Amendment Of The Rules Of Procedure Act 1975

Original Language Title: Änderung des Geschäftsordnungsgesetzes 1975

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99. Federal Act amending the Federal Act on the Rules of Procedure of the National Council (Rules of Procedure 1975).

The National Council has decided:

The Federal Act on the Rules of Procedure of the National Council (Rules of Procedure 1975), BGBl. No. 410/1975, as last amended by the Federal Act BGBl. I No 6/2014, shall be amended as follows:

1. In § 2 (1) Z 4, the turn shall be " The Incompatibility Act 1983, BGBl. No. 330 " through the turn " of the incompatibility and transparency law, BGBl. No. 330/1983 " replaced.

2. In § § 2 (4) and (107), the turn shall be " The Incompatibility Act 1983, BGBl. No. 330 " through the turn "the incompatibility and transparency law" replaced.

3. § 8 (3) reads:

" (3) In any case, the previous consultation in the Presidential Conference requires:

1.

The release of the house rules (§ 14 para. 1),

2.

the application of the Shapley procedure (Section 32 (2)),

3.

the drawing up of a list of persons for the choice of the procedural magirator, the procedural lawyer or the substitutes of which pursuant to Section 7 (1) of Annex 1: "Rules of Procedure for Parliamentary Committees of Inquiry" (VO-UA),

4.

the proposals to the Committee on the Rules of Procedure on the election of the procedural judge, the procedural lawyer, the substitutes of which pursuant to Section 7 (2) of the Regulation

5.

the definition of the flow of an end according to § 98b. "

4. § 8 is added to the following paragraph 4:

" (4) The provisions of the President shall also be subject to the provisions of

1.

the list of Members (section 14 (7)),

2.

the number of requests pursuant to Section 28b (4) and Section 31c (13),

3.

the restriction of speaking time (§ 57 (2) (2) and (3)),

4.

the Redeordnung (Section 60 (8));

5.

the timing of the debate pursuant to Section 81 (2),

6.

the decision of Question Time (paragraph 94 (4)),

7.

the decisions pursuant to § 6 (2), § 10 (1) and (3) and Section 13 (1) (6) and (2) (2) of the Federal Act on the Information Regulations of the National Council and of the Federal Council (Information Ordination Act-InfOG), BGBl. I No 102/2014,

8.

the regulations in accordance with § § 26 and 27 InfOG

the previous consultation in the Presidential Conference. "

Section 10 (1) reads as follows:

" (1) Members shall never be held responsible for the votes cast in the exercise of their professional duties. Because of the oral or written statements made in this profession, they may only be held responsible by the National Council; this does not apply in the case of official prosecution for defamation in accordance with Section 297 of the Criminal Code, BGBl. 60/1974, or because of an offence punishable by the InfOG. "

6. § 13 the following paragraph 8 is added:

" (8) The President shall keep the list of persons elected for the election of the procedural magirator, the procedural lawyer or the the deputy for a committee of inquiry in accordance with Section 7 (1) of the German Regulation (VO). "

7. In § 21 (1), at the end of the period the following is replaced by a semicolon and the following list is added:

"Requests and requests for the establishment of a committee of inquiry pursuant to § 33."

8. In § 21 (2), after the turn "Self-employed requests from committees;" the twist "Reports of the Committee of the Rules of Procedure pursuant to § 3 VO-UA;" inserted.

9. § 21 the following paragraph 5 is added:

" (5) Items of the proceedings of the Committee of the Rules of Procedure are:

Written substantiated objections to the setting of an order of order pursuant to § 54 para. 4 VO-UA "

10. According to § 23, the following § 23a is inserted:

" § 23a. (1) The items of the hearing referred to in § 21 of the hearing, documents, agendas and other parliamentary documents which have been sent to the National Council may also be copied electronically and distributed to the Members of Parliament. An electronic signature can also be used.

(2) As far as the Rules of Procedure provide for publication in printed form, an electronic form shall also be permitted.

(3) The documents referred to in paragraph 1 shall be deemed to be electronically reproduced and distributed within the meaning of the Rules of Procedure if they have been electronically transmitted to Members. "

11. In § § 26 (2) and (26a) (2), the sentence is deleted: "At least four copies must be attached to each application."

12. § 28b (2) reads:

"(2) The debate and vote on the reports of the Federal Government and its members, as well as on reports by the Federal Ministers in EU affairs pursuant to Art. 23f (2) B-VG, shall be open to the public pursuant to Article 37a (1) (1) (1)."

13. In § 31b (2) the turn shall be " in the version BGBl. I No 113/2011 " through the turn ", BGBl. I No 113/2011 " replaced.

14. § 31b (3) reads:

" (3) Documents, documents, reports, information and communications on projects within the framework of the European Union, which are not classified, shall be recorded in the EU database in accordance with Article 1 (2) of the EU Information Act. The collection shall be considered as a distribution within the meaning of this Act. "

(15) § 31b the following paragraphs shall be added:

"(4) Documents, documents, reports, information and communications on projects within the European Union, classified as" Restreint UE/EU Restricted ", shall be recorded in the EU database.

(5) Members of the National Council shall have access to documents, documents, reports, information and communications on projects within the framework of the European Union, which are covered by the database in accordance with Article 2 (1) and (2) of the EU Information Law. Persons and staff of the Directorate of Parliament, who are well-known, have access to these documents in accordance with the provisions of the Rules of Procedure.

(6) The Information Rules Act shall apply to the handling and distribution of other documents, documents, reports, information and communications on projects within the framework of the European Union. "

16. § 31c (6) and (7) are:

" (6) The discussions of the main committee on projects within the framework of the European Union shall be confidential or secret in accordance with Article 37a if European Union rules concerning the secrecy of such projects or of documents which are of this, they require.

(7) Negotiations of the Main Committee on European Union matters shall be open to the public pursuant to Article 37a (1) (2) of the Treaty. "

17. In § 31c (12) and (13), the turn-of-the-turn " in the version BGBl. I No 113/2011 " .

18. In § 31f paragraph 2 the phrase in the first sentence is deleted. "with at least four copies" .

Section 31f (4) reads as follows:

The respondent shall reply in writing to the President within ten working days of the date of delivery of the request. If the respondent is not able to obtain the information requested, he shall state the reasons for this in the answer. Templates, documents, reports, information and communications relating to a project within the framework of the European Union already available to the National Council pursuant to Article 2 (1), (2) or (3) of the EU Information Law must be submitted by the respondent in the Answer not to be given. "

20. In Section 32a (1) and (4), the citation shall be " Art. 51b and 51c (2) " by quoting " Art. 51 (7), Art. 51b (2), Art. 51c (3) and Article 51d (2) " replaced.

20a. § 32a (2) reads as follows:

"(2) The negotiations of the Permanent Subcommittee shall, unless otherwise decided, be confidential in accordance with Section 37a (3)."

21. In Section 32a (4), the quote shall be: " Art. 51b para. 2 " by quoting " Art. 51 (7) Z 1 " replaced.

22. In Section 32d (4), the expression "confidential" through the phrase "secret pursuant to § 37a (4)" replaced.

23. In § 32f paragraph 2 1. Sentence shall be after the word "confidential" the twist "pursuant to § 37a (3)" inserted.

24. In § 32j (4), after the turn "with decision" the twist "pursuant to § 9 para. 3 InfOG" inserted.

25. § 33 reads:

" § 33. (1) The National Council may take a decision to set up a committee of inquiry, on the basis of a written application which must be supported by the applicant (the applicant) of at least five Members. In addition, a committee of inquiry shall be set up at the request of at least 46 of its members.

(2) Such requests and requests shall be submitted in writing at the meetings of the National Council and shall contain the subject-matter of the investigation pursuant to Art. 53 (2) B-VG. An application as referred to in paragraph 1 must be provided with the formula "The National Council of the European Union" and must be handed over to the President with the personal signature of the applicant or the applicant. The property as applicant must be clearly visible from the application. Requests and requests, which are sufficiently supported, shall be distributed immediately to Members.

(3) The "Rules of Procedure for Parliamentary Committees of Inquiry" (VO-UA), which constitutes an integral part of this Federal Act, shall apply to the establishment and proceedings of committees of inquiry (VO-UA). Unless this Rules of Procedure determine otherwise, the provisions of this Federal Act shall apply to the proceedings.

(4) The National Council may hold a debate on a request or request. a request for the establishment of a committee of inquiry. Five Members may ask for such a request. The debate will take place after the agenda has been completed and will be based on § § 57a and 57b. Members who are members of the same club can only request such a request per session week. If such a request is supported by members of several clubs, the club to which the first signatory belongs is to be added to it. If this does not belong to any club, this provision shall apply with regard to the secondary signatory and so on.

(5) An application in accordance with paragraph 1 may be withdrawn by the applicant (from the applicants) until the beginning of the votes in the Committee on the Rules of Procedure. A request in accordance with paragraph 1 may be withdrawn from the inclusion minority until the beginning of the treatment of the report in the National Council in accordance with paragraph 9. The President has the distribution of the letter of withdrawal to the Members.

