Law no. 46 / 2014 on the House of Representatives
Tuesday، 01 September 2015 - 12:00 AM
The Interim President of the Republic
Decided on the following Law:
The provisions of the attached law shall apply with regard to the House of Representatives.
Law 38/1972 on the House of Representatives, as well as Law 120/1980 on the Shura Council, are hereby abolished. Any provision contradicting the provisions of the attached law is also hereby abolished.
This decree-law is to be published in the Official Gazette and shall enter into force as of the day following its date of publication.
The first House of Representatives after the coming into force of the Constitution of January 18th, 2014, shall be composed of 540 members elected through universal, secret, and direct ballot. The President of the Republic may appoint no more than 5% of the members, subject to the conditions stipulated under this law.
For the purposes of applying the provisions of this law, the following designations shall be defined as indicated against each:
Farmer: A person whose only occupation and main livelihood has been farming for a period of at least ten years prior to running for the House of Representatives; and who is a resident of a rural area; provided that the agricultural holdings, whether owned or rented, of such person and his/her spouse and minor children do not exceed ten feddans.
Worker: A person who relies primarily on income from his/her manual labor; and who is neither a member of a professional syndicate, registered with the Commercial Registry, nor a holder of a tertiary degree. As an exception, members of professional syndicates who are not holders of tertiary degrees, and persons who started their careers as workers but later obtained a tertiary degree may be considered workers subject, in both cases, to being registered with a labor union.
Youth: A person who, on the opening day of the application-for-candidacy window, has reached the age of twenty five Gregorian years but has not reached the age of thirty five years, even if he/she reaches this age at any point during his/her membership.
Citizen with Disability: A person suffering from a disability which does not prevent him/her from exercising his/her civil and political rights, as per a medical report issued in accordance with the terms and regulations established by the High Elections Committee , upon consulting the National Council for Persons with Disabilities.
Egyptian Residing Abroad: A person who has made his regular residence permanently outside the Arab Republic of Egypt, by having acquired a permanent residence permit in a foreign State, or having resided abroad for a period of no less than ten years prior to the opening day of the application-for-candidacy window. For the purposes of applying the provisions of this law, a person who is a student, on secondment, or delegated abroad is not considered to be residing abroad. The Rules of Procedure of the House of Representatives shall indicate the manner in which a Member Residing abroad may discharge his/her duties.
The election of the House of Representatives shall take place under the Individual-Seat system for 420 seats, and under the Absolute-Closed-Lists system for 120 seats. Political Parties and independents may run for both. Parties and independent candidates may run under both systems.
The Arab Republic of Egypt shall be divided into a number of constituencies for elections under the Individual-Seat system, and 4 constituencies for elections under the Lists system so that 15 seats are allocated to each one of two of these constituencies and 45 seats are allocated to each of the other two. A separate law shall specify the number, scope and composition of each constituency.
The number of members to be elected for each constituency shall be proportional to its population and number of voters, bearing in mind taking into account the fair representation of the population and the governorates, and the equal representation of voters.
Each electoral list must include a number of candidates equal to the number to be elected for the constituency as well as an equal number of substitutes.
In all cases, substitute candidates must meet the same requirements with regard to numbers and designations. Any list which does not fulfill the terms and conditions referred to in this article will not be admitted.
A single list may include candidates from more than one party, and a list may also be composed of independent non-partisan candidates, or of a combination of both partisan and non-partisan candidates.
In all cases, the name of the party or the independent nature of a candidate within one list must be made known in the candidacy papers.
For continued membership in the House of Representatives, it is required that the member maintains the designation under which he/ was elected. If a member loses such designation, a partisan member changes the party affiliation on the basis of which he/she was elected or becomes independent, or an independent member becomes partisan, such member shall have his/her membership be revoked upon a decision by the House of Representatives with a two thirds majority of the members.
In all cases, a woman shall not lose membership unless she changes her party or independent affiliation on the basis of which she was elected.
The term of the House of Representatives shall be five Gregorian years starting from the date of its first convening. The new House shall be elected within sixty days before the expiry of the term of the incumbent House.
Each electoral list must have a legal representative, whether the list is composed of candidates from one party or more, of independent non-partisan candidates, or of a combination of both.
The High Elections Committee shall specify the requirements to be met by the representative of the list and the manner of evidencing his/her mandate.
With regard to the Individual-Seat system constituencies, the Application for Candidacy for membership of the House of Representatives shall be submitted by the applicant in writing to the Elections Committee of the governorate where he/she chooses to run, within the period to be set by the High Elections Committee, provided that such period shall not be less than five days from the date of the opening day of the application-for-candidacy window.
