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Mohammed Hawamedh
08-20-2011, 02:12 PM
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Official Journal- Issue No. 27- Dated 3rd of July 1980
EGYPTION Law No. 120 of the year 1980
Concerning the Formation of the Shurah Council
As Amended By Laws Nos. 10/1989, 8/1995, 13/2000, 166/2000 And 167/2000
In the Name of the People,
The President of the Republic,
The People’s Assembly passed the following law, and it is hereby promulgated by us:
Part – 1
Formation Of The Shurah Council
Article – 1
The Shurah Council shall be formed of two hundred and sixty four members.1
Two thirds of the Council members shall be elected through general, secret and
direct ballot, provided that at least half of them shall be workers or farmers. The
President of the Republic shall appoint the remaining third of the Council’s members.
Article – 2
The Arab Republic of Egypt shall be divided into eighty-eight constituencies. The
boundaries of each constituency and its components shall be determined according to the
table attached to the present law.2
Two members shall be elected for each constituency, at least one of them shall be
a workers or farmers.
Article – 3
The Shurah Council membership term shall be six calendar years from the date of
its first meeting.
The elections and choice of half of the elected and appointed members shall be
renewed every three years. The council member whose term of membership has
terminated may be re-elected or re-appointed.
1 Amended as per Laws Nos. 10/1989, 8/1995, 13/2000, 166/2000 then 167/2000.
2 Amended as per Laws Nos. 10/1989, 8/1995, 13/2000, 166/2000 then 167/2000.
Unofficial Translation
Those whose term of membership terminates at the end of the first three years
shall be determined through the ballot which the council shall carry out according to the
rules to be set by its statute.
The election shall take place during the sixty days period preceding the end of the
term of membership. The appointment of the members shall take place during the thirty
days period preceding the end of the term of membership.
Article – 4
Should the seat of the elected member become vacant before the end of his term, a
supplementary election shall be conducted electing his replacement. Every eligible
candidate meeting candidature requirements shall be entitled to run for this election.
If the member whose seat becomes vacant is an appointed member, another
member shall be appointed to replace him.
In both cases, the membership term of the new member shall continue until
completing the membership term of his predecessor.
Article – 5
If it is impossible to carry out the election on the scheduled date for a compelling
necessity, elected and appointed members whose terms are due to end shall be extended
in office upon the proposal of the President of the Republic, pending election of the new
members.
The president of the Republic shall declare the end of the state of necessity upon
termination of its causes. The decree issued in this regard shall include and invitation to
the electorate to carry out new elections within a date not exceeding sixty days from the
date of that declaration.
Part – 2
Nomination and Appointment for
Shurah Council Membership
Article – 63
Subject to the provisions prescribed in law No. 73 of the year 1956 regulating the
exercise of political rights, whoever is nominated or appointed as a member of the Shurah
Council shall fulfill the following requirements:
1. He shall be of Egyptian nationality, born of Egyptian father.
3 Amended as per Law No. 10/1989
Unofficial Translation
2. His name shall be listed in one of the voter lists in the Arab Republic of Egypt, and
no cause shall have taken place necessitating the deletion of his entry in the said list
according to the relevant law.
3. He shall be at least thirty five years of age on the day of election or appointment.
4. He shall be a holder of at least a basic education completion certificate or equivalent.
For births before January 1, 1970, literacy will suffice. 4
5. He shall have fulfilled the obligatory military service, or been exempted from it
according to the law.
6. He shall not have been deprived of his membership by a decision of the Shurah
Council or the People’s Assembly due to loss of confidence or repute, or breach of his
membership duties according to the provisions of article 96 of the constitution.
However, he may be nominated or appointed in either of the two following cases:
A. Lapse of the renewal period of the membership term of half of the number of
members or lapse of the legislative term during which the decision depriving the
member from his membership was issued, according to each case.
B. Issue of a decision from the Shurah Council or the People’s Assembly canceling
the decision depriving the right to be nominated or appointed. The decision of the
Council or Assembly in this case shall be issued with the approval of the majority
of its members upon a proposition submitted by at least thirty members, after the
lapse of the session during which the membership deprivation decision was
issued.
Article - 75
No one shall nominate himself in more than one constituency. If he nominates
himself in more than one constituency he shall be considered a candidate in the
constituency in which his nomination was first recorded.