(6) Applications or Requests for the establishment of committees of inquiry shall be allocated to the Committee on the Rules of Procedure at the end of the meeting of the committees of inquiry. The Rules Committee shall, within four weeks of the allocation of an application or the appointment of a committee of inquiry to receive advice and to report to the National Council within a further four weeks.

(7) The National Council shall take the report of the Committee on the Rules of Procedure in the hearing to be sent to the President at the next following meeting.

(8) The debate and vote follows the general provisions on business treatment in the meetings of the National Council in the event of a report issued on the basis of an application in accordance with paragraph 1. Amendments and additional requests and requests for a split vote shall be inadmissible.

(9) Inasmuch as the Committee on the Rules of Procedure does not consider a request in accordance with paragraph 1 to be wholly or partially inadmissible, the Committee of Inquiry shall be deemed to have been used to this extent with the commencement of the report's consideration and the decisions taken pursuant to § 3 (5) VO-UA shall be effective. The relevant date shall be determined by the President at the sitting, recorded in the official minutes and published immediately. In the debate § 60 (3) applies.

(10) The Committee on the Rules of Procedure shall also meet outside of the meetings if the need for this is given in accordance with paragraph 6 or in the provisions of Regulation (EC) No 217/UA. The Committee of Inquiry may also meet outside of the meetings. "

26. In § 35 (7), the first subparagraph shall be 1. Sentence by word "confidential" the twist "pursuant to § 37a (3)" inserted. In the second sentence, the word sequence ", with the exception of (4)," through the phrase ", with the exception of paragraph 3, 37a" replaced.

27. § 37 reads:

" § 37. (1) The President of the National Council shall be entitled to attend the negotiations with a consultative vote even those committees to which he is not a member. Other Members may be present as a listener.

(2) The committees are free to join other Members of Parliament to participate in meetings with a consultative vote.

(3) The Federal Councils are entitled to be present as a listener in the negotiations of the committees.

(4) The committees are obliged to give those parts of their meetings which serve the preliminary consultation of a popular request to the Plenipotentiary in the sense of the People's Convention Act 1973 as well as two other substitutes to be nominated by this Act in accordance with § 3 (3) (1) of the Act. 3 Z 3 of the People's Convention Act 1973.

(5) Persons who are not entitled to participate in a meeting of the Committee pursuant to paragraphs 1 to 4, or in accordance with § § 18 (1) or 20 (1) and (5), may only be subject to approval (instructions) of the President of the National Council or of the Member of the Federal Government, the President of the Court of Auditors or the Chairman of the People's Prosecution Office.

(6) In confidential and secret meetings of the committees according to § 37a, only persons belonging to the committee as members may participate, in accordance with § § 18 (1) or 20 (1) and (5) of the committee, entitled to participate or to participate in the relevant Classification level according to § 13 InfOG is authorized. The Committee shall decide on the participation of other persons. These are to be taught by the Obmann about the maintenance of confidentiality and the consequences of the disclosure of protected information.

(7) Any committee may exclude from meetings or parts of a meeting all persons who are neither members of the National Council nor entitled to participate in the negotiations in accordance with § § 18 (1) and 20 (1) and (5). The presidents of the National Council can never be excluded from the meeting of a committee. "

28. According to § 37, the following § 37a is inserted:

" § 37a. (1) In public meetings of the committees of the National Council, the public shall be granted access in accordance with the territorial possibilities, with the preference of media representatives. Sound and image recordings are permitted. Public

1.

the debate and vote on the reports of the Federal Government and its members, as well as on reports by the Federal Ministers on EU affairs in accordance with Section 28b,

2.

the debates and votes of the Main Committee on matters relating to the European Union, unless otherwise provided for in paragraphs 3 and 4. The public may, at the request of a Member of Parliament, be excluded for important reasons, including for parts of the deliberations,

3.

the consultation of experts and respondents in the case of pre-consultation of significant draft laws and treaties, provided that such a committee decides;

4.

the general debate or an extensive discussion of a popular desire, with the assistance of experts or respondents, and

5.

the consultation of respondents in the case of preliminary deliberations of the Court of Auditors when the Court of Auditors decides to do so, where sound and image recordings are inadmissible.

(2) Meetings of the Committees of the National Council are not-publicly, unless otherwise determined. Sound and image recordings are not permitted.

(3) Committees may decide that their negotiations and decisions taken by them are confidential. In any case, negotiations and deliberations of a committee shall be confidential if classified information of levels 1 and 2 or ESM classified information is used in accordance with the law on the issuing of information. Furthermore, the negotiations of the subcommittees pursuant to Sections 32a, 32e, 32f and 35 shall be confidential, insofar as these do not decide otherwise.

(4) Negotiations and deliberations of a committee in which classified information of levels 3 and 4 are used in accordance with the Law on Information Rules shall be secret. The meetings of the Permanent Subcommittees pursuant to Section 32b shall be secret unless otherwise decided.

(5) The Obmann shall decide on the extent of the logging of a committee meeting in which classified information or ESM classified information is handled. The President shall ensure the safe custody of the Protocols. "

29. In § 42 (1) and (2), the expression "§ 37 (3)" by the expression "§ 37 (4)" replaced.

30. § 43 (1) reads:

" § 43. (1) The National Council may at any time, on a proposal from the President or at the request of a Member pursuant to Section 59 (1), set a deadline for reporting to the Committee, including during the negotiation of an item in the committee. This shall not apply to a committee of inquiry, which is set up on the basis of a failure pursuant to section 33 (1). The announcement of a proposal in this respect by the President or the position of such an application shall be placed on the agenda of a sitting before the date of receipt. The vote shall be taken by the President after the end of the negotiations, unless a debate is held; if a debate is held, the vote shall be taken at the end of that debate. '

31. § 51 (4) reads:

' (4) The Protocol has only been recorded: the items in negotiation, the questions put to the vote, the outcome of the votes and the decisions taken, and the determination of the date of the establishment of a Committee of Inquiry pursuant to Section 33 (9). "

32. In § 57a para. 1 lit. c is after the expression "Request" the phrase "or a desire" inserted.

33. § 67 (3) reads:

'(3) For the vote on motions for resolutions in the debate on the subject of an urgent question, Section 93 (6) shall apply.'

34. In § 74g para. 2, the expression "Appendix 3" by the expression "Appendix 2" replaced.

Section 75 (4) is deleted.

36. In § 76, paragraph 3, the quote shall be " Art. 50 (2) Z 3 " by quoting " Art. 50 (2) Z 4 " replaced.

37. In § 79 (3) the expression "within the meaning of Section 28b (2)" by the expression "pursuant to § 37a (1) Z 5" replaced.

38. In § 82 (2) the following Z 2a is inserted after Z 2:

" 2a.

The Information Rules Act may only be amended in the presence of at least half of the Members of Parliament and by a majority of two thirds of the votes cast. "

39. In § 91 (1) the word order is deleted in the first sentence. "with at least four copies" .

40. In § 91 (4) the 3. Set.

41. The last sentence is deleted in Section 97 (2).

42. In § 98 (5) the expression "§ 28b (2)" by the expression "§ 37a (1)" replaced.

43. § 102 (1) reads:

" (1) If someone who is entitled to participate in the negotiations of the National Council, violates the state of decency or the dignity of the National Council, uses insulting statements, does not comply with the President's orders, or against Confidentiality obligations under the Information Rules Act, the President expresses the disapation of this by the call "for order". "

44. § 106 reads:

" § 106. Require a third of the members of the immunity committee to obtain a decision of the National Council within the meaning of § 10 para. 3, request for the convening of an extraordinary meeting pursuant to § 46 para. 2, request for the implementation of a Referendum in accordance with Section 84 (1) or (85) as well as requests and dispute in proceedings before the Constitutional Court in accordance with the provisions of these Rules of Procedure shall be made in writing with the personal signatures of the Members to the President for further constitutional treatment. "

45. According to § 108, the following § 108a is inserted:

" § 108a. Insofar as provisions of other federal laws are referred to in this Federal Act, these are to be applied in their respectively applicable version. "

(46) § 109 is added to the following paragraph 7:

" (7) § 2 para. 1 Z 4 and paragraph 4, § 8 para. 3 and 4, § 10 para. 1, § 13 para. 8, § 21 para. 1, 2 and 5, § 23a, § 26 para. 2, § 26a para. 2, § 28b para. 2, § 31b para. 2 to 6, § 31c para. 6, 7, 12 and 13, § 31f para. 2 and 4, § 32a para. 1, 2 and 4, § 32d para. 4, 32f Para. 2, 32j (4), § 33, § 35 (7), § 37 and 37a, § 42 (1) and § 43 (1), § 51 (4), § 57a (3), § 74g (2), § 76 (3), § 79 (3), § 82 (2) (2), § 97 (2), § 98 (5), § 102 (1), § § 102 (1), § § § 102 (1). 106, § 107, § 108a, Annex 1 to the Law on the Rules of Procedure 1975: "Rules of Procedure for Parliamentary Committees of Inquiry (VO-UA)" and the designation of Appendix 2 to the Ordinal Act 1975, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 99/2014, enter 1. Jänner 2015 in force. At the same time, Section 75 (4) and Annex 2 to the Law on the Rules of Procedure 1975: " Provisions for the handling and distribution of templates, documents, reports, information and communications on projects within the framework of the European Union (Distribution Regulation-EU-VO-EU) ", BGBl. I No 114/2011, except for force. "

