Appointment and Termination of Public Service Employees under the Egyptian Civil Service Law No. 81 of 2016
Published: 1/Jan/2022
From: Judge Mohamed Ahmed Shokri Aburahel, Practical Problems of Appointment and Termination of Public Service Employees in Light of the Egyptian Civil Service Law No. 81 of 2016, Dar El Nahda, Cairo: 2022
The two chapters highlight the pivotal role of nationality in regulating access to, and continuity in, public service under Egyptian Civil Service Law No. 81 of 2016. Nationality is presented not merely as a formal condition, but as a substantive legal bond that both qualifies an individual for appointment and sustains their ongoing eligibility to remain in service.
In the appointment chapter, nationality is established as the first and foremost condition for entering public employment. Egyptian nationality is required for all permanent appointments within the civil service. This requirement reflects the legislator’s intention to preserve sovereignty, loyalty, and the exclusive link between state functions and citizens. The text emphasizes that certain exceptions are permitted only in limited circumstances, such as hiring foreigners with rare technical expertise under temporary contracts, subject to explicit approval from the competent authority. These exceptions, however, are framed as extraordinary and not the rule. The discussion also addresses comparative practices and constitutional provisions, stressing that public positions inherently involve the exercise of public authority and therefore demand a direct bond of allegiance through nationality.
In the termination chapter, the analysis turns to the loss of nationality as a decisive ground for ending public service. The law considers Egyptian nationality not only a prerequisite for appointment but also a continuing condition throughout employment. Thus, if a civil servant voluntarily renounces their nationality, acquires foreign nationality without legal authorization, or is stripped of nationality by a final administrative decision, termination of service occurs automatically. This is described as a matter of legal necessity, not discretionary action by the administration. The text further examines scenarios where dual nationality is recognized under presidential approval, clarifying that termination is avoided only when such approval has been formally granted. By treating nationality loss as a mandatory cause of termination, the law safeguards the principle of exclusive allegiance of public servants to the Egyptian state.
Across both chapters, nationality is portrayed as a gatekeeper and safeguard: it grants entry to public service while simultaneously operating as a condition that must be preserved to maintain employment. This dual role underscores the constitutional and political significance of nationality in the Egyptian legal system, anchoring the state’s expectation of loyalty and protecting the public service as a domain reserved primarily for nationals.
Download (main text in Arabic only): Nationality and Public Service