Chapter Twelve: General and Transitional Measures

Article (200)Declaration of the state of emergency

The President of the Republic, in consultation with the Prime Minister and the speakers of the House of Representatives and Senate, might declare the state of emergency when the country is threatened by national disaster, siege, or a risk to its safety. Shura Council meets during the three days after the declaration of a state of emergency in an extraordinary session, at the request of the President of the Republic, to decide whether to continue or to cancel it in accordance with the provisions of the Constitution. If the declaration was signed when the Council was not in session, the council should be called for an emergency meeting, and within a period that doesn’t exceed seven days from the date of declaring the state of emergency. Shura council shall be in a permanent session until the President of the State declares that state of emergency is over.

The state of emergency shouldn’t extend for more than thirty days renewable for one or more periods not exceeding thirty days, each. This should be with the approval of the majority of the present members of the Shura Council; and in all cases the declaration of the state of emergency should state the objective, the region and the duration of the state of emergency in accordance with law.

Article (201) The martial law

The President of the Republic may, in cases of war or grave threat to the security of the country, request from Shura Council to declare the state of martial law. The request should be considered during a period of no more than three days, during which, the President declares the state of emergency in the specific region.

The areas that are subject to martial law should be identified, and it may not be imposed on the country as a whole. The state of martial law is ended by a decision of Shura Council at the request of the President of the Republic and its provisions are regulated by the law.

Article (202)Restrictions in the states of emergency and martial law

1. The  law  specifies  the  reasons  for  the  declaration  of  a  state  of emergency or martial law and the scope of their respective mandates and the duration and rights that can be restricted, and the procedures and measures that may be taken.

2. The  President  of  the  Republic  may  not  impose  restrictions  on fundamental rights and freedoms, during the state of emergency or martial law, bu to the extent necessary to preserve the public order and safety of the country.

3. All decisions and actions during the state of emergency and martial law are subject to to control the judiciary.

4. During the state of emergency or martial law, civil proceedings may not be made before the military courts.

5. During the state of emergency or martial law, the elected councils may not be dissolved.

6. When the declaration of a state of emergency or martial law is at the end of the term of any elected council, this term gets extended to the end of that state.

7. The State is committed, during a state of emergency or martial law, to respect the principle of legality and not to hinder the institutions of the State.

8. During the state of emergency or martial law, the Constitution may not be amended or disabled in its provisions. No elections may be organized or their laws amended and the guarantees for Shura Council members may not be touched.

Article (203)Issuance of Judicial Decisions

Judicial decisions are issued in the   Name of Allah, Most Gracious, Most Merciful.

Article (204)Prohibition of the exercise of other functions

The members of Shura Council, the President of the Republic, the Prime Minister and the ministers may not exercise any other public functions or engage in any other activity that may get financial returns. Any gift in cash or in kind they may receive, directly or indirectly,   because of their particular post is owned by the Public Treasury.

Article (205) Financial disclosure

During the first month after taking the oath and assuming their duties, the members of the Shura Council, the President of the Republic, the Prime Minister and the ministers shall provide the financial disclosures for them personally together with their spouses and minor children as regulated by law. The Constitutional Court saves these disclosures.

Article (206)Members of former Judicial Bodies

The Higher Judicial Council addresses status of attorneys generals, public prosecutors and juridical public administration in positions at the entry into force of this Constitution, to reengage the fittest among them in the judiciary according to will and competence reports.

Until reorganizing their administrative and financial conditions, they receive an equal financial treatment with the members of the Judiciary.

Article (207)Organic unity of the provisions of the Constitution

The Constitution, including its preamble and texts is one indivisible unit. It provisions are interpreted and considered as a coherent organic unit.

Article (208) Amendment of the Constitution

1- It is prohibited to amend the provisions of this Constitution before five years from its entry into force.

2-  It  is  prohibited  to  amend  the  provisions  of  article  seven  of  this Constitution and those related to political pluralism, peaceful alternation on power, unity and safety of national territory as well as to guaranties of rights and freedoms, unless to promote them, neither to the number of rounds or terms of presidency of the Republic.

3- The President of the Republic, a third of the House of Representatives or a third of the Senate may require the amendment of one or more articles of the Constitution, provided that the request states the articles to be amended, the reasons and alternative proposals.

4- The request for amendment is to be discussed by the council to which the request is submitted, in no more than thirty days from submission and it gets adopted by absolute majority of the members according to the by-laws of each council, and gets transmitted to the other council for adoption or rejection within same period.

5- In case the amendment is adopted, the president of the Republic submits it to the Constitutional Court to control the proceedings and legality of the amendment, in no longer than fifteen days.

6- When the Constitutional Court validates the amendment request, it is to be  submitted  to  referendum  and  gets  adopted  by  absolute  majority  of voters.

7- When the request get rejected, it cannot be submitted again during the same legislative session.

Article (209) Amendment of legislations

Legislations are amended in line with the provisions of this Constitution

Article (210) Institutional construction

The legislative authority issues the necessary legislation to build the institutions provided for in the Constitution in the first round of voting.

Public authorities and institutions continue to exercise their functions until the established authorities in accordance with the provisions of this Constitution gets their offices.

Article (211)Entry into Force of the Constitution

Taking into account transitional provisions set forth in this section, the Constitution enters into force after approval of the people in the referendum and publication in The Official Gazette.

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