47. Annex 1 to the Law on the Rules of Procedure "PROCEDURAL RULES FOR PARLIAMENTARY COMMITTEES OF INQUIRY (VO-UA)" is:

" Appendix 1 to GOG

PROCEDURAL RULES FOR PARLIAMENTARY COMMITTEES OF INQUIRY

(VO-UA)

table of contents

§ 1

Request and request to set up a committee of inquiry

§ 2

Short debate on a request or a request

§ 3

Advice and decision-making in the Rules Committee

§ 4

Establishment and constitution of a committee of inquiry

§ 5

Chair

§ 6

Duties of the Chairman

§ 7

Appointment of the procedural magician and the procedural lawyer

§ 8

Conditions for appointment and position as procedural judge

§ 9

Duties of the procedural judge

§ 10

Conditions for appointment and status as a procedural lawyer

§ 11

Tasks of the procedural lawyer

§ 12

Advice on advice from the procedural magician or the procedural law

§ 13

Appointment and commissioning of the investigative officer

§ 14

Rights and duties of the investigating officer

§ 15

Other persons entitled to participate

§ 16

Meetings of the committee of inquiry

§ 17

Media public and confidential meetings

§ 18

Deliberations of the Committee of

§ 19

Logging

§ 20

Publications

Section 21

Information security

Section 22

Taking of evidence

Section 23

Evidence

§ 24

Decision in principle

Section 25

Additional evidence requirements

Section 26

Information on the taking of evidence and supplementary evidence

§ 27

Submission of evidence

§ 28

Loading of respondents with decision

§ 29

Loading of respondents on request

§ 30

Contents of the summons and determination of the order of the surveys

Section 31

Written statements

Section 32

Production of cargo

§ 33

Rights and obligations of persons of information

Section 34

Inadmissibility of the survey as a person of information

§ 35

Duty of information of public servants and communication of the service authority

§ 36

Consequences of staying out of respondents

Section 37

Questioning of respondents

§ 38

Lecturing of the respondents

§ 39

Initial opinion and initial survey

§ 40

Word division in surveys

Section 41

Admissibility of questions to respondents

§ 42

Use of files and documents

Section 43

Message refusal reasons

Section 44

Refusal of validity in case of confiscation as a document

§ 45

Creditor of the reasons for refusal of validity

Section 46

Trust sperson

§ 47

Evidence by experts

§ 48

Appointment to the expert

§ 49

Inspection of files and documents by experts

§ 50

Eye Certificate

Section 51

Reporting

Section 52

Oral reporting

Section 53

Duration and termination

§ 54

Regulations

§ 55

Explosives

§ 56

Jurisdiction and procedures of the Federal Administrative Court

Section 57

Parliamentary Arbitration Board

Section 58

Inspection of the activities of the law enforcement authorities

§ 59

Cost of information for respondents and persons of trust

§ 60

Reimbursement of costs for procedural judges, procedural authority and investigative officer

Section 61

Cost of expertise for experts

Request and request to set up a committee of inquiry

§ 1. (1) The National Council may, on the basis of a written request, take the decision to set up a committee of inquiry. The application must be supported by the applicant (the applicant) by at least five Members.

(2) At the request of at least 46 of its members, the National Council shall establish a committee of inquiry. 46 Members who have supported such a craving shall constitute the minority in accordance with this Rules of Procedure.

(3) If an MEP who has supported a request in accordance with paragraph 2 of this Article shall, before the work of the Committee of Inquiry be terminated, be removed from the National Council, the Member who follows his mandate may be credited with the reduction in the amount of the Member .

(4) An MEP who has supported a request in accordance with paragraph 2, or a request or request in accordance with § 53, may not support any other request in accordance with paragraph 2 until the date of termination of the work of this committee of inquiry.

(5) An application or a request to set up a committee of inquiry shall be submitted to the President in writing, stating the subject-matter of the inquiry, in accordance with Article 53 (2) B-VG, at a meeting of the National Council. The content of the subject-matter of the investigation according to the subject of evidence is admissible, whereas the collection of non-directly related subjects is inadmissible. An application as referred to in paragraph 1 shall be accompanied by the following formula: 'The National Council shall decide' and shall be submitted to the President with the personal signature of the applicant or the applicant. The property as applicant must be clearly visible from the application. Requests and requests, which are sufficiently supported, shall be distributed immediately to Members.

(6) A request in accordance with paragraph 2 may contain a request for a reduction of the period in accordance with § 53 (2).

(7) An application in accordance with paragraph 1 may be withdrawn by the applicant (from the applicants) until the beginning of the votes in the Committee on the Rules of Procedure. A request pursuant to paragraph 2 may be withdrawn in accordance with Section 4 (2) until the start of the treatment of the report in the National Council. The President has the distribution of the letter of withdrawal to the Members.

Short debate on a request or a request

§ 2. (1) The National Council may hold a debate on a request or a request for the establishment of a committee of inquiry. Five Members may ask for such a request. The debate will take place after the agenda has been completed and will be based on § § 57a and 57b GOG. Members who are members of the same club can only request such a request per session week. If such a request is supported by members of several clubs, the club to which the first signatory belongs is to be added to it. If this does not belong to any club, this provision shall apply with regard to the secondary signatory and so on.

(2) Applications or Requests for the establishment of committees of inquiry shall be assigned to the Committee on the Rules of Procedure at the end of the meeting of their entry.

Advice and decision-making in the Rules Committee

§ 3. (1) The Committee on the Rules of Procedure shall, within four weeks of the allocation of an application, have the appointment of a committee of inquiry to receive advice and to report to the National Council within a further four weeks.

(2) In the event that the Committee on the Rules of Procedure deems a request assigned to it to be inadmissible pursuant to Article 1 (2) or individual parts to be accurately identified, it shall establish and justify the complete or partial inadmissibility.

(3) The Committee on the Rules of Procedure shall determine the composition of the Committee of Inquiry in accordance with the principles laid down in § 30 GOG. In doing so, account should be taken of the fact that at least one member of each party represented in the main committee is a member of a committee of inquiry.

(4) The Committee on the Rules of Procedure shall not alter the subject of the investigation referred to in Article 1 (2), unless all the Members who are entitled to vote at the meeting of the Committee on the Rules of Procedure, who support the request , agree with that.

(5) On the basis of the proposal in accordance with Section 7 (2), the Committee on the Rules of Procedure shall elect the procedural judge and the procedural authority and their substitutes, and shall take the decision in principle in accordance with Section 24 and, if necessary, a decision concerning the duration of the Committee of Inquiry pursuant to Section 53 (2).

(6) The Constitutional Court considers the Constitutional Court Act 1953 (VfGG), Federal Law Gazette (BGBl) to be considered. No 85, a decision pursuant to paragraph 2 for unlawful, the Committee on the Rules of Procedure shall immediately take the necessary decisions pursuant to paragraph 5.

7. The Committee on the Rules of Procedure shall also meet outside of the meetings if the provisions of this Rules of Procedure give effect to the need to do so.

Establishment and constitution of a committee of inquiry

§ 4. (1) The National Council shall take the report of the Committee on the Rules of Procedure on an application in accordance with Section 1 (1) of the Rules of Procedure, in the meeting following the submission to the President, in negotiation and on the request of the Committee on the Rules of Procedure , The debate and vote shall take place in accordance with the general provisions on business treatment in the meetings of the National Council. Amendments and additional requests and requests for a split vote shall be inadmissible.

(2) Into the extent to which the Committee on the Rules of Procedure does not consider a request in accordance with Article 1 (2) to be wholly or partially inadmissible, the Committee of Inquiry shall be deemed to have been used to this extent with the commencement of the treatment of the report and in accordance with Section 3 (3) and (5). The relevant date shall be determined by the President at the sitting, recorded in the official minutes and published immediately. In the debate § 60 para. 3 of the GOG application is applicable.

(3) In the event of a decision pursuant to Section 3 (2) of the report of the Committee on the Rules of Procedure, the reduction of the inclusion minority may, in the event of a decision pursuant to Article 3 (2), cover the partial or total inadmissibility of a request for the establishment of the committee Court of Appeal pursuant to Art. 138b para. 1 Z 1 B-VG.

(4) The clubs shall make known to the President the members and replacement members of the Club. § 32 GOG shall apply mutatily.

(5) The Committee of Inquiry shall be constituted without delay.

