Amendment Of The Rules Of Procedure Act 1975

Original Language Title: Änderung des Geschäftsordnungsgesetzes 1975

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99. Federal law that modifies the Federal law on the rules of procedure of the National Council (rules of Procedure Act 1975)

The National Council has decided:

 

The Federal law on the rules of procedure of the National Council (rules of Procedure Act 1975), Federal Law Gazette No. 410/1975, as last amended by Federal Law Gazette I no. 6/2014, is amended as follows:

1. in article 2, paragraph 1 Z 4 is the phrase "of the incompatibility Act 1983, BGBl. No. 330" by the phrase "of the Unvereinbarkeits - and transparency Act, BGBl. No. 330/1983" replaced.

2nd in the § 2 para 4 and 107 is the phrase "of the incompatibility Act 1983, BGBl. No. 330" is replaced by the phrase "of the Unvereinbarkeits - and transparency Act".

3. paragraph 8 para 3:

"(3) in any case, require the previous advice in the Presidential Conference: 1 enacting the House rules (§ 14 para 1), 2nd the Shapley'schen procedure (§ 32 para 2), 3. compiling a list of people the choice of proceedings judge, advocate process or their deputies in accordance with § 7 paragraph 1 of the annex 1:"Rules of procedure for parliamentary committees of inquiry"(VO-UA), 4. the proposals on the Rules Committee to the choice of procedure justice" ", of advocate general procedures or their alternates pursuant to § 7 para 2 VO-UA, as well as 5. the determination of the expiry of an inquiry in accordance with article 98 b."

4. § 8 the following paragraph 4 is added:

"(4) as the decrees of the President with respect to 1 the list of members (§ 14 para 7) require 28 b paragraph 4 and section 31 c, 2. the number of the request in accordance with section paragraph 13, 3. the limitation of speaking time (§ 57 par. 2 Nos. 2 and 3), 4th speech order (§ 60 para 8), 5th of the time of the debate in accordance with section 81 subsection 2, 6 of the inapplicability of the question time (section 94 para 4)" ", 7 decisions according to article 6 par. 2, article 10, paragraph 1 and 3 as well as article 13, paragraph 1 Z 6 and paragraph 2 No. 2 of the Federal Act on the information system of the National Council and I of the Federal Council (information Planning Act - InfOG), Federal Law Gazette No. 102/2014, 8 the regulations in accordance with §§ 26 and 27 InfOG of the previous advice in the Presidential Conference."

5. paragraph 10 section 1:

"(1) the members may due to the in the exercise of their profession never be blamed past votes. Because of the oral or written statements made in this profession they may be held accountable only by the National Council; This does not apply for official prosecution for defamation pursuant to paragraph 297 of the Penal Code, BGBl 60/1974, or for an offence according to the InfOG."

6 § 13 the following paragraph 8 is added:

"(8) the President leads the list of people the choice of proceedings judge, advocate process or their deputies for a Committee of inquiry pursuant to § 7 para 1 VO-UA."

7. in article 21, paragraph 1, at the end of the point is replaced by a semicolon and attached the following list:

"Requests and request on setting up a Committee of inquiry in accordance with section 33."

8. in article 21, paragraph 2 is after the phrase "Independent proposals from committees;" the twist "Reports of the Rules Committee in accordance with section 3 VO-UA;" inserted.

9 the following paragraph 5 is added to paragraph 21:

"(5) items of the negotiation of the Rules Committee are:"

Written reasoned objections against the fixing of a fine money pursuant to § 54 para 4 VO-UA"

10. after section 23 the following article 23a is inserted:

'Article 23a. (1) the items specified in § 21 of negotiation, to the National Council passed documents, meeting agendas and other parliamentary documents can be electronically copied and distributed to the members. It also an electronic signature can be used.

(2) where a publication in printed form is provided for in the rules of procedure, also an electronic form is permitted.

(3) the documents mentioned in paragraph 1 are duplicated within the meaning of the rules of procedure, as electronic and distributed when they electronically transmitted the members."

11 in the § § 26 para 2 and 26a para 2 the set eliminates each: "Each application at least four copies are to settle."

12 paragraph 28 b paragraph 2:

"(2) the debate and vote on reports of the Federal Government and its members, as well as about reports of Federal Ministers in EU Affairs in accordance with article 23f 2 B-VG is public in accordance with § 37a para 1 No. 1."

13 in section 31b paragraph 2 is the twist "as amended by Federal Law Gazette I no. 113/2011"by the phrase", Federal Law Gazette I no. 113/2011" replaced.

14 paragraph 31 b paragraph 3:

"(3) templates, documents, reports, information and communications projects in the framework of the European Union, which are not classified, are recorded in the EU database in accordance with § 1 para 2 of the EU information law. The acquisition is considered distribution within the meaning of this Act."

