egypt-final-presidential-elections-2012

The Carter Center
Presidential Election in Egypt
2 Official Journal – Issue No. 24 (bis) June 17, 2012
CONSTITUTIONAL DECLARATION
The Supreme Council of the Armed Forces
After reviewing the Constitutional Declaration issued on February 13, 2011;
And the Constitutional Declaration issued on March 30, 2011;
Decides:
(Article 1)
The following shall be added to the Constitutional Declaration promulgated on March
30, 2011: a third paragraph to Article 30, and Articles 53(bis), 53(bis)(1), 53(bis)(2),
56(bis), 60(bis), and 60(bis)(1) as follows:
Article 30 (paragraph 3):
Where parliament is dissolved, the president shall take the oath of office before the
High Constitutional Court General Assembly.
Article 53(bis):
The Supreme Council of the Armed Forces (SCAF) shall, in its composition on the
day this Constitutional Declaration shall enter into force, be responsible for deciding
on all issues related to the armed forces, appointing its leaders, and extending their
term of office. SCAF head shall, until a new constitution shall enter into force,
exercise all powers invested by laws and regulations to the Commander-in-Chief of
the armed forces and minister of defense.
Article 53(bis)(1):
The president of the republic shall declare war upon SCAF approval.
Article 53(bis)(2):
The president of the Republic may, In the event of unrest within the country that shall
require the intervention of the armed forces, and upon SCAF approval, issue a
decision that the armed forces shall participate in missions for security keeping and
protection of the State vital buildings.
The law shall set out the armed forces powers, missions, and cases of using force,
arrest, detentions, legal competency/jurisdiction, and absence of liability.
Article 56(bis):
SCAF shall exercise the terms of reference set out in Article 56(1) of the
Constitutional Declaration dated March 30, 2011 until a new parliament shall be
elected and shall assume its responsibilities.
Article 60(bis):
If a barrier shall arise that shall prevent the Constituent Assembly from completing its
work, SCAF shall, within a week’s time, form a new constituent assembly – which
shall be represent all the groups of society – to develop the draft new constitution
within three months as of the day on which such new assembly shall be formed. The
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