Chair

§ 5. (1) The President of the National Council is the chairman of a committee of inquiry.

(2) The President may, in the chairmanship of the Chairperson, be guided by the Second and/or to the Third President. Without prejudice to § 15 of the GOG, the President may also delegate tasks pursuant to § 6 (1) and (2) to them.

(3) Each President shall appoint a deputy to act as a representative on the occasion of the establishment of a committee of inquiry. The committee of inquiry shall not be a member of the committee of inquiry. Unless the President, the Second President or the Third President are able to hold the Chairmanship of the Council, they shall be replaced by a substitute.

(4) The chairman shall not be entitled to vote in the committee of inquiry. It shall not be credited to the number of members elected pursuant to section 3 (3).

(5) The Chairman shall consult the procedural judge on procedural matters and shall take due account of his decisions in the light of his decisions. It shall, where possible, establish the agreement with the political groups in all procedural matters.

Duties of the Chairman

§ 6. (1) The Chairman shall represent the Committee of Inquiry to the outside and shall regularly inform the public of the activities of the Committee of Inquiry. In doing so, he has the opportunity to participate in the political groups and the procedural judge.

(2) The Chairman shall determine the agenda and convene the Committee of Inquiry into its meetings. It prepares the charges in accordance with § 32 as well as the evidence decisions and evidence requirements in accordance with § 26 and takes the series of questioning of respondents according to § § 30 (2) and (37) (2) and 37 (2). He shall, with the assistance of the procedural judge, carry out the consultation procedure in accordance with § 58. The Chairperson shall be responsible for reporting in accordance with § § 51 and 52. The Chairman may instruate the Parliament's Directorate to make and implement decisions of the Committee of Inquiry.

(3) In the framework of the Chairmanship, the Chairman shall open and close the meetings of the Committee of Inquiry. It handles the Rules of Procedure and respects the protection of fundamental rights and personality. He leads the negotiations and ensures the maintenance of calm and order during the session. He is entitled at any time, in the cases of § 11 para. 4 and § 42 para. 2 but obligated to interrupt the session. The Chairman shall direct the survey of respondents and experts in accordance with § 37.

Appointment of the procedural magician and the procedural lawyer

§ 7. (1) For the duration of a legislative period, the President of the National Council, after deliberation in the Conference of Presidents, shall have a permanent list of persons who are subject to the personal conditions of the function of the procedural judge or of the Procedural law. The President shall seek the consent of those persons and, where appropriate, inform the authority that has been put forward. The list is to be published.

(2) The President shall, after deliberation in the Conference of Presidents, submit to the Committee on the Rules of Procedure a proposal for the election of the procedural judge and of the procedural lawyer, together with their alternates.

3. The committee of inquiry may devote the procedural judge or his deputy on a proposal from the chairman. The Committee on the Rules of Procedure shall be informed of this and shall immediately make a new election. § 3 (5) is to be applied in a reasonable way. The result of the election is to be announced in accordance with § 39 GOG. The same shall apply in the event of the decision of the procedural judge, of the procedural lawyer or of a deputy.

Conditions for appointment and position as procedural judge

§ 8. (1) Only persons who have been appointed judges in accordance with Article 86 (1) B-VG may be appointed to the court of proceedings and to his deputy. They must be in permanent retirement or for the duration of the committee of inquiry, according to § 75d of the Judge and Public Prosecutor's Law, BGBl. No 305/1961, as amended by the BGBl version. I n ° 8/2014, shall be free of service.

(2) The procedural judge and his deputy must, through their professional skills and experience, ensure that they ensure compliance with the procedural rules, independently of the groups of the Committee of Inquiry; and carry out their position in the interests of fundamental rights and personality protection both directly and indirectly by the proceedings of persons concerned.

(3) In the case of prevention, the procedural judge shall be represented by his deputy.

(4) The proceedings of the judge and his deputy shall be entitled to remuneration in accordance with Section 60 (1). In order to carry out their duties, they shall be provided with the necessary means in accordance with § 60 (2).

(5) The procedural judge and his deputy may be present at all meetings of the committee of inquiry and shall consult all the files and documents available to the committee of inquiry.

Duties of the procedural judge

§ 9. 1. The judge shall take part in the meetings of the Committee of Inquiry with a consultative vote. He shall, without delay, address his duties to the Chairman in order to fulfil his duties. If necessary, the chairman shall interrupt the interview.

(2) The judge and his deputy shall assist the chairman in the preparation of the work plan in accordance with Section 16 (1). The judge supports the chairman in the course of the questioning of respondents in accordance with § § 30 (2) and (37) (2).

(3) The judge shall inform the respondents and the experts of their rights and obligations and, on behalf of the Chairman, shall carry out the initial survey pursuant to § 39 and may, in accordance with Section 40 (3), be able to answer supplementary questions to the respondents. set up. He has to inform the chairman of illegal questions in accordance with § 41 and violations of the InfOG as well as to advise him on all procedural issues and may request the exclusion of the public in accordance with § 17 para. 3. In the case of publications of the Committee of Inquiry pursuant to § 20, it may object.

(4) The judge shall assist the chairman in the conduct of the consultation procedure and shall ensure compliance with agreements pursuant to § 58.

(5) The judge shall draw up the draft report of the Committee of Inquiry pursuant to § 51.

Conditions for appointment and status as a procedural lawyer

§ 10. (1) It is possible to appoint a procedural lawyer and his deputy who, through his professional skills and experience in particular in the areas of fundamental rights and freedoms, or in the case-law, can guarantee that he/she shall be responsible for: , irrespective of the groups of the Committee of Inquiry, shall ensure compliance with the rules of procedure and exercise its position in the interests of fundamental rights and personality protection. You must have worked for at least ten years in a profession in which the degree of study of the law or of the studies on the law and the state is a prerequisite for the profession.

(2) In the case of prevention, the procedural lawyer shall be represented by his deputy.

(3) The procedural lawyer and his deputy shall be entitled to remuneration in accordance with Section 60 (1) for their activities. In order to carry out their duties, they shall be provided with the necessary means in accordance with § 60 (2).

(4) The procedural lawyer and his deputy may be present at all meetings of the committee of inquiry and shall inspect all the files and documents available to the committee of inquiry.

Tasks of the procedural lawyer

§ 11. (1) The procedural authority shall take part in the meetings of the committee of inquiry with a consultative vote. He shall, without delay, address his duties to the Chairman in order to fulfil his duties. If necessary, the chairman shall interrupt the interview.

(2) The procedural authority shall, at any time, inform the chairman or the judge of the proceedings immediately of violations of the rules of procedure as well as of interventions in the basic or personal rights of an information person.

(3) The procedural authority shall immediately draw attention to reasons for the exclusion of the public pursuant to Section 17 (2) and to the existence of reasons for refusal of validity in accordance with § § 43 and 44. In the case of publications of the Committee of Inquiry pursuant to § 20, it may object.

(4) The procedural authority shall have the possibility of providing confidential advice before and during a questioning in the committee of inquiry. For this purpose, it may also request an interruption of the meeting.

(5) The procedural authority shall be obliged to secrecy over the matters entrusted to him and the facts otherwise disclosed in this property, the secrecy of which is in the interest of a person of information. In judicial and other administrative procedures, he has the right to such secrecy in accordance with the procedural rules.

Advice on advice from the procedural magician or the procedural law

§ 12. If the Chairman does not take into account the instructions of the procedural judge or the procedural lawyer, each member of the committee of inquiry shall have the right to provide advice in at least confidential meeting in accordance with Section 18 on the clarification of this question require. The Chairman shall announce his decision following this advice, indicating the reasons at the beginning of the continued consultation or interview.

Appointment and commissioning of the investigative officer

§ 13. (1) The committee of inquiry may, at the request of a Member, appoint an independent investigative officer. In the context of the subject of the investigation, he has to entrust him with the execution of certain orders in preparation for the taking of evidence.

(2) At the request of a Member, the Committee of Inquiry may:

1.

set a deadline for the investigative officer to report,

2.

deselect the investigator.

(3) Decisions pursuant to paragraphs 1 and 2 shall require a majority of two-thirds of the votes cast.

(4) The investigator shall be entitled to remuneration in accordance with Section 60 (1) for his activities. In order to carry out his duties, he/she shall be provided with the necessary funds pursuant to Section 60 (2).

Rights and duties of the investigating officer

§ 14. (1) The investigating officer may inspect the files and documents required for the performance of his contract, which are available to the committee of inquiry. It may at any time submit a proposal to the committee of inquiry for supplementary evidence in accordance with § 25. He is entitled to request written and oral information in the scope of his/her order and to make a visual appearance within the meaning of § 50.

(2) At the end of the investigation, the investigating officer shall report to the committee of inquiry in writing or orally in a confidential session. The reimbursement of interim reports shall be permitted. The report may contain a proposal on the further course of action. The Chairman has to decide on the classification of the report. If objections are raised, the Committee shall decide.