15 section 31B on following paragraphs shall be added:

"(4) templates, documents, reports, information and communications projects in the framework of the European Union, the as" Restreint UE/EU restricted "are classified, are recorded in the data base of the EU."

(5) the members of the National Council have access to templates, documents, reports, information and communications projects in the framework of the European Union, which are recorded in the database in accordance with article 2, paragraph 1 and 2 of the EU information law. Persons designated made by the clubs and officials of the parliamentary staff have access to these documents in accordance with the Regulations Act.

"(6) for dealing with and the distribution of other templates, documents, reports, information and communications projects in the framework of the European Union apply the Regulation Act."

16 section 31c para 6 and 7 are:

"(6) the meetings of the main Committee on projects in the framework of the European Union are confidential or secret in accordance with § 37a, if regulations of the European Union concerning the secrecy of such projects or documents that refer to it, require this.

(7) negotiations of the main Committee in matters of the European Union are public pursuant to § 37a para 1 No. 2."

17. in article 31 (c) paras 12 and 13 is eliminated each turn "as amended by Federal Law Gazette I no. 113/2011".

18 in section 31f paragraph 2, the phrase "with at least four copies of" does not apply in the first set.

19 section 31f paragraph 4 reads:

"(4) the respondent has to respond in writing within 10 working days after delivery of the request to the President. A supply of the desired information is not possible, the respondents so he has to justify this in the answer. Templates, documents, reports, information and messages to a project within the framework of the European Union, which are available to the National Council in accordance with article 2, paragraph 1, 2 or 3 of the EU Information Act already available, are not required to by the respondent in answer."

20. in Article 32a, para. 1 and 4 is the quote "article 51B and 51c para 2" by the quote "article 51 paragraph 7, article 51b 2, art. 51c para. 3 and art. 51 d para 2" replaced.

20A. is section 32a, paragraph 2:

"(2) the negotiations of the Permanent Subcommittee are, as far as he's not else decides confidentially in accordance with § 37a para 3."

21 in section 32a (4), the quote is "article 51b para 2" by the quote "article 51 para 7 subpara 1" replaced.

22. in section 32d para 4 the expression will be replaced "confidential" secret by the phrase "in accordance with § 37a paragraph 4".

23. in section 32f, paragraph 2 1 set the phrase "in accordance with § 37a paragraph 3" is inserted after the word "confidential".

24 in section 32j (4) is to turn "decision" the twist "in accordance with § 9 para 3 InfOG" inserted.

25 paragraph 33: "the National Council can on the basis of a written request, which must be supported, taking into account of the applicant (the applicant) of at least 5 members of § 33 (1), adopt a decision on setting up a Committee of inquiry. In addition, a Committee of inquiry must be used at the request of at least 46 of its members.

(2) such requests and desire to engage in the meetings of the National Council in writing and have the subject of the investigation in accordance with article 53 to sec. 2 B-VG. A request referred to in paragraph 1 must be accompanied by the formula "The National Council would decide" and is provided to the President with the handwritten signature of the applicant or the applicant. The property as a subject must be clearly indicated in the application. Requests and desires, which are adequately supported, are immediately distributed to the members.

(3) the "rules of procedure for parliamentary committees of inquiry" (VO-UA), which forms a part of the same as annex 1 to this federal law applies for the establishment and the procedure of committees of inquiry. If this procedure is not otherwise determined, the provisions of this Federal Act are for the procedure applied.


(4) the National Council may decide a debate on a motion or a desire to set up a Committee of inquiry. Five members may request such. The debate takes place after completion of the order of the day and depends on the §§ 57a and 57B. Of members who belong to the same club, only such desire per session may be inserted. Supported such a desire by members of several clubs, it is the Club, the first signatory is a member of the credit. This part of any club, and so applies this provision with regard to the second signatory.

(5) a request referred to in paragraph 1 can be withdrawn by the applicant (by the applicant) until the beginning of the votes in the Committee on rules of procedure. A request referred to in paragraph 1 may be withdrawn by the minority of establishment of until the beginning of the treatment of the report in the National Council in accordance with paragraph 9. The President has the distribution of writing about the withdrawal of the legislators.

(6) applications or request on setting up committees of inquiry are to assign the Rules Committee at the end of the session of their contribution. The Rules Committee has to take the advice within four weeks after assignment of the application or a desire to set up a Committee of inquiry and to report to the Council within another four weeks.

(7) the National Council endorsed the report of the Rules Committee in the next following the handover of the President meeting in negotiations to take.

(8) the debate and vote follows the General rules on the treatment of business at meetings of the National Council in the case of a report that is reimbursed on the basis of an application referred to in paragraph 1. Proposed amendment and supplementary requests as well as request on split vote are not permitted.

