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Questions and Answers
Study Notes
Legislative Powers of the President of the Republic
- French presidents can issue legislative measures (similar to decrees with legal force).
- Although the text is expressed in a general manner (no specific precedents).
- Executive regulations are generally the responsibility of the Prime Minister in France.
- Presidential signature on regulations that are debated in the Council of Ministers are an exception to this rule.
Local Administrative Control Bodies
- These bodies exercise administrative control powers in a limited area (i.e., a province or city).
- This power is exercised by the governor or mayor.
- The governor maintains public order and security in his province.
- The mayor has local control power in cities and villages; functions exercised locally by the local authorities.
- They are responsible for taking necessary measures to maintain public order in cities and villages, as per the municipality law issued on April 5, 1884, amended by laws of January 27, 1977, and February 21, 1996.
General Administrative Control Bodies in Egypt
- The Egyptian constitution grants more authority to specify who issues the executive regulations.
- An analysis of the 2014 Egyptian constitution indicates that the Council of Ministers, or any entity they authorize or specific entities designated by law, issue the executive regulations.
- This is due to the practical necessities in day-to-day activities.
- However, the lack of a constitutional provision to allow other entities would make them illegitimate.
- Central Government retains the power for general administrative control.
- The following bodies are responsible for the administrative control in Egypt.
Egyptian President's Powers
- Only the President has the power to issue emergency regulations.
- Any delegation of this power is forbidden.
- Article 156 of the 2014 Egyptian Constitution stipulates that if circumstances necessitate the quick adoption of measures, the President can summon an extraordinary session of Parliament.
- If Parliament is not in session, the president can issue decrees with the force of law, and these must be presented, discussed, and approved within fifteen days of the new session.
- The measures cease to have effect if not presented or if they are not approved by parliament. This is retroactive, not requiring a formal decision. Unless the Parliament chooses to validate their application during the previous period or to resolve resulting implications.
Prime Minister's Role
- The Prime Minister does not have the role of administrative control in Egypt.
- The Egyptian Constitution explicitly assigns the power of issuing regulations, and the President cannot delegate this power.
- There are interpretations that regulations can also be issued by Council of Ministers, based on Article 156 of the Egyptian constitution, which explicitly mentions the tasks of the Council of Ministers, including the enforcement of national security and protection of citizens' rights, issues falling under the scope of public order and specifically public safety.
- They may issue regulations without delegation, however, they should comply with the existing laws and regulations issued by the President.
- Recently, the 2014 Egyptian Constitution authorized the Prime Minister to exercise all executive and independent legislation.
Minister of Interior and Subordinates
- The administrative control is located in the Minister of Interior in the capital and security directors in provinces.
- Security directors are a direct subordinate to the Minister of Interior, and do not fall under decentralized authorities.
- The Minister of Interior supervises the police force (a mandated civil authority under the Minister of Interior, and the President is the overall leader of the police force).
- The police force is currently governed by Law No. 109 of 1971.
- The mayor in Egypt is not considered an administrative control officer, in contrast to the French system.
Distinction Between Administrative and Judicial Control
- Administrative and legislative controls can be confused because both place restrictions on public liberties.
- This distinction is straightforward because the controlling entities are different (executive vs. legislative).
- The distinction between administrative and judicial control presents several legal issues, due to potential overlap in roles.
Administrative Control Goals
- The goal of administrative control is to maintain public order or restore it to its normal status if disturbed.
- The concept of public order, in the realm of administrative control, is the aim pursued by administrative control authorities.
- These entities are not allowed to pursue other goals, even if they pertain to the general interest.
Traditional Elements of Public Order
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The three main traditional elements of public order are public safety, public health, and public peace.
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Public safety is defined as safeguarding life and property from dangers, whether natural or human-caused.
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Public health involves protecting public health through prevention and control of infectious diseases, vaccination campaigns, eliminating disease vectors, and ensuring safe drinking water and food control.
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Public peace means ensuring public tranquility and preventing nuisances and disturbances exceeding typical societal norms.
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