From a Constitutional Standpoint: W

With the results of the 2018 Presidential Elections out on 2 April 2018, it is worth taking a look at the constitutional implications of some of the related issues.

Start of the New Presidential Term

The Egyptian 2014 Constitution stipulates certain requirements and qualifications regarding presidential candidates, and places limitations on presidential terms and re-election. Article (140) of Egypt’s Constitution states that “the President of the Republic is elected for a period of four calendar years, commencing on the day the term of his predecessor ends. The President may only be re-elected once. The procedures for electing the President of the Republic shall be initiated at least one hundred twenty days prior to the end of the presidential term. The result must be announced at least thirty days prior to the end of such term”. In 2014, President El Sisi officially came to hold that position following presidential elections that took place during May 2014. El Sisi was officially sworn in on 8 July 2014. This should mean that the new presidential term is to run starting 7 July 2018 for four years.

Cabinet Change

Article (146) of the Constitution stipulates the requirements related to government formation. It states that the President of the Republic assigns a Prime Minister “to form the government and present his program to the House of Representatives”. If that government does not gain the support of the majority of the members of the House within a maximum period of 30 days, the President “appoints a Prime Minister based on the nomination of the party or the coalition that holds the largest number of seats in the House of Representatives”. If the President’s government still does not attain the confidence of the majority of the members of the House of Representatives within 30 days, the House is automatically dissolved. This would require the President to call for the election of a new House of Representatives within 60 days from the time at which the decision is taken to dissolve the previous House. The Constitution also states that if “the government is chosen from the party or the coalition that holds the largest number of seats at the House of Representatives, the President of the Republic may, in consultation with the Prime Minister, choose the Ministers of Justice, Interior, and Defence”. It also allows the President of the Republic to reshuffle the cabinet after consulting the Prime Minister and gaining approval from the House of Representatives “with an absolute majority of attendees that is no less than one third of its members”. It is important to note, however, that in the absence of an explicit stipulation that a re-elected president appoints a new cabinet on holding office, there is no requirement for a Cabinet change or reshuffle following the completion of the presidential re-election process. Thus, although some change in the Cabinet may be forthcoming to signal the new term, it is important to note that it is not a legal or constitutional requirement.