Basic System of Government

The President

The President of Egypt is the Head of the State, and he was also, under the former Egyptian Constitution, the Supreme Commander of the Armed Forces and Head of the Executive Authority (the Egyptian Cabinet). Hitherto,Declaration 2 does not give the President the same wide excessive authorities, where he/she is only stated to be the Head of the State and the Head of the National Defence Council. Following the revocation Declaration 3, it is expected that the President shall assume the customary powers normally afforded thereto under a presidential political system. It is also worth noting that on August 12, 2012, the President has appointed one new vice-president, who was a former vice-president of the Egyptian Court of Cassation.

Requirements to Hold Office

Article 75 of the former Egyptian Constitution clearly states that a President of Egypt must meet certain requirements. First, he must be an Egyptian national, born to Egyptian parents and enjoy both political and civil rights. Moreover, his age should not be less than 40 calendar years. Declaration 2 sets out the same conditions, and adds that neither he/she nor his/her parents shall have acquired another nationality, other than the Egyptian nationality, and that he/she shall not have a foreign spouse.

Term(s) of Office

According to the former Constitution, after being elected by the qualified special majority of the Parliament, the President serves six consecutive calendar years from the date the results of the plebiscite are announced. Once his term ends, he may be re-elected for other successive terms, as the former Constitution does not state any limit to the number of terms a president may serve. Declaration 2, on the other hand, sets out a term of four calendar years that may only be renewed once for one successive term.

Powers

According to Declaration 2, the President appoints the Prime Minister, the Ministers and their delegates, appoints the appointed members of the People’s Assembly, calls the People’s Assembly and Shoura Councils to enter into normal session, and issues laws or objects to them. The President further enjoys the right to represent the State domestically and abroad, pardon convicts and reduce the punishment thereof, and sign international treaties and agreements.

Cabinet

As the chief executive body of Egypt, the Cabinet consists of the Prime Minister and the Cabinet Ministers. In addition to its management of daily affairs and setting strategies for development and reform in all areas, it has a role in shaping the agenda of the houses of Parliament by proposing laws to Parliament, as well as amendments during parliamentary meetings. It may also make use of procedures to speed up parliamentary deliberations.

Articles (135) and (156) of the former Constitution clearly define the legal capacity of the Cabinet as follows:

To assist the Head of State in the making of general policies.
To implement such policies in the various fields.
To issue and monitor the implementation of administrative and executive decrees according to law.
To prepare draft laws and decrees.
To draft the State General Plan.
To draft the State General Budget.
To seal loan agreements and grants in accordance with the articles of the old Constitution.
To follow up on the execution of laws, and to protect State security, rights and interests.

Declaration 2 sets out the legal capacity of the Cabinet as follows:

To assist the Supreme Council of the Armed Forces in the making of general policies, and to supervise their implementation in accordance with the laws and the presidential decrees.
To guide, liaise with and follow up on the Ministries, their affiliated entities, authorities and public institutions
To issue administrative and executive decrees in accordance with the laws, regulations and decrees, and to monitor their execution.
To prepare draft laws, regulations and decrees.
To draft the State General Budget.
To draft the State General Plan.
To seal loan agreements and grants in accordance with the articles of the Constitution.
To follow up on the execution of laws, and to protect State security, rights and interests.

Traditionally, the Cabinet consists of:

The Prime Minister
Ministers
Ministers of State, who have considerably more transient portfolios since positions may be created and dissolved in reaction to a shift in government priorities or a change in the specific qualifications of candidates without altering the departmental structure. The Ministers of State have specific tasks or agencies that they must oversee, e.g. the Ministry of State for Environmental Affairs, Ministry of State for the Peoples’ Assembly, and the Ministry of State for Administrative Development.
Ministers without portfolio, ministers who are not in charge of particular departments such as the Chief of the Egyptian Intelligence Services.
Chairmen of Departments, who are men/women that head important departments, which do not fall under the jurisdiction of any of the ministers. The first category thereof answers directly to the President, such as the National Council for Women. The second category answers directly to the Prime Minister, such as the Chairman of Suez Canal Authority, Sports Authority, and Youth Authority.
Ministers-Delegate, who have been delegated duties by the ministers to assist them in some areas of their departments. They rarely are asked or invited to attend cabinet meetings.