Sunday, 30 October 2011

Amended Law of Egypt's People’s Assembly and Shura Council 27th Sept, 2011


Amended Law of the People’s Assembly and Shura Council 27th Sept, 2011
 
498 Representatives in the People’s Assembly, 46 Constituencies for the list system
and 83 Constituencies for individual-candidate system

The Supreme Council of the Armed Forces issued on 27/9/2011 a decree amending some provisions of Law No. 38 of 1972 on the People's Assembly, and Law No. 120 of 1980 on the Shura Council.

Following is the text of the decree issued today.
Head of the Supreme Council of the Armed Forces,
After perusal of the Constitutional Declaration issued on February 13, 2011,
the Constitutional Declaration issued on March 30, 2011,
the Constitutional Declaration issued on September 25, 2011,
Law No. 38 of 1972 on the People’s Assembly,
Law No. 120 of 1980 on the Shura Council, and
After asking the opinion of the Elections Higher Committee and the approval of the Cabinet,
The decree whose text is hereunder, which we issued, stipulates:

Article I
The texts of Article I (First paragraph), Article III (the First, Second, Third and Fifth Paragraphs) and Article IX (Last Paragraph) of Law No. 38 of 1972 on the People's Assembly shall be replaced by the following texts:

Article I (First Paragraph)
The People’s Assembly consists of 498 members chosen by direct public secret ballot, provided that at least half of them shall be workers and peasants.

Article II "the First, Second, Third and Fifth Paragraphs”

First Paragraph
Two thirds of the elected members of the Shura Council shall be elected through the closed party list system, and the remaining third through the individual-candidate voting system. The number of members representing each governorate through the closed party lists system shall be equal to two thirds of the number of seats designated to the governorate, and the number of members representing it by individual-candidate voting system shall be equal to one-third of the number of seats designated to it.

Second Paragraph

The Arab Republic of Egypt shall be divided into to 30 constituencies for election by the list system.

Third Paragraph
The Republic shall be divided into another 30 constituencies for election by individual-candidate system, where two members, at least one of them is a worker or a peasant, shall be elected from each constituency.

Fifth Paragraph
Taking into consideration the provisions of Article XVI of the Law of the People's Assembly, the number of candidates of any list must be equal to two thirds of the number of seats designated to the constituency, provided that at least half of them are workers and peasants, with no non-worker or non-peasant candidate follows a candidate other than those. In all cases, the list shall include at least a female candidate.
Article III: First, Second, Third and Fifth Paragraphs:

First Paragraph:
Two thirds of the members of the People’s Assembly shall be elected through the closed party list system, and the remaining third through the individual-candidate voting system. The number of members representing each governorate through the closed party list system shall be equal to two thirds of the number of seats designated to the governorate, and the number of members representing it by individual-candidate voting system shall be equal to one-third of the number of seats designated to it.

Second Paragraph:
The Arab Republic of Egypt shall be divided into 46 constituencies for election by the list system.

Third Paragraph:
The Republic shall be divided into another 83 constituencies for election by individual-candidate system, where two members, at least one of them is a worker or a peasant, shall be elected from each constituency.

Fifth Paragraph: -
Taking into consideration the provisions of Article XVI of the Law, the number of candidates of any list must be equal to two thirds of the number of seats designated to the constituency, provided that at least half of them are workers and peasants, with no non-worker or non-peasant candidate follows a candidate other than those. In all cases, the list shall include at least a female candidate.

Article IX, Last Paragraph:
Each party that submitted a list in its constituency may exercise the right stated in the above two paragraphs for its candidate whose name appears in the record of list candidates.

Article II
A new Article XV (bis) shall be added to Law No. 38 of 1972, referred to herein, that reads:

Article XV (bis)
If the distribution of seats based on the results of the ballot resulted in the failure to complete the percentage of workers and peasants in any constituency of the list system, the percentage shall be complemented from the list whose elected members have the least electoral coefficient and in the order contained in that list. The electoral coefficient shall be calculated by dividing the number of votes won by each list in the constituency by the number of elected members from it.
Article 9 (Last Paragraph):

Each party that submitted a list in its constituency may exercise the right stated in the above two paragraphs for its candidate whose name appears in the record of list candidates.

Article IV
A new Article XII (bis) shall be added to Law No. 120 of 1980, referred to herein, that reads:

Article XII (bis)
If the distribution of seats based on the results of the ballot resulted in the failure to complete the percentage of workers and peasants in any constituency of the list system, the percentage shall be complemented from the list whose elected members have the least electoral coefficient and in the order contained in that list. The electoral coefficient shall be calculated by dividing the number of votes won by each list in the constituency by the number of elected members from it.

Article V
It is a precondition for whoever applies for nomination for membership of the People's Assembly or the Shura Council by the individual-candidate system not be a member of any political party and is required for the continuation of membership to remain non-affiliate to any political party. In the event of losing such a status, membership shall be dropped by a majority of two thirds of the members.

Article VI
This Decree shall be published in the Official Gazette and shall have the force of law and shall be effective as of the day following the date of publication.

The Supreme Council of the Armed Forces has also issued a Constitutional Declaration on 25/9/2011 stating that the proportion of voting by party list system shall be two thirds and the remaining third for the individual-candidate system. It has also issued decrees as follows:
1 - Decree No. 120 of 2011, amending the provisions of the laws of the People's Assembly and Shura Council for their elections to be two thirds for the list system and one third for the individual-candidate system.
2 - Decree No. 121 of 2011 to designating the constituencies for the People’s Assembly elections.
3 - Decree No. 122 of 2011 to determine the constituencies for the Shura Council elections.
4 - Decision No. 199 of 2011by the Head f the Supreme Council of the Armed Forces, inviting voters to elect members of the People’s Assembly on 3 stages, with the first stage starting on 28/11/2011 and the run-off for the third stage ending in 10/1/ 2012. The new People’s Assembly shall be called to convene on 17/3/2012.
5 - Decree No. 200 of 2011by the Head of the Supreme Council of the Armed Forces, inviting voters to elect members of the Shura Council on 3 stages, with the first stage starting in 29/1/2012 and the run-off for the third stage ending in 11/3/2012. The new Shura Council shall be called to convene on 24/3/2012.


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