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2007 Assessment

Egypt: Integrity Indicators Scorecard

Egypt: Integrity Scorecard Report > Sub-Category: Legislative Accountability
Indicators		Score
29	Can members of the legislature be held accountable for their actions?	83
30	Are there regulations governing conflicts of interest by members of the national legislature?	29
31	Can citizens access the asset disclosure records of members of the national legislature?	0
32	Can citizens access legislative processes and documents?	17

Indicator and sub-Indicator Details

Can members of the legislature be held accountable for their actions?

29a: In law, the judiciary can review laws passed by the legislature.

Score:

YES

Comments: In law, the judiciary reviews the constitutionality of laws passed by the legislature: whether they align with the constitution or not. Article 175 of the constitution gives the Supreme Constitutional Court the authority of judicially checking and interpreting laws passed by the legislature. Article no. 93 of the constitution entrusts the Court of Cassation with examining the correctness of appeals presented to the legislature when sent to it by the head of the legislature.

References: The Egyptian Constitution, articles 93, 98, 99 and 175;

Democracy Promotion Group, Mechanisms and Obstacles of Parliamentary Performance, 1998, P. 15.

29b: In practice, when necessary, the judiciary reviews laws passed by the legislature.

Score:

100

Comments: In practice, the judiciary, represented in the Supreme Constitutional Court, checks whether or not laws passed by the legislature align with the constitution. The most important example was law no. 153/1999 for organizing non-governmental organizations, which was judged by the Supreme Constitutional Court to be unconstitutional, and consequently, the legislature in 2002 issued the present law no. 84 for NGOs avoiding the constitutional defect in the previous law. The Court of Cassation is authorized to examine the appeals against legislature members and sending its reports to the legislature, which has only the power to determine the correctness of the membership of its members. There has recently been a strong debate between the legislative and judicial powers in a phenomenon known as "rush laws", where the Supreme Constitutional Court judged several laws passed by the legislature to be unconstitutional, and the Court of Cassation issued several reports accepting the appeals against members of the legislature. On this last point, article 93 of the constitution gives the legislature, not any court, the ultimate authority in determining the correctness of its membership.

References: Democracy Promotion Group, Mechanisms and Obstacles of Parliamentary Performance, 1998, P. 129

29c: In law, are members of the national legislature subject to criminal proceedings?

Score:

YES

Comments: Article 99 of the Egyptian Constitution states that only in case of being arrested in a criminal act, are members of the National Legislature subject to criminal proceedings. In cases other than being arrested in a criminal act, there must be a prior permission from the legislature.

References: Article 99 of the Egyptian Constitution

Are there regulations governing conflicts of interest by members of the national legislature?

30a: In law, members of the national legislature are required to file an asset disclosure form.

Score:

YES

Comments: Law no. 62/1975 requires members of the National Legislature to file asset disclosure forms.

References: Law no. 62/ 1975

30b: In law, there are restrictions for national legislators entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting national legislators\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments: In law, there are no restrictions for national legislators to enter the private sector after leaving the government. While being in the legislature, legislators are not allowed to be involved in investment transactions with the state, exploiting his/her membership in the legislature (article 95 of the Egyptian Constitution).

References: Article 95 of the Egyptian Constitution

Peer Review Comments: Some members with legislative authority make use of their position to do business with government and private associations.

30c: In law, there are regulations governing gifts and hospitality offered to members of the national legislature.

Score:

YES

Comments: In law, there are no regulations governing gifts and hospitality offered to members of the National Legislature because law no. 62/1975 for illegal profiting is no longer in effect. Of course members of the National Legislature are still required to file asset disclosure forms. But with overlooking law no. , members of the legislature are used to manipulate these forms, either by registering unreal properties when entering the legislature or conveying their properties to their sons and spouses when leaving the legislature. Moreover, the Illegal Profiting Apparatus no longer checks asset disclosure forms of members of the National Legislature. In addition to this neglect of checking asset disclosure forms of all state employees and public servants, if a citizen informs an investigation agency of employees, including legislators, whose wealth has unjustifiably increased and investigations do not confirm the allegations, he/she is sentenced to be imprisoned for two years - which, in turn, prevents citizens from making allegations. Finally, there are no regulations governing gifts and hospitality offered to members of the National Legislature.

References: Sber Nail, Corruption- Marriage of Authority and Wealth, Khamaseen publishing house, Cairo, P. 120;

Law no. 62/1975 for illegal profiting

30d: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature.