Article - 86
The nomination request for the Shurah Council membership shall be submitted in
writing to the Security Directorate in the governorate in which the candidate desires to
nominate himself for one of its constituencies, during the period to be determined by a
decree of the Minister of the Interior provided that this period shall not be less than five
days from the date of opening the nomination period.
4 Amended as per Law No. 176/2005
5 Amended as per law No. 10/1989
6 Amended as per Laws Nos. 10/1989, 13/2000 then 167/2000.
Unofficial Translation
The request for nomination shall be accompanied by a receipt of one thousand
pounds deposited in the treasury of the relevant governorate’s security directorate, and by
documents to be determined by a decree of the Minister of Interior which establish the
eligibility of the candidate according to the law. Candidates shall confirm their status as a
worker or farmer through a declaration submitted by the candidate, coupled with the
relevant supporting documents.
The papers and documents submitted by the candidate shall be considered official
papers in applying the provisions of the Penal Code.
Article - 97
The list of candidates shall be displayed in the constituency in a manner
determined by a decree of the Minister of Interior during for 5 days following the end of
the nomination period.
The names of the candidates and the status, as a worker or farmer, established for
each of them shall be displayed on that list, according to article (8).
A decree of the Minister of Interior shall be issued establishing one or more
committees in each governorate under the supervision of a counselor or an equivalent
ranked member of one of the judiciary bodies. The committee shall consist of q member
of the judiciary of at least the rank of a judge or an equivalent rank to be chosen by the
Minister of Justice and a representative of the Ministry of Interior to be selected by its
Minister.
Any candidate whose name is not mentioned in the list may request the said
committee to include his name throughout the period of displaying the list. He may also
object to including the name of any of the candidates or stating an incorrect status before
his name or the name of any other candidate, throughout the period of displaying the list.
The said committee shall decide on the objections within a period of at most ten
days from the date of closing the nomination period. The names of the candidates shall be
published in the constituency and in two daily newspapers.
Article - 108
If only two candidates are nominated in the constituency, of whom at least one is
a worker or farmer, their uncontested winning of the election shall be announced.
If only one candidate is nominated in the constituency, his uncontested winning of
the election shall be announced, and a complementary election shall be carried out for
7 Amended as per Laws Nos. 10/1989 then 167/2000.
8 Amended as per Law No. 10/1989.
Unofficial Translation
choosing the second member from among the workers and farmers, if the candidate
announced to be winning uncontested is a worker or farmer.
Article - 119
Any candidate may relinquish his nomination by serving a notice through a bailiff
to the security directorate in the governorate, at least ten days before the election day.
Relinquishing his nomination shall be recorded next to his name in the list of candidates
in the constituency if his name was inscribed in that list. The relinquishment shall be
announced on the day of the election on the door of the head office of the constituency
and the subsidiary committees. The Ministry of the Interior shall also announce this
relinquishment well before the date determined for elections, in two daily newspapers.
Article – 1210
The Shurah Council member shall be elected by the absolute majority of the valid
votes given in the election.
If the two candidates obtaining the absolute majority are from other than the
workers and farmers, the one acquiring the highest number of votes shall be announced
as winning the election, and the election shall be repeated In the constituency between the
two candidates from the workers and farmers who obtained the highest number of votes.
In this case, the election of the candidate acquiring the highest number of votes shall be
announced. If the absolute majority is not fulfilled for one of the two candidates in the
constituency, the election shall be repeated between the four candidates acquiring the
highest number of votes, providing at least half of them shall be from among the workers
and farmers, in which case the election of the two candidates obtaining the highest
number of votes shall be announced providing at least one them shall be from among the
workers and farmers.
Article – 13
The membership of the Shurah Council and that of the People’s Assembly or the
municipalities shall not be combined. Nor shall the membership of the Shurah Council
and the positions of mayors and sheikhs or membership of their relevant committees be
combined.
A candidate for membership of the Shurah Council shall be considered
temporarily relinquishing his other membership or position referred to in the previous
clause, upon assuming his work in the council.
The member shall be considered finally relinquishing his other membership or
position with the lapse of one month from the date of determining the validity of his
9 Amended as per Law No. 10/1989.
10 Amended as per Law No. 10/1989.
Unofficial Translation
membership of the Shurah Council if he does not express his wish to maintain his other
membership or position.
Until final relinquishment takes place, the member shall only receive his Shurah
Council membership remuneration.