(3) The investigating officer shall be bound to secrecy over the matters entrusted to him and the facts otherwise disclosed to him in this capacity.

Other persons entitled to participate

§ 15. § § 37 and 37a GOG shall apply for the participation of other persons involved in the proceedings of the Committee of Inquiry, with the proviso that the decision may be taken for the entire duration of the work of the committee of inquiry.

Meetings of the committee of inquiry

§ 16. (1) The committee of inquiry shall, on a proposal from the chairman and after consultation with the procedural judge, establish a work plan, taking into account the principle of evidence in accordance with section 24. At least four meetings of the Committee of Inquiry are to be held each month.

(2) The Committee of Inquiry may also meet outside of the sessions.

Media public and confidential meetings

§ 17. (1) In the case of the hearing of respondents and experts, media representatives shall be granted access by the President in accordance with the territorial possibilities. Sound and image recordings are only permitted for the purposes of logging in accordance with § 19 and the transfer within the parliament buildings.

(2) The public shall be excluded if:

1.

the overriding legitimate interests of the general public, the information person or third parties,

2.

it is necessary for the protection of operational or trade secrets, or

3.

the exclusion of the public is required in the interest of obtaining a truthful statement.

(3) The Chairman shall decide on the exclusion of the public from his own, at the request of the procedural judge, a member, a person of information or the proceedings of the proceedings.

(4) The questioning of respondents may take place in a confidential or secret session. In the case of the survey of public servants, a communication pursuant to § 35 shall be taken into account.

Deliberations of the Committee of

§ 18. The deliberations of the Committee of Inquiry shall be confidential, unless it decides otherwise.

Logging

§ 19. (1) An official protocol shall be kept on the meetings of the Committee of Inquiry. § 38 GOG shall be applied with the proviso that:

1.

Documents which have been brought to the attention of Members at the meeting of the Committee shall be dealt with in accordance with the rules on evidence and shall not be attached to the Official Records,

2.

on any objections to the official minutes of the Chairperson after consultation with the procedural judge.

(2) Surveys shall be recorded in a literal way. Any other deliberations shall be drawn up in extracts, unless the committee decides otherwise.

(3) The transmitted protocol of the interview shall be the person responsible for the interview. proof to the expert. The information person or the expert may, within three days from the date of transmission, collect objections to the transfer and the extent of the publication of his survey, as well as to stimulate individual corrections to a small extent. The committee of inquiry shall decide on objections and corrections. Corrigenda adopted shall be attached to the Protocol. If no objections have been received within one week from the date of release, a publication of the protocol pursuant to section 20 (1) (1) (1) shall be permitted. The committee of inquiry shall decide on subsequent objections.

Publications

§ 20. (1) The committee of inquiry may, in accordance with § 39 of the GOG, the publication of

1.

literal protocols on the public consultation of respondents and experts on the basis of the decision on time-justified objections and corrections in accordance with section 19 (3),

2.

additional proof requirements and load lists, subject to compliance with agreements pursuant to § 58,

3.

Expert opinions in accordance with § 47,

4.

Reports of investigative officers pursuant to § 14 (2) and

5.

written comments of persons of information and documents without prejudice to the provisions of § 39 (3)

decision. It can set a time for publication.

(2) Further information of the Committee of Inquiry shall be based on § 39 GOG.

(3) The procedural judge and the procedural authority may object to a decision pursuant to paragraph 1. The committee of inquiry shall decide on this without delay. Until the decision of the Committee of Inquiry on the objection, the publication shall not be published.

(4) The publications are subject to agreements in accordance with § 58, the protection of vulnerable secrecy interests in accordance with § 21, and the protection of the confidentiality interests in connection with the use of personal data, which are compared with the public Information interest outweighs the need to respect.

Information security

§ 21. (1) The Information Rules Act shall apply to the handling of classified information and non-public information in the Committee of Inquiry, with the proviso that:

1.

may be presented to an information person in accordance with § 42 classified files and documents, in so far as this does not preclude an agreement pursuant to Section 58,

2.

Members and members of the clubs according to § 13 of the InfOG may take notes on the contents of classified files and documents of stages 2 and 3 when viewing the notes, the notes being classified according to the classification level of the files and documentation,

3.

Members and members of the Club according to § 13 of the InfOG have access to all classified information which has been classified in the Committee of Inquiry,

4.

in the event of continued violation of the provisions of the InfOG, a security of order may be fixed in accordance with § 54.

(2) If the survey of respondents does not take place in a confidential or secret session, a member may, in any case, use files and documents of classification level 1 in the interview if a member of the survey is required to do so before the beginning of the interview. , and the chairman has allowed this to be done after consultation with the court judge. The Chairman shall disclose the conditions for the use of these files and documents and shall ensure that the interests of secrecy need to be protected.

(3) If a member wishes to use records and documents of classification level 2 or above during the interview, it shall inform the chairman in good time. The Chairman shall make sure that these parts of the interview may take place in a confidential or secret session according to § 37a GOG.

(4) Any person who is granted access to classified information in the Committee of Inquiry shall also be lecturing on the provisions of paragraph 1.

(5) Documents and documents submitted to the Committee of Inquiry may not be published. The President may, before being distributed to the members of the committee of inquiry, ensure, by means of the appropriate identification of the individual specimens, that their safe treatment is ensured.

(6) The judge shall inform the chairman at any time of any violations of the law on the issuing of information.

Taking of evidence

§ 22. (1) The Committee of Inquiry shall collect the evidence within the framework of the subject of the investigation. Evidence is collected on the basis of the decision in principle, the supplementary requirements of evidence, the summons of respondents and experts, and the appearance of the eye.

(2) The taking of evidence shall end in compliance with the time limits pursuant to § § 51 and 53 with the determination of the chairman. This shall be recorded both in the official minutes of the committee meeting and in the written report of the committee of inquiry to the National Council.

Evidence

§ 23. As evidence, everything can be used, which is suitable to serve the investigation within the framework of the subject of investigation. However, such evidence obtained by a criminal act or by the circumvention of other legal provisions shall be excluded.

Decision in principle

§ 24. (1) The decision in principle requires institutions of the Federal Government, the Länder, the municipalities and the municipal associations, as well as the other self-governing bodies, for the complete submission of files and documents in the scope of the Investigative subject. They may at the same time be asked for evidence of evidence in connection with the subject matter of the investigation. This does not apply to the submission of files and documents, as well as surveys, the information of which would endanger sources within the meaning of Art. 52a (2) B-VG.

(2) The obligation pursuant to paragraph 1 does not exist insofar as the lawful will formation of the Federal Government and its individual members or their immediate preparation is impaired.

(3) The decision in principle shall be broken down according to the subjects of evidence and to be justified. The organs concerned by the subject of the investigation shall be described in detail. The setting of a reasonable time limit shall be allowed. The Rules Committee may decide on requirements for the type of submission. If such a decision relates to the activities of the law enforcement authorities, the action shall be taken in accordance with Section 58.

(4) In the case of a committee of inquiry set up pursuant to Article 1 (2) of the Committee of Inquiry, the inclusion minority may, after the Committee of Inquiry has been set up, the Constitutional Court in accordance with Art. 138b (1) Z 2 B-VG for the purpose of establishing call for the sufficient extent of the decision in principle. The same applies to a supplement to the basic evidence decision in accordance with paragraph 5.

(5) If the Constitutional Court finds, in accordance with Section 56d VfGG, that the scope of the decision in principle is not sufficient, the Committee on the Rules of Procedure has to decide within two weeks a supplement. The decision is to be announced in accordance with § 39 GOG.

(6) In the event of a referral to the Constitutional Court to determine the insufficient extent of the addition of the basic evidence decision in accordance with paragraph 5, the latter shall be found in the case of the Constitutional Court in accordance with Section 56d (7) of the VfGG (German Constitutional Court) Extended scope effective. The decision in principle, together with the supplement, is to be announced in accordance with § 39 of the GOG.

Additional evidence requirements

§ 25. 1. The Committee of Inquiry may, on the basis of a written request from a Member, decide on supplementary evidence.

(2) A quarter of its members may require additional evidence. The request shall take effect if the majority of the members at that meeting do not dispute the factual connection with the subject of the investigation.

(3) A supplementary request for evidence shall require an institution in accordance with Section 24 (1) and (2) of the investigation subject to submit specific files and documents or to request surveys in connection with the subject matter of the investigation. The request for evidence shall be justified. The setting of a reasonable time limit shall be allowed. The committee of inquiry may decide on requirements for the nature of the submission. If such a decision relates to the activities of the law enforcement authorities, the action shall be taken in accordance with Section 58.

(4) The majority of the members of the committee of inquiry dispute the factual connection of a request in accordance with paragraph 2 with the subject matter of the investigation, the required quarter of the members may be entitled to the Constitutional Court in accordance with Art. 138b (2). 1 Z 3 B-VG to take a decision on the legality of the decision referred to in paragraph 2. With the determination of the Constitutional Court on the illegality of this decision, the request referred to in paragraph 2 shall be effective.