Without prejudice to the rules and provisions regulating the resignation of members of the Armed Forces, Police, General Intelligence and Administrative Control Authority; applications for candidacy by such members as well as by members of judicial organs and bodies, minister or their deputies, governors or their deputies, or chairpersons or members of autonomous organizations or regulatory bodies may not be accepted before they have resigned from their functions or positions. A resignation is deemed accepted as of the day of its submission.
Chairpersons and members of the board of public bodies, Public Sector companies and Public Business Sector companies, as well as civil servants and employees of Public Sector companies and Public Business Sector companies are considered to be on paid leave as of the date they submit an application for candidacy until the end of the elections.
The High Elections Committee shall develop and implement a system for determining and assigning the symbols which refer to candidates during election, in a way that guarantees equality and equal opportunity, and shall specify the conditions for selecting the names and symbols of lists and individual-seat candidates.
Applications for Candidacy shall be recorded in order of the time and date of their submission in two registers, one for individual-seat candidates and the other for list candidates. Receipts shall be given to applicants in exchange for their applications. The submission and keeping of applications shall be according to the procedures specified by the High Elections Committee.
The examination of Applications for Candidacy; adjudication of candidate designations, based on the documents submitted pursuant to article 10 of this law; and preparation of Candidate Roll lists shall be undertaken by one or more Committees in each governorate, composed of a judge with the rank of a category (A) president of a Court of First Instance as the chairperson, and two judges from Courts of First Instance as members, to be selected by the Supreme Judicial Council.
Taking into account the provisions of article 10 of this law, two roll lists, one for Individual-Seat candidates and the other for List candidates, shall be posted, on the day following the closing day of the application-for-candidacy window, in the manner and at the place designated by the High Elections Committee.
The two roll lists shall contain the names and evidenced designations of candidates. The first roll list shall also indicate the name of the electoral list to which the candidate belongs. The two roll lists shall remain posted for the following three days. The High Elections Committee shall publish, during the same period, the names of candidates each in his/her constituency, in two widely circulating daily newspapers.
An Applicant for Candidacy whose name was not included in the roll list designated for that purpose may appeal the decision by the Committee provided for under article 15 of this law of not including his/her name. Also, a candidate may appeal the decision by the Committee of including the name of any of the candidates or evidencing an incorrect designation against his/her name or the name of other candidates in the same roll list in which his/her name is included.
Parties which have submitted an Electoral List, participated in one, or has candidates running for individual seats, as well as representatives of Electoral Lists in a constituency, may exercise the same right provided for under the previous clause, with regard to their candidates whose names are included in either of the two above-mentioned roll lists.
Appeals of the decision by the Committee provided for under article 15 of this law shall be before the Administrative Court within three days starting from the date of posting the lists and names of the candidates. The Court is to decide upon the appeal within a maximum of five days.
The execution of the ruling of the Administrative Court may not be stayed, even if the ruling is challenged before anybody, unless the Appellate Review Circuit of the High Administrative Court orders a stay of execution upon the appealing of the ruling.
Candidates, parties with candidates, and representatives of Electoral lists in a constituency shall have the right to obtain from the High Elections Committee, or the body or bodies designated by it, a roll list of the names of the voters in that constituency on a CD, indicating the name of each voter, his/her Electoral Committee, and his/her number therein, for a fee of 200 EGP.
The CD shall be delivered to the requesting party within a maximum of three days from the date of submission of the request, provided that the fee is paid.
Electoral Campaigning should adhere to the principles of the constitution in the manner indicated in part four of the Law on the Exercise of Political Rights.
Candidates may withdraw candidacy by a notice served by a bailiff, or by any other official means as may be specified by the High Elections Committee, to the Electoral Committee of the governorate at least fifteen days prior to the polling day. The withdrawal is to be evidenced against the candidate's name in the roll list of the constituency, had he/she been registered therein.
The candidates of an electoral list may be altered, and candidacy on an electoral list may be withdrawn, by means of a request submitted to the High Elections Committee by the representative of the list at least fifteen days prior to polling.
The High Elections Committee shall post withdrawals of individual candidacy, and alterations or withdrawals in electoral lists, in two widely circulating daily newspapers ten days prior to the scheduled date of polling. Withdrawals of candidacy shall be posted on the door of the Electoral Sub-Committee.
In the event of a vacancy occurring in any list prior to the date of the start of the election by at least fifteen days due to withdrawal, death or enforcement of a judicial ruling, it shall be filled by a substitute candidate with the same designation as that of the vacated candidate in accordance with the order of ranking of substitute candidates so as to complete the required number of candidates.
The name of the new candidate shall be posted within two days of his/her candidacy. The rules provided for in article 17 of this law shall apply with regard to appeals against his/her candidacy.
The representative of the list shall present the name of a substitute candidate with the same designation as that of the vacated candidate so as to complete the required number of substitute candidates in the constituency within a maximum of two days. The new substitute candidate shall be placed after the last candidate with the same designation in the ranking of that electoral list.