Article – 14
The Council shall have an independent budget. This budget shall be included in
one budget line in the state’s budget. The statute of the council shall indicate the method
of preparing, studying and approving the draft annual budget of the council, as well as the
method of preparing, arranging and controlling the Council’s accounts, and the method of
preparing and endorsing the annual final account without restriction by the governmental
rules.
Article – 15
The Shurah Council, upon the proposal of its office, shall set a statute for
regulating its personnel affairs having the force of law. The provisions applicable to the
civil servants of the state shall apply to the council personnel where no provision is
prescribed in the said statute.
Until the statute referred to in the previous clause is set, the provisions applicable
to the personnel of the People’s Assembly shall apply to the council personnel.
The speaker of the council shall have the powers vested in the concerned minister
and the minister of finance by the laws and regulations.
The office of the council shall be concerned with issues referred to it by a decree
of the President of the Republic or the Cabinet of the Ministers, as well as issues which
according to the laws and regulations require consultatation by the Shura Council or
require consultation or approval by the Minister of Finance or the Central Agency for
Planning and Management or any other entity.
Article – 16
The President of the Republic may refer to the Shurah Council one of the issues
lying within the powers of the council as prescribed in article (194) of the Constitution.
Article – 17
The President of the Republic shall issue a decree referring to the Shurah Council
the issues lying within its competence, as mentioned in the first five items of article (195)
of the Constitution.
Unofficial Translation
The Shurah Council shall express its view on the issues referred to it, within a
period not exceeding one month from the date of receiving the Presidential decree. It may
also request extending that period for a term not exceeding another similar period.
If the period referred to in the previous clause lapses and the council did not
notify its view to the President of the Republic, the issue referred to the council shall be
considered as approved thereby.
Article – 18
The speaker of the People’s Assembly shall refer to the speaker of the Shurah
Council the issues lying within his powers according to the provisions prescribed in the
first and second items of article (195) of the Constitution.
The provisions of the second and third clauses of the previous article shall apply
in this respect.
Article - 1911
Shurah Council members shall receive a monthly honorarium of LE 1,000 from
the date of swear-in oath by the member. The honorarium shall not be subject to
assignment or seizure and shall be exempt from taxes of all kinds.
Article - 2012
The Speaker of the Shurah Council shall receive a remuneration equivalent to
total remunerations paid to the vice-president, without prejudice to the provisions of
Article 19 hereof.
Article – 21
The speaker of the Shurah Council, upon his election as speaker shall be
prevented from exercising a commercial or non-commercial profession, or assuming any
public or private position.
If he is a civil servant of the state or the public sector, the provision of article (24)
of law No. 38 for the year 1972 concerning the People’s Assembly shall apply to him,
taking into consideration not combining the remuneration payable to him from the
council and the salary of his position or his original work.
Article – 22
11 Amended as per Law No. 176/2005.
12 Amended a
Unofficial Translation
Appeals against the election of Shurah Council members according to article (93)
of the constitution shall be submitted to the speaker of the Shurah Council within the
fifteen days of the announcement of the election result. The appeal shall include the
reasons it is based upon, and the appellant’s signature on it shall be authenticated.
The statute of the Council shall regulate the procedures to be followed in deciding
on the validity of appeals, and in verifying the validity of membership. This shall all be
according to article (93) of the Constitution.
Article – 23
The Speaker of the People’s Assembly, during the dissolution period of the
Shurah Council, shall assume all administrative and financial powers vested in the office
and the speaker of the Council.
The speaker of the Shurah Council, during the dissolution period of the People’s
Assembly, shall assume all administrative and financial powers vested in the office and
the speaker of the Assembly.
The Prime Minister, during the dissolution periods of the Shura Council and the
People’s Assembly, shall assume all financial and administrative powers vested in the
offices and speakers of the Council and the Assembly.
Article - 2413
Subject to the provisions of the present law, the provisions prescribed in law No.
73 for the year 1956 regulating the exercise of political rights, and the provisions
prescribed in articles (2), (3 – clause 2), (7), (8), (10), (11), (14), (19), (24), (25), (26),
(27), (28), (30), (33), (34), and (39) of law No. 38 for the years 1972 concerning the
People’s Assembly shall apply to the Shurah Council.
Article – 25
This law shall be published in the Official Gazette, and shall go into effect
starting from the day following its publishing. This law shall be stamped by the state’s
seal and enforced as one of its laws.
Issued at the Presidency on July 2,
2005 Hosni Mubarak
13 Amended as per Law No. 10/1989.