Information on the taking of evidence and supplementary evidence

§ 26. (1) The Chairman shall forward to the institutions concerned, without any unnecessary delay, the taking of evidence and supplementary proof of evidence.

(2) The Chairperson shall immediately inform the obligated organs of a referral and a decision of the Constitutional Court according to § 24 (4) to (6) and § 25 (4).

Submission of evidence

§ 27. (1) Institutions of the Federal Government, of the Länder, of the municipalities and of the municipal associations as well as of the other self-governing bodies shall immediately comply with the decisions of the taking of evidence in accordance with § 24 and supplementary evidence requirements in accordance with § 25. However, in the event of a referral to the Constitutional Court in accordance with Section 24 (4), the transfer of files and documents shall only be made with information in accordance with Section 26 (2) of the Constitutional Court's decision on the decision of the Constitutional Court.

(2) Documents and documents relating to the activities of the law enforcement authorities shall be submitted by the Federal Minister of Justice.

(3) Where a decision of evidence or supplementary evidence is not or is only partially complied with, the Committee of Inquiry shall be informed in writing of the reasons for the restricted submission.

If, in the opinion of the Committee of Inquiry or a quarter of its members, an information-containing institution does not fulfil the obligation laid down in paragraph 1 or paragraph 3, the committee or a quarter of its members may not: shall invite the institution concerned to comply with those obligations within a period of two weeks. The request shall be justified in writing.

(5) The Constitutional Court decides, in accordance with Article 138b (1) Z 4 B-VG, on the legality of the partial or total rejection of the original or the evidence of evidence, if the requested institution or a quarter of the members of the Committee of Inquiry after the expiry of the period referred to in paragraph 4, or the committee decides to call on the basis of a written request after the expiry of the period referred to in paragraph 4.

(6) Where classified files or documents are submitted, the committee of inquiry shall be informed of the date and reasons for the classification in writing.

Loading of respondents with decision

§ 28. The committee of inquiry may, on the basis of a written application by a Member, decide on the summons of respondents. The request shall be submitted by the respondents and the subjects of the survey, and may include a proposal for the date of the interview. It shall be justified on the basis of the subject matter of the investigation.

Loading of respondents on request

§ 29. (1) A quarter of the members of the Committee of Inquiry may, in a meeting, require the summons of respondents to be summoned in writing. At the request, the respondents are to be named and the topics of the survey. It may contain a proposal for the date of the interview and shall be justified by reference to the subject-matter of the investigation. The request shall take effect if the majority of the members at that meeting do not dispute the factual connection with the subject of the investigation.

(2) An information person may, on the basis of a request in accordance with paragraph 1, be charged at most twice and in accordance with § § 37 ff. are interviewed.

(3) The Chairman shall immediately announce the entry of a request in accordance with paragraph 1 and shall distribute it to the members of the committee of inquiry present. By the end of the sitting, other members of the Committee may support the request of the Chairman in writing. If a request of more than half of the members is supported, it shall not be included in the restriction provided for in paragraph 2.

(4) The majority of the members of the committee of inquiry dispute the factual connection of a request in accordance with paragraph 1 with the subject matter of the investigation, the required quarter of the members may be entitled to the Constitutional Court in accordance with Art. 138b (1). 1 Z 5 B-VG to take a decision on the legality of the decision referred to in paragraph 1. With the determination of the Constitutional Court on the illegality of this decision, the request referred to in paragraph 1 shall be effective.

Contents of the summons and determination of the order of the surveys

§ 30. (1) The cargo has the object of investigation and the subjects of the questioning, place and time of the same as well as a reference to the legal provisions concerning the rights and obligations of persons of information and the replacement of costs as well as any consequences of the Remain to be included.

(2) The Chairman shall, after consulting with the court of the proceedings, have the date and order of questioning of respondents in the interest of expediency and on the basis of the information referred to in paragraph 1 and the order of business in accordance with Section 16 (1). shall be determined. The members of the Committee of Inquiry shall be immediately informed thereof.

(3) If the person to be charged is a public servant, the competent service authority shall at the same time be notified of the summons.

Written statements

§ 31. Persons of information can be invited to the written statement at any time.

Production of cargo

§ 32. (1) Charges are to be completed by the chairman without unnecessary delay.

(2) The first charge can be made without proof of delivery. Each additional charge is to be delivered to the recipient's own handen.

Rights and obligations of persons of information

§ 33. (1) The information person shall comply with the summons and reply truthfully in the interview. This shall be without prejudice to the reasons for refusal of validity in accordance with § § 43 and 44. The information person shall, in particular, have the right to:

1.

to consult with the procedural lawyer before and during their questioning in the Committee of Inquiry pursuant to Section 11 (4),

2.

to be accompanied by a confidant in accordance with § 46 in the course of their questioning and to continue the interview at a later date in the case of the exclusion in accordance with § 46 (4),

3.

submit an introductory statement in accordance with section 39 (1),

4.

to submit evidence and opinions pursuant to Article 39 (3) and to apply for their publication or classification;

5.

the admissibility of questions pursuant to section 41 (4),

6.

on presentation of files and documents in accordance with § 42,

7.

request the exclusion of the public in accordance with section 17;

8.

to receive the Protocol pursuant to Article 19 (3) and to raise objections to the errors of transmission and to the extent of the publication of its survey, and to encourage individual corrections to a minor extent,

9.

to be informed and to comment on the draft committee report, a faction report and a different personal opinion pursuant to section 51 (3), and

10.

Cost replacement according to § 59.

(2) The hearing as an information person alone does not justify a position in the public within the meaning of Section 7a of the Media Act or a connection with public life within the meaning of § § 6, 7, 7a and 29 of the Media Act.

Inadmissibility of the survey as a person of information

§ 34. The following may not be heard as respondents:

1.

Persons who are incapable of giving the truth due to mental illness, mental disability or other reason;

2.

Spiritual in view of what has been entrusted to them in confession or otherwise under the seal of spiritual secrecy.

Duty of information of public servants and communication of the service authority

§ 35. Public servants may not rely on the obligation to maintain secrecy during questioning. If, on the basis of the communication pursuant to Article 30 (3), the service authority considers it necessary for the questioning of such staff to take place in part or in full in confidential or secret meetings in accordance with Section 37a of the GOG, it shall do so to the Committee of Inquiry.

Consequences of staying out of respondents

§ 36. (1) If an information person does not comply with the charge assigned to it in accordance with § 32 (2) of his/her own Handen without sufficient excuse, the committee of inquiry may, in the case of the Federal Administrative Court, impose a bending penalty in accordance with § 55 apply. The request shall be justified.

(2) The Committee of Inquiry may at the same time recharge the information person again and threaten to be able to decide on the performance in the event of repeated non-compliance with the summons. If the information person does not comply with such a charge without an adequate excuse, the committee of inquiry may decide that it should be brought forward by the political authority.

(3) Decisions pursuant to paragraphs 1 and 2 shall be made by the Chairman.

(4) A complaint to the Federal Administrative Court is admissible against the performance referred to in paragraph 2 above.

Questioning of respondents

§ 37. (1) The respondents are to be asked individually in the absence of the respondents to be heard later.

(2) The Chairman may, after deliberation with the judge of the procedure and, if possible, with the involvement of the political groups in a meeting, amend the order of questioning of respondents in accordance with Section 30 (2).

(3) Information persons whose statements differ from each other may be confronted with each other. In so doing, further questions may be asked in order to clarify these contradictions between statements made by all the members of the committee.

(4) The questioning of an information person shall not exceed three hours. The interview shall be declared to be terminated by the Chairman after a maximum of four hours. The initial survey and an introductory statement in accordance with § 39 as well as interruptions of the session will not be included.

Lecturing of the respondents

§ 38. The judge shall first examine the personnel data of the respondents. Before questioning it, he has to lecture them on the grounds for denying the statement and the exclusion of the public, as well as the obligation to indicate the truth and the criminal consequences of a false statement. This instruction shall be recorded in the Official Records.

Initial opinion and initial survey

§ 39. (1) The judge shall give the information person the opportunity to give an introductory opinion which shall not exceed 20 minutes.

(2) The judge shall then, on behalf of the chairman, carry out the initial survey of the respondents on the subject of the interview, which shall not exceed 15 minutes.

(3) Information persons may provide evidence and opinions to be taken on the acts of the committee. The information person may apply for their publication or classification. The committee of inquiry shall decide on this.

Word division in surveys

§ 40. (1) The Chairman shall keep the list of speakers and shall give the floor to the members of the Committee following the initial consultation.

(2) The chairman shall have the right, for important reasons, in particular if this serves the negotiation economy or the truth finding, or if contradictions are to be clarified, at the suggestion of the procedural judge, at the request of a member or- if there is no objection, to deviate from the order of the word divisions or to withdraw the word from a speaker.

(3) In the absence of any further requests, the procedural judge may address supplementary questions to the person providing the information.

