MB Proposes First Integrated Bill for Political Parties
Today, the Muslim Brotherhood’s MP Ahmed Abu Baraka introducesd the first integrated bill of the Brotherhood before the ongoing parliament.
The bill which consists of 19 articles regulates the system of political parties.
This bill is a modified vision of a previous draft law, prepared by Yahia el-Gamal, a professor of Constitutional Law.
The amended bill was been submitted to the National Front for Change which includes the main opposition powers.
The bill allows formation of parties by just notifying the Parties Affairs Committee but it does not require its approval. Parties make discrimination in its membership among citizens on racial or religious base are prohibited. The proposed law also forbids searching parties headquarters or its affiliations whithout a court ruling
Competent General Attorney along with a representative of the party should be present while search is going on.
Those who launch or participate in a party unconformable with the stated rules in this bill, will face six months to one year in prison or fine that ranges between 1000-5.000 pounds.
The following is the full text of the bill:
In accordance with provisions of constitution, all Egyptians shall be entitled to form political parties. By the virtue of provisions of the present law, Egyptians shall have the right to belong to the political party they choose.
The term of ’political party’ shall mean any assembly of Egyptians established in conformity to the provisions of the said law and applies peaceful means to achieve the hereinafter ends via participation in responsibilities of power.
Political parties, formed in accordance with the present law, shall contribute to fulfill political, social, economic, scientific, and spiritual progress of the country with all its segments as stated in the constitution.
Establishment or continuation of any party shall be subject to the condition that its system shall not be contradictory to principles of the constitution. Calls for any constitutional amendments or of some provisions shall only be restricted to peaceful means.
The party shall be formed upon the notification of hereof founders to the specified authority in the present law, namely, the Interior Ministry.
Founders of any party shall be:
– Egyptians who enjoy all political and civil rights.
– Not finally convicted in crimes mentioned in law of political rights practice.
– Not of judiciary, armed forces, police, diplomatic or consular staff as long as they are still in office.
– 50 founders, at least, who are literate.
Military or semi-military parties or parties designate to form militia, even symbolic, shall be banned. Parties make discrimination in its membership among citizens on racial or religious base shall be prohibited.
Notification of the party establishment shall be signed by the person so authorized by founders to present the application to the competent authority which shall give a receipt indicating the date and hour of application.
a- Parties shall be deemed to exist and enjoy material characteristic upon the notification.
b- However, the competent authority may, within 15 days, take legal action before Administrative Court to indicate the miss of a condition or conditions stated in articles 6, 7, 8.
c- This legal notice shall be made within 15 days of the notification date and may be attached with an urgent request to suspend the party formation till the court settles the dispute.
d- Both of the authority and the party’s founders may contest the rulings of the Administrative Court before the Higher Administrative Court.
e- The litigation shall be rapidly decided.
f- No matter, litigation may not last in the two courts for more than a judiciary year.
g- If a decision is not made during this period, the party shall be existed and shall practice its activities.
The system of the party shall specify the following matters:
a- The party’s ends, principles, and its purposes.
b- The organizational bodies
c- the decision-maker body
d- Cases of dissolution or incorporation and the fate of the party’s assets in both cases.
e- The party’s name, dissimilar to any existing one, its slogan, and the address of its main headquarters
f- The party’s financial resources, procedures of payment, preparation of budget, and its approval.
– The party shall be governed by the following principals and rules in its activities and shall clearly admit them in its system:
a- Adherence to political plurality and sovereignty of law
b- Adherence to political plurality in ideology, views, and organization.
c- Commitment to the protection of the state independency, security, and unity, denunciation of all forms of violence, and discrimination among citizens.
d- Providing equal chance for citizens in respect of responsibilities or participation in power.
e- Commitment not to have an organizational or financial link with foreign sides or administering the party according to commands or instructions of any foreign state or side.
f- Not to use state institutions, public utilities, and educational institutions and to keep them neutral in respect of its usage.
a- The party’s headquarters, affiliations, documents, letters, and communicative mediums shall be protected. Surveillance or spying shall be not allowed without a judiciary warrant.
b- The party’s headquarters or its affiliations may not be searched without a ruling of the summary court whose jurisdiction includes the headquarters or its affiliation, in state of being red-handed. Search shall be done in the presence of the competent General Attorney and a representative of the party’s leadership.
The party’s main headquarters and branches shall be exempted from any taxes and fees imposed on premises and movable assets.
a- The party may publish a newspaper or more about its principles to be publicized.
b- This publication shall be free form restrictions, conditions, and procedures stated in the Press Law.
c- The party may not be authorized to give up or rent any of its newspapers or publications to a second party.
The party’s assets shall be deemed public assets and persons authorized to dispose the same shall be deemed public servants.
All leaders of the party shall be subject to the law of illegal profit
The party shall retain in its main headquarters the following records and documents;
a- the party’s system
b- names of members, founders, and leaders and their addresses
c- a record of the party’s made decisions
d- a record of party’s income and expenditures
Whoever launches or participates in a party formed unconformable to rules mentioned in the present law shall face imprisonment between six months and a year or fine that ranges between a thousand of Egyptian pounds and five.
The Cabinet shall issue regulations and necessary decisions to put this law into action within a month of its propagation.
Any law or text of law that contradict this law shall hereby be repealed. The present law shall be published in an official gazette and come into force within a month of its propagation
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