Score:

YES

Comments: Illegal Profiting Apparatus (established by law no. 62/1975) and the law of the Central Accounting Apparatus (established by law no. 177/2005 organizing political parties) ( relatively independent authorities that directly follow the president of the republic ) are entrusted with auditing the asset disclosure forms of members of the National Legislature. In light of what was stressed above pertaining the interference between state authorities and the ruling party, it is not expected that these agencies seriously check the asset disclosure forms of more than two thirds (364) of the members of the legislature, only because they belong to the ruling party, whose head is the head of these agencies: the president of the republic.

References: Law no. 62/1975 for illegal profiting Law no. 177/2005 for organizing political parties

30e: In practice, the regulations restricting post-government private sector employment for national legislators are effective.

Score:

100

Comments: In practice, there are no regulations restricting post-government private sector employment for national legislators. Only while being in the legislature, legislators are not allowed to get involved in investment transactions with the state, exploiting his/her membership in legislature (article 95 of the Egyptian Constitution).

References: Article 95 of the Egyptian Constitution

30f: In practice, the regulations governing gifts and hospitality offered to national legislators are effective.

Score:

100

Comments: In practice, there are no regulations governing gifts and hospitality offered to national legislators.

References: The bylaw of the People's Assembly

30g: In practice, national legislative branch asset disclosures are audited.

Score:

100

Comments: In practice, national legislative branch asset disclosures are not audited at all. The Central Accounting Apparatus is authorized to audit the asset disclosures of the legislators every five years, that is after leaving the legislature. But these checks are no longer taken seriously and legislators are used to manipulate these forms, as mentioned elsewhere in the survey. The Illegal Profiting Apparatus can check the wealth of legislators only when informed by citizens . But is the investigations do not confirm the allegations, informers are sentenced to be imprisoned for two years, which, in turn, prevents citizens from making such allegations.

References: Sber Nail Corruption- Marriage of Authority and Wealth, Khamaseen publishing house, Cairo, P. 120.

Can citizens access the asset disclosure records of members of the national legislature?

31a: In law, citizens can access the asset disclosure records of members of the national legislature.

Score:

YES

Comments: In law, citizens cannot access the asset disclosure records of members of the National Legislature. Law no. 121/1975, amended by law no. 472/1989 for preserving official documents of the state, punishment law no. 58 and its amendments, law no. 29/1982, law no. 199/1983, law no. 93/1995 all restrict the freedom of information.

References: Law no. 121/1975, amended by law no. 472/1989 for preserving official documents of the state

31b: In practice, citizens can access legislative asset disclosure records within a reasonable time period.

Score:

100

Comments: In practice, citizens cannot access legislative asset disclosure records within reasonable or unreasonable time period. All governmental agencies are committed not to give citizens access to official documents. Law no. 121/1975, amended by law no. 472/1989 and law of the central apparatus for general mobilization and statistics (article 10) consider asset disclosure records official documents that must be kept from citizens.

References: Law no. 121/1975 Law of the central apparatus for general mobilization and statistics, article 10

31c: In practice, citizens can access legislative asset disclosure records at a reasonable cost.

Score:

100

Comments: In practice, as stressed in the previous answer, citizens cannot access legislative asset disclosure records at reasonable or unreasonable cost.

References: Law no. 121/1975, amended by law 472/1979 Law no. 35/1960 organizing the central apparatus for general mobilization and statistics (article 10)

Can citizens access legislative processes and documents?

32a: In law, citizens can access records of legislative processes and documents.

Score:

YES

Comments: In law, citizens cannot access records of legislative processes and documents because of the laws that limit the access to official documents. Law no. 121/ 1975, amended by law no. 472/1989 and law of the central apparatus for general mobilization and statistics (article 10) consider asset disclosure records official documents that must be kept from citizens.

References: Law no. 121/1975, amended by law 472/1979 Law no. 35/1960 organizing the central apparatus for general mobilization and statistics (article 10) Law no. 93/1995

32b: In practice, citizens can access records of legislative processes and documents within a reasonable time period.

Score:

100

Comments: In practice, citizens cannot access records of legislative processes and documents within a reasonable or unreasonable time period.

References: Law no. 121/1975, amended by law 472/1979 Law no. 35/1960 organizing the central apparatus for general mobilization and statistics (article 10) Law no. 93/1995

Peer Review Comments: People can obtain the parliamentary meeting minutes in which all discussions are recorded.

32c: In practice, citizens can access records of legislative processes and documents at a reasonable cost.

Score:

100

Comments: In practice, citizens cannot access records of legislative processes and documents at all because of the laws that limit the freedom and access to information and documents, especially the official documents.

References: Law no. 121/1975, amended by law 472/1979 Law no. 35/1960 organizing the central apparatus for general mobilization and statistics (article 10) Law no. 93/1995

Peer Review Comments: People can obtain the registers and the documents of the legislative authority at reasonable cost.