget.
  5. To prepare the general state plan.
  6. To get and grant loans according to the constitution.
  • Article “27” :
The President declares state of emergency after the approval of the cabinet according to the law. The state of emergency is for 3 months and does not extend accept after the approval of the public through a referendum.
  • Article “28” :
Experts committee is formed by a presidential decree within 15 days from issuing this declaration. The experts committee includes 2 members of the Supreme Constitutional court and its commissioners committee, two judges from judiciary, two judges from State council and four professors of the constitutional law from Egyptian universities. The high councils of the authorities , judiciary and universities mentioned in this article choose their representatives “Did not say how” The committee will propose its amendments for the suspended 2012 constitution within 30 days after its formation.
  • Article “29” :
The Committee will show its amendments on another committee made up of 50 members. Those members represent all sects , groups and sectors of Egyptian society especially parties, intellectuals , labor,peasants, unionists , Al Azhar , Egyptian Churches, armed forces, police and public figures. The committee should include at least ten youth and women members “quota limitation”. Each party  and group mentioned should nominate its representative while the cabinet should nominate public figures !! “And how they are elected or approved” The committee will finish the final draft of the constitutional draft in 60 days maximum before it is released for public discussion.
  • Article “30” :
The president shall put in to a referendum the draft amendments within 30 days of receiving from the committee.The amendments are effective as soon as they are approved. With in 15 days after approving the amendment , the President will call for a Parliamentary elections in a period that is not less than a month or more than two months. Within a week of holding the first session of the House of representative , a Presidential elections will be announced. The High elections commission will supervise the referendum accordingly.
Articles 28, 29 and 30 include the roadmap for the transitional period. I am tired to do the math honestly.
These are only the articles that caught my eyes , there are other articles other wel in the declaration dealing with freedoms. 
Please read this important analysis by dear friend Bassem Sabry in Al Monitor.
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