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Official Gazette – Issue No. 7 (bis) February 18, 2013
profession for a minimum of 10 years prior to seeking the membership of the House
of Representatives.
On the other hand, the word “Worker” refers to any person working for another in
return for a wage or salary, and depending mainly on the income yielded by his
physical or intellectual work in agriculture, industry, or services.
A person’s status as a worker shall not change after the end of his service as long as
he fulfills the foregoing requirements."
The aforementioned text repeats the definition of “workers” and “farmers” stated in
Article (229) of the Constitution. Furthermore, it adds another condition to the
definition of “workers”, since it stipulates that a “worker” be mainly depending on the
income yielded by his physical or intellectual work in agriculture, industry, or
services. Such condition is not deemed to be among the controls and criteria which the
legislator established for considering a candidate as a worker, pursuant to Article
(229) of the Constitution. Instead, it adds a constraint to the definition given by the
Constitution to workers as it excludes from candidacy each worker depending mainly
on a main source of income other than his wage/salary. Moreover, the condition
requiring a worker to be working in agriculture, industry, or services means that
anyone hired by an employer in other fields shall be excluded from candidacy.
Therefore, the part of the text that says “and depending mainly on the income yielded
by his physical or intellectual work in agriculture, industry, or services” violates
Article (229) of the Constitution.
II: The first paragraph of Article (3), replaced by Article (1) of the draft law, says
“Should an HoR member change the status under which s/he was elected, membership
of the HoR shall be terminated”.
To be in line with the provisions of the Constitution, the said text should be extended
to stipulate that the membership of the HoR shall be terminated if an HoR member
changes the status under which s/he was elected, whether such status is a worker or a
farmer, or if s/he changes their partisan affiliation, or if s/he leaves the party and
becomes an independent member, or if an independent member joins a party. Only
this way voters’ right to selection is asserted and their will is respected, ensuring
participation in public life as targeted by Article (55) of the Constitution. A text
stating otherwise would be curbing the citizen’s right set forth in the said article,
violating the Constitution.
III: The fourth paragraph of Article (3), replaced by Article (1) of the draft law, says
that "The scope and components of each district shall be determined according to the
attached tables"
Whereas Article (113) of the Constitution says: "The House of Representatives shall
be composed of no fewer than 350 members, elected by universal, secret, and direct
ballot.
To be eligible for membership in the House of Representatives, a candidate must
be…….