In the event of a vacancy occurring after the above-mentioned date and before the election takes place due to one of the reasons mentioned in the first clause, the election shall take place on time notwithstanding that the above mentioned list does not meet than the required number of candidates.
The voter is to express his/her opinion, in individual-seat constituencies by selecting a number of candidates equal to the number of seats assigned to that constituency, and in list constituencies by selecting one of the lists.
Voting for lists shall take place on a separate ballot, in the same time as voting under the individual-seat system.
In the event that the number of candidates is less than twice the number of seats for which the run-off election is held, the election shall be held among them, and those securing the highest number of valid votes shall be declared elected according to the number of seats.
In the election under the list system, the electoral list securing the absolute majority of the number of valid votes cast in the election shall be declared elected.
If the majority provided for in the previous clause is not secured by any of the electoral lists in the constituency, a run-off election shall be held between the two lists which secured the highest number of votes. The list securing the highest number of valid votes shall be declared elected.
In the event that only one electoral list is submitted in a list constituency, that electoral list shall be declared elected provided that it secures at least 5% of the votes of the voters registered in that constituency.
If the electoral list fails to secure this percentage, the application-for-candidacy window shall be reopened to fill the seats assigned to the constituency.
If the seat of a member elected under the individual-seat system becomes vacant at least six months before the end of his/her term, a by-election shall be held. If the vacated member was elected under the list system, the seat shall be filled by a substitute candidate with the same designation as the vacated member, in accordance with the order of ranking of substitute names, to complete the required number of members.
In the event that the place of the substitute with the same designation is vacant, the substitute with the highest ranking shall fill the seat regardless of his/her designation.
In all cases, the vacant seat must be filled within a maximum of sixty days from the date the House of Representative resolves that the seat is vacant. The term of the new member shall be the remainder of the term of his/her predecessor.
After the announcement of the results of the election, the amount deposited with the treasury of the Court of First Instance as a security deposit shall be refunded, within a maximum of thirty days, to individual-seat candidates and representatives of electoral lists after deducting the costs of removing electoral posters.
The decision on the appointment of members to the House of Representatives shall be published in the Official Gazette. Appointed members shall have the same rights and duties as the elected members of the House.
The competence to adjudicate the validity of membership in the House of Representatives shall lie with the Court of Cassation. Appeals are to be filed to the Court along with their supporting evidence within a maximum of thirty days from the day of the announcement of the final results of the election or the date of the publication of the appointment decision in the Official Gazette.
The Court shall adjudicate appeals within a period of sixty days from the date of their filing.
In case membership is ruled to be invalid, it shall be forfeited as of the date of notifying the House of the ruling.
Unless caught in flagrante delicto, no criminal proceedings may be instituted against a member of the House of Representatives with regard to articles of felonies and misdemeanors, without prior authorization from the House. If the House is not in session, authorization should be sought from the Bureau of the House, and the House shall be notified of actions taken upon its first convening.
In all cases, a request to institute criminal proceedings against a member must be decided on within a maximum of thirty days, otherwise the request shall be considered approved.
If a member of the House of Representatives, at the time of his/her election or appointment, was an Employee of the State, the Public Sector or the Public Business Sector, he/she shall devote himself/herself to the membership of the House, his/her job or work shall be retained, and his/her term of membership shall count toward pension or retirement benefits.
In that case, the member of the House of Representatives shall receive, throughout his/her term of membership, the salary which he/she received for his/her work as well as all allowances and other benefits which he/she was entitled to receive on the day of acquiring membership.
During a member's term of membership in the House of Representatives, no special treatment or privileges may be afforded to him/her with regard to his/her job or work.
In all cases, the total of what a member of the House of Representatives receives in under the provisions of this article in addition to the amounts provided for in article 34 of this law may not exceed the maximum income as specified by law.
With regard to the case provided for in article 31, a member of the House of Representatives is not subject to the system of annual reports in his/her place of employment or work.
He/she shall be promoted in accordance with the order of seniority, or in case of promotion by selection of a person who is lower in the order of seniority.
Also, no disciplinary action may be taken against any member of the House employed by the State, the Public Sector or the Public Business Sector on account of the functions of his/her job or work, nor may his/her service be terminated in a non-disciplinary manner, unless the House approves of that pursuant to the proceedings specified in its rules of procedure.
Each member of the House of Representatives shall receive a monthly remuneration of 5000 EGP, due as of the date of taking the oath of office. The total of what a member receives from the House for any purpose may not exceed four times the said amount.
The Speaker of the House of Representatives shall receive remuneration equal to the total of what the Prime Minister receives. Both Deputy Speakers of the House shall receive remuneration equal to the total of what a Minister receives.