Admissibility of questions to respondents

§ 41. (1) Questions to the information person must be covered by the issue of evidence specified in the summons.

(2) The questions to be addressed to the respondents may not be indeterminate, ambiguous, incidental, offensive or subtensive, and shall not infringe fundamental rights or personality rights. It is therefore inadmissible, in particular, to issue such questions in which a fact which has not been taken into account by the information person is accepted as already granted.

(3) Questions held by a person of information which are to be determined only by their reply may be asked only if the information cannot be obtained in a different way.

(4) The Chairman shall decide on the inadmissibility of a question after consultation with the procedural judge. It shall decide, at the request of a member of the committee of inquiry, of the procedural lawyer or of an information person, on the inadmissibility of a question.

5. The parliamentary arbitration body in accordance with Section 57 shall decide, at the request of one quarter of the members of a committee of inquiry, on the legality of the determination of the chairman pursuant to paragraph 4. If the parliamentary arbitration body considers a question admissible, the chairman shall immediately invite the person to be informed in accordance with § 32, and shall be asked to question it again.

Use of files and documents

§ 42. (1) If a question pursuant to § 41 relates to files or documents, they shall be described in detail and shall be submitted to the person responsible for the information and to the procedural authority. § 21 is to be taken into consideration. In so far as these have not been forwarded to the Committee of Inquiry pursuant to Sections 27, 31 or 39, I have the right to inform the chairman, the procedural judge, the procedural authority and the other political groups in good time.

(2) A member of the committee of inquiry or of the procedural authority may then request an interruption of the sitting to review and verify the admissibility of the submission.

Message refusal reasons

§ 43. (1) The statement may be refused by an information person:

1.

concerning questions which concern the privacy of the information person or of a family member (§ 72 of the German Criminal Code), or which would lead to the risk of criminal prosecution for her or a family member;

2.

questions, the answers to which would result in a direct significant loss of property law for the respondents or a family member;

3.

in relation to facts about which it would not be able to testified without violating a legally recognised obligation to secrecy, provided that it was not released from the duty of secrecy, or as a public servant is obliged to testify in accordance with § 35;

4.

in the sight of those who have become known in their capacity as defender or attorney;

5.

on questions which the respondents would not be able to answer without revealing any art or trade secret;

6.

the question of how the information person exercised her right to vote or to vote, if the exercise of his right of vote is declared by law to be secret;

7.

Questions to which sources within the meaning of Article 52a (2) B-VG would endanger sources.

(2) The statement may also be refused in the cases specified under Z 1 and 2 with regard to the persons designated there, even if the marriage or registered partnership, which establishes the nationality, no longer exists.

Refusal of validity in case of confiscation as a document

§ 44. The statement on the establishment and content of legal transactions in which the information person has been conserved as a person in a document may not be refused because of an imminent threat of property law.

Creditor of the reasons for refusal of validity

§ 45. (1) A person who wishes to refuse to testify shall state the reasons for the refusal at the meeting appointed for the interview or in its written statement in accordance with § 31 and, if this is a member of the The Committee of Inquiry or the Chair shall require that it be credible.

(2) The Chairman shall decide on the lawfulness of the refusal after deliberation with the court judge. If he considers that the denial of the statement is not justified, he may apply for the imposition of a bending sentence in accordance with Section 55 if the Federal Administrative Court continues to refuse to do so. The request shall be justified.

Trust sperson

§ 46. (1) Each information person may, in the course of her interview, associate a person with a confidential person before the Committee of Inquiry.

(2) The judge shall inform the confidence person of the criminal-law consequences of a false statement of evidence of the information person. This instruction shall be recorded in the Official Records.

(3) The task of the Confidence person is to advise the respondents. The confidential person shall not make any statements to the Committee of Inquiry or reply to the person responsible for the information. In the event of violations of the rules of procedure or interference with the basic or personal rights of the information person, it may turn directly to the procedural judge or the procedural lawyer.

(4) As a confidant, it may be excluded that:

1.

who is expected to be charged as a person in the proceedings before the Committee of Inquiry,

2.

who could influence the information person in the deposition of a free and complete statement,

3.

who is in breach of the provisions of paragraph 3.

In the event of exclusion, the information person shall have the right to continue the interview in the presence of another person of trust. The chairman shall determine the date of the continuation of the interview.

(5) The confidential person shall be entitled to reimbursement of expenses in accordance with section 59 (2).

Evidence by experts

§ 47. If an expert is required to receive a proof, the committee of inquiry may appoint the expert. In so doing, unless special circumstances require otherwise, it is intended to take account, in particular, of the experts appointed for the opinion of the required type of public experts.

Appointment to the expert

§ 48. (1) The appointment of the expert has to be followed by who is publicly appointed for the reimbursement of expert opinions of the required kind, or who the science, the art or the business, the knowledge of which is a prerequisite for the assessment required , is publicly available as an acquisition or is publicly employed or authorized to exercise it.

(2) For the same reasons as to entitle respondents to refuse to testify, the revitalization of the order may be sought as an expert. § 45 shall apply mutatily.

(3) The expert shall be entitled to remuneration in accordance with § 61.

Inspection of files and documents by experts

§ 49. An expert may consult the files and documents required for the performance of his contract, which are available to the Committee of Inquiry. It may submit proposals to the Committee of Inquiry on supplementary evidence in accordance with § 25 and the summons of respondents in accordance with § 28.

Eye Certificate

§ 50. In the context of the subject matter of the investigation, the Chairman may invite the members of the committee, the procedural judge and the procedural lawyer to visit the site and place within the territory of the Federal Republic.

Reporting

§ 51. (1) At the end of the taking of evidence in accordance with § 22, the committee of inquiry shall report a written report to the National Council. In any event, the report shall contain, in addition to the course of the procedure and the evidence received, a presentation of the facts established, if necessary an assessment of the evidence, and, finally, the outcome of the investigation. The report may also include recommendations.

(2) In the case of reporting and reporting as well as in the publication of the committee report and the group reports pursuant to Section 3 (2), the following shall apply to agreements pursuant to § 58, the safeguarding of the confidentiality interests in need of protection in accordance with § 21 and to respect the protection of legitimate secrecy interests in the use of personal data which outweigh the public information interest.

(3) For reporting purposes, the provisions of § § 42 and 44 of the GOG are to be applied with the proviso that:

1.

the chairman, on the basis of a draft of the procedural judge, shall draw up a draft report for the written report within two weeks from the end of the taking of evidence,

2.

any political group represented in the committee may, within a further two weeks, make a special written report (report on the political group's report) to the chairman,

3.

Persons who may be infringed by the publication of the committee report, faction reports or other personal opinions in their rights, shall be immediately and demonstrably notified by the court of proceedings. They may comment on the comments in question within a further two weeks. The main content of such an opinion shall be drawn up in the committee's report or in faction reports and divergent personal opinions. In so far as the comments on a person have been discussed at a public meeting of the Committee of Inquiry, there is no need for an agreement.

(4) In the event of premature termination of the work of a committee of inquiry in the event of the dissolution of the National Council before the end of the legislative period by a decision pursuant to Article 29 (2) B-VG, paragraph 3 shall apply, with the proviso that:

1.

the chairman, on the basis of a draft of the procedural judge, shall draw up a draft report for the written report within one week from the conclusion of the taking of evidence,

2.

Faction reports and other personal opinions should be drawn up within a further week.

Oral reporting

§ 52. (1) Where a written report cannot be reimbursed by the committee of inquiry within the time limits laid down in Article 53, the Chairman, at the meeting of the National Council following the expiry date, shall have an oral report on the activities of the Committee of Inquiry. Section 51 (2) shall apply mutatily.

(2) The activities of the Committee of Inquiry shall end with the reporting referred to in paragraph 1. The relevant date shall be determined by the President at the sitting, recorded in the official minutes and published immediately.

Duration and termination

§ 53. (1) The activities of a committee of inquiry shall end with the commencement of the consideration of the report in accordance with § 51 in the meeting of the National Council, which shall be the next following the handover to the President. This shall be done no later than 14 months after the establishment. The relevant date shall be determined by the President at that meeting, recorded in the Official Records and published immediately.

(2) A request for the establishment of a committee of inquiry pursuant to Article 1 (2) may contain a request for a reduction in the time limit laid down in paragraph 1. The Committee on the Rules of Procedure shall decide thereon. This decision shall be recorded in the report in accordance with § 3.

(3) A proposal from the President or a request to set a deadline for reporting in accordance with § 43 of the GOG has to take into account the time limits pursuant to section 51 (3).

(4) If a committee of inquiry has been appointed on the basis of a failure in accordance with Section 1 (2), a time limit pursuant to § 43 of the GOG shall be inadmissible. In this case, the committee of inquiry may terminate the taking of evidence in accordance with Section 22 only at the request of the inclusion minority.

(5) The period referred to in paragraph 1 may be extended for a maximum period of three months at the request of the inclusion minority. Such a request shall be communicated in writing to the President no later than 12 months after the date of establishment.