Each member of the House of Representatives shall receive a subscription to travel on the Premium First Class of the Railways of the Arabic Republic of Egypt, by any other means of public transportation, or by airplanes, from the location of his/her choice at his/her constituency to Cairo. These amounts are not considered part of what the member receives from the House.
The Rules of Procedure of the House shall indicate the other facilities provided by the House to its members in order to enable them to discharge their responsibilities.
A Member of the House of Representative may not, throughout his/her term of membership, whether in person or by proxy, buy or rent any State property, or from any legal person of public law, Public Sector companies or Public Business Sector; sell or lease his/her property to or exchange it with them; or conclude a contract of concession or a supply, works, services or consultancy contract, with or without pay. Any such act shall be deemed null and void.
Each member is required to submit to the House an Income and Asset Declaration, upon starting and ending his/her membership, and at the end of every year.
A member is obliged to notify the House of any cash or in-kind gift, he/she receives on account or on the occasion of his/her membership in the House. The gift shall revert to Treasury of the State.
Each member of the House of Representatives, immediately upon acquiring membership, must take the necessary measures to separate his/her ownership of shares or stakes in companies from the control of any shares or stakes in these companies, during a period of no more than 60 days from his/her acquiring of membership, in accordance with the conditions and procedures provided for in the following articles of this law. Otherwise, the member must dispose of these shares or stakes during the same period, pursuant to the fair pricing rules provided for in article 42 of this law.
The separation of ownership and control of shares and stakes shall take place by means of a contract concluded by the member of the House of Representatives for the management of these assets with an independent natural or legal person, who is not his/her relative up to the fourth degree or partner in business. The member must refrain from interfering with decisions pertaining to the management of these assets, except those concerned with authorizing disposal by sale or concession. The Rules of Procedure of the House of Representatives shall specify the procedures, rules and conditions for the application of this provision.
The member of the House of Representatives is to notify the Bureau of the House of the shares and stake whose management he/she has assigned to others according to the provisions of this article, along with the details and mandates of the person to whom management was assigned.
The member shall also provide the Bureau with an annual report of the results of the actions of this management.
In all cases, when permissible and notwithstanding disposal among lineal kin, transactions and disposals by members of the House of Representatives shall be at a Fair Price.
The price is considered fair when it is in accordance with the price and prevalent conditions of the market at the time of the transaction, without the status of member of the House of Representatives interfering with pricing, whether the member is a seller, a buyer or acting in any other capacity, and without any special or additional benefits in relation to price, term of payment, interest rate, or other conditions.
If the transaction pertains to goods or services with no prevalent market price, the member of the House of Representatives is required to ask the Bureau of the House to appoint an independent financial expert to determine the fair price, according to the proceedings specified in the Rules of Procedure of the House.
Any member of the House of Representatives, who is practicing a profession, by himself/herself or in partnership with others, must declare that in writing to the Bureau of the House.
Membership of the House of Representatives is incompatible with membership of the Cabinet or Local Councils, holding the positions of Governor, Deputy Governor, Chairperson or Member of an Autonomous Organization or Regulatory Body, the office of Mayor or Sheikh, or membership of their committees.
If a member of the House is appointed to the Cabinet or to any of the aforementioned positions, his/her seat shall be vacant as of the date of that appointment unless he/she presents a written apology for not accepting the appointing to the Bureau of the House within maximum a week of the date of his/her awareness of the appointment decision.
A member of the House of Representatives may not be appointed to jobs in the government, Public Sector, Public Business Sector, Egyptian or foreign companies, or international organizations during the his/her term of membership, unless the appointment is the result of a promotion or a transfer from one body to another, by a judicial ruling, or based on a law.
The breach of any of the duties provided for in this chapter by the member of the House of Representatives shall be considered a breach of membership duties.
The House has its own autonomous budget.
The House of Representatives shall develop Rules of Procedure to regulate the workings of the House and its different Committees, as well as how it should discharge its constitutional mandates.
The House of Representatives shall draft, upon the recommendation of its bureau, Regulations for its staff, with the force of law. In any matter which is not provided for in the Staff Regulations, the staff of the House of Representatives shall be subject to the provisions applicable to civil servants.
Until the Regulations mentioned in the former clause are put in place, the provisions of the existing Regulations shall continue to apply, as well as the General Regulatory Rules issued by a decision of the Bureau or Speaker of the House.
The Speaker of the House shall have the powers granted to the Competent Minister and the Minister of Finance under Laws and Regulations.
The Bureau of the House shall be competent in matters where a decision must be issued by the President of the Republic or the Council of Ministers, as well as the matters where the Laws and Regulations require the opinion or approval of the Minister of Finances, the Central Authority for Organization and Administration, or any other body.
In the cases where the House of Representatives is dissolved, the Prime Minister or the Minister he commissions for that purpose shall assume all the financial and administrative competences of the Bureau and Speaker of the House for the duration of dissolution.