(6) The National Council may, at the request of the inclusion minority, decide to extend a further extension for a period of not less than three months. Such a request shall be submitted to the President in writing no later than 15 months after the date of establishment. Five Members may ask for a debate on this. § 2 (1) is to be applied in a reasonable way. The vote will be taken at the end of the sitting.

(7) In the event of dissolution of the National Council before the expiry of the legislative period by a decision pursuant to Art. 29 (2) B-VG, the committee of inquiry shall terminate the taking of evidence pursuant to section 22 with the presentation of the relevant federal law and shall, in accordance with the provisions of the Time limits in § 51 (4) report. Otherwise, the reporting shall be made by the day before the deadline for the next election of the National Council.

Regulations

§ 54. (1) The provisions applicable to the meetings of the National Council shall apply mutatily to the call to cause and to order.

(2) After a call for order has been issued, the Chairman may, in the case of continued violation of the provisions of the Law on the Rules of Information, by revelation of classified information be received at a meeting by a member of the committee of inquiry. Set the order money in the amount of 500 to 1 000 euro. Such fixing shall be made at a meeting of the Committee. It shall be justified and shall be recorded in the Official Records. The chairman shall inform the member of the committee of inquiry concerned in writing, without any unnecessary delay, and of the President.

(3) The Chairman may, at the request of the procedural judge or in his own case, in the event of a repeated infringement of the provisions of the Law on the Rules of Procedure, also fix a law of order in accordance with paragraph 2 if the breach outside a meeting of the The Committee of Inquiry has been conducted and has led to the dissemination of classified information in a periodic or permanently accessible (website) medium or to a publication on the radio. The application of the request, together with the reasons for and the determination of the application, shall be made in the meeting of the Committee of Inquiry following the publication.

(4) The Member of the Committee of Inquiry concerned may, before the end of the next meeting of the Committee of Inquiry, object to the President of the Committee of Inquiry in order to determine the order for the order of order. The opposition shall have suspensive effect and shall be forwarded to the Committee on the Rules of Procedure, with a copy of the written notice referred to in paragraph 2. The Committee on the Rules of Procedure shall decide on the objection without unnecessary delay. The Committee on the Rules of Procedure shall, without delay, notify the Member of the Committee of Inquiry concerned and the President concerned of its decision in writing.

(5) The President shall be responsible for the collection of orders for the order of order. The federal funds are allocated to the federal government. A disciplinary penalty is from those under the Federal Remuneration Act, BGBl. I n ° 64/1997, in the version of the Federal Law BGBl. I No 57/2014, to deduct existing claims of the member of the Committee of Inquiry concerned.

Explosives

§ 55. (1) A fine of EUR 500 to EUR 5 000 shall be considered as a prey for non-compliance with a charge as a person providing information, in the event of a repetition of the amount of EUR 2 000 to 10 000.

(2) A fine of up to EUR 1 000 shall be considered as a prey for unjustified denial of the statement.

Jurisdiction and procedures of the Federal Administrative Court

§ 56. (1) In the cases of § § 36 (1) and (4) and 45 (2), the Federal Administrative Court shall decide by Senate.

(2) In the cases of § § 36 (1) and (45) (2), the Federal Administrative Court shall decide within fourteen days.

(3) Any decision in accordance with paragraph 1 shall include an instruction concerning the possibility of filing a complaint with the Constitutional Court and a regular or extraordinary revision in the Administrative Court. The Federal Administrative Court has also to point out:

1.

in the case of the lodging of such a complaint or Revision of deadlines;

2.

the legal requirements for the submission of such a complaint or Revision by an authorized attorney;

3.

to those for such a complaint or Revision of input fees to be paid.

(4) For the assessment of the bending penalty in accordance with § 55, the Federal Administrative Court (Bundesverwaltungsgericht) has § 19 Administrative Criminal Law 1991, BGBl. No 52, mutatily.

Parliamentary Arbitration Board

§ 57. (1) The members of the People's Office shall form the parliamentary arbitration body.

(2) The Chairman shall inform the parliamentary arbitration body without delay in the event of a failure in accordance with Section 41 (5) and shall forward the minutes of the interview to her.

(3) unanimity shall be required for a decision of the parliamentary referee. A abstention is inadmissible. The decision shall be made public by the President. Section 20 (4) shall apply mutatily.

Inspection of the activities of the law enforcement authorities

§ 58. (1) The Chairman shall send the Federal Minister of Justice to the Federal Minister for Justice the basic warrant in accordance with § 24, additional proof requirements in accordance with § 25, as well as charges of persons of information.

(2) If the Federal Minister for Justice considers that the requirements of files and documents, requests for evidence surveys or the summons of information officers, affect the activities of the law enforcement authorities in certain investigative procedures, He may ask the chairman to include the consultation procedure. The Chairman shall immediately initiate the consultation procedure.

(3) The consultation procedure shall be conducted by the Chairman with the assistance of the procedural judge. The political groups shall be involved in the consultation procedure. You can make a member for each of them.

(4) In the context of the consultation procedure, the Chairman and the Federal Minister for Justice can agree in writing that when defining the work plan, presenting files and documents, as well as results of surveys, the survey of It is necessary to take appropriate measures into account for the activities of the law enforcement authorities in certain investigative proceedings, in the case of publications of the Committee of Inquiry. In doing so, the interests of law enforcement must be weighed against the interests of parliamentary control.

(5) In the event of disagreement between the Committee of Inquiry and the Federal Minister for Justice concerning the requirement or interpretation of such an agreement, the Committee may invite the Federal Minister of Justice to within a The deadline of two weeks is to take a stand.

(6) The Constitutional Court decides on the requirement or interpretation of such an agreement in accordance with Art. 138b (1) Z 6 B-VG if the Committee of Inquiry or the Federal Minister for Justice calls it after the expiry of the period referred to in paragraph 5.

Cost of information for respondents and persons of trust

§ 59. (1) A person providing information for the purpose of questioning of their residential and/or residential areas. If the place of service is to travel to the seat of the National Council, a replacement of the necessary costs is due. Parliament's Directorate shall, in the case of proof of such costs, be replaced by the President after approval by the President. The travel fee rules applicable to federal staff shall be applied in accordance with the applicable rules. The information person must also be replaced with the lost earnings against the corresponding proof.

(2) A person of trust who accompanies an information person in accordance with § 46, and for this purpose from their residential and/or their homes respectively. Where the place of service is to travel to the seat of the National Council, a replacement of the costs should be paid. Parliament's Directorate shall, in the case of proof of such costs, be replaced by the President after approval by the President. The travel fee rules applicable to federal staff shall be applied in accordance with the applicable rules.

(3) If an information person can be accompanied by a confidant, she may apply for the replacement of the costs incurred by the advising. The application shall contain a presentation of the income and financial situation as well as information on the need for financial support and shall be submitted no later than the beginning of the interview. A list of costs shall be returned immediately after the end of the interview.

(4) The chairman shall decide on the application in accordance with paragraph 3 after the required documents have been submitted and after consultation with the procedural judge without unnecessary delay. The information person shall be reimbursedthe reasonable cost of the consultation, taking into account the financial circumstances of the respondents, but at most the amount which the procedural lawyer shall pay according to § 60 (1) for the duration of the interview. of this information person.

Reimbursement of costs for procedural judges, procedural authority and investigative officer

§ 60. (1) The procedural judge and the procedural authority, their deputites and the investigating officer shall be entitled, as compensation for the performance of their duties, for each hour commenced, one tenth of the compensation of a substitute member of the Constitutional Court for a sitting day (§ 4 para. 3 VfGG). For the remuneration of their travel expenses, the travel fee regulations applicable to federal staff shall apply in a reasonable way. The President shall be responsible for the assessment of the remuneration.

(2) The President shall make available to the procedural judge and to the procedural authority, their deputites and the investigative officer the necessary resources and staff resources necessary to deal with their administrative activities. The personnel provided shall be bound exclusively to their instructions in the case of activities on behalf of the procedural judge, the procedural lawyer or their deputies as well as the investigative officer.

Cost of expertise for experts

§ 61. (1) Experts who have been summoned to the Committee of Inquiry for oral expression and for this purpose from their residential or residential areas, respectively. If the place of service is to travel to the seat of the National Council, a replacement of the necessary costs should be paid. Parliament's Directorate shall, in the case of proof of such costs, be replaced by the President after approval by the President. The travel fee rules applicable to federal staff shall be applied in accordance with the applicable rules.

(2) Experts shall be entitled to appropriate compensation for the preparation of written reports. This shall be decided by the President. "

48. The previous Appendix 2 concerning provisions for the handling and distribution of templates, documents, reports, information and communications on projects within the framework of the European Union (distribution order-EU-VO-EU) is no longer applicable.

49. Annex 3 concerning provisions for the information and handling of documents, documents, reports, information and communications under the European Stability Mechanism (ESM-Information Rules) is set out in Annex 2.

Fischer

Faymann