(9) as far as the Rules Committee not to entirely or partially inadmissible considers a request referred to in paragraph 1, is the Committee of inquiry with the beginning of the treatment of the report used to such an extent as and decisions in accordance with article 3 par. 5 VO-UA are effective. The relevant time is determined by the President at the meeting, recorded in the official log and published immediately. In the debate, article 60, paragraph 3 shall apply.

(10) the Rules Committee has to step outside the meetings, if the need to do so arises after paragraph 6 or the provisions of the VO-UA. The Committee of inquiry can meet outside of the meetings."

26 in section 35, paragraph 7 the phrase "in accordance with § 37a paragraph 3" is inserted in the 1st sentence after the word "confidential". In the 2nd sentence is the word sequence ", with the exception of paragraph 4,"by the phrase"with the exception of paragraph 3, 37a" replaced.

27 paragraph 37:

"§ 37 (1) who is President of the National Council shall be entitled to attend the negotiations of also those committees of to which he does not belong to a member in an advisory. Other members may be present as listeners.

(2) it is free the committees consult other members to participate in meetings with an advisory vote.

(3) the Federal Council shall be entitled to be present during the negotiations of the committees as a listener.

(4) the committees are required to those parts of their meetings that are of preliminary discussion of a referendum, the agent, according to the Referendum Act of 1973, as well as two other Z to take 3 of the Referendum Act 1973, this Deputy to nominating in accordance with § 3 paragraph 3.

(5) persons authorised neither according to the par. 1 to 4 according the § 18 para 1 or 20 paragraphs 1 and 5 to take part in a meeting of the Committee, may be present only on the basis of a licence (authority) of the President of the National Council or the weisungsberechtigten member of the Federal Government, President of the Court of Auditors or Chairman of the Ombudsman.

(6) only people may participate in confidential and secret meetings of committees in accordance with § 37a, which belong to the Committee as members, according to the § 18 para 1 or 20 entitled paragraphs 1 and 5 to take part or for the relevant classification level in accordance with article 13 shall be entitled InfOG. The Committee shall decide on the participation of other people. These are to instruct by the Chairman on the confidentiality and the consequences of the disclosure of protected information.

(7) each Committee can exclude all persons of meetings or parts of a meeting, that belong to the National Council nor in accordance with the § 18 para 1 and 20 are entitled paragraphs 1 and 5 to take part in the negotiations. The President of the National Council can never exclude from a Committee meeting."

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

"§ 37a. (1) the public is granted on the basis of the spatial possibilities in favor of media representatives, access in public meetings of the committees of the National Council. Sound and image recordings are allowed. The debate and vote on reports of the Federal Government and its members, as well as about reports of Federal Ministers in EU Affairs in accordance with § are public 28 b, 2 1 the debates and votes of the main Committee in matters of the European Union, as far as is not else specified in paragraph 3 and 4. The public can be excluded from important reasons - also for parts of the discussions - at the request of a member, 3. the hearing of experts and respondents in the preliminary discussion of significant bills and state contracts, unless a Committee decides this, 4. the general debate or an extensive discussion of a referendum under assistance from experts or respondents, and 5. the hearing by respondents during preliminary discussion of reports of the Court of Auditors , if the Court of Auditors Committee so decides, with sound and picture recordings are not permitted.

(2) meetings of the committees of the National Council shall not be public, unless else is intended. Sound and picture recordings are not permitted.

(3) the Committee may decide that and to what extent their negotiations as well as the decisions taken by them are confidential. Proceedings or the deliberations of a Committee are anyway, confidential, when used according to the information procedure Act 1 and 2, or ESM classified information classified information of the levels. The negotiations of subcommittees in accordance with §§ 32a, 32e, 32f, and 35 are not confidential this also, as far as other decide.

(4) proceedings or the deliberations of a Committee, in which used classified information of stages 3 and 4 in accordance with the law on information order, are secret. The meetings of standing committees pursuant to § 32B are secret, if not otherwise decided.

(5) the Chairman decides on the extent of logging a Committee meeting where classified information or ESM classified information is handled. The President has to provide for the safe custody of the protocols."

29. in article 42, paragraph 1 and 2, the expression "§ 37 para 3" by the expression "§ 37 para 4" is replaced.

30 § 43 para 1 is: "the National Council can § 43 (1) on the proposal of the President or at the request of a member in accordance with article 59, paragraph 1 at any time - also during the negotiations on a subject in the Committee - a period set the Committee reporting. This shall not apply in the case of a Committee of inquiry, which is due to a request in accordance with article 33, paragraph 1. The announcement of a relevant proposal by the President or the position of such application has input into the agenda of a meeting to take place. The vote on this is, if no debate takes place, to be made by the President after the end of the negotiations at this meeting; a debate is taking place, so the vote is carried out after the close of this debate."

31 paragraph 51 paragraph 4:

"(4) the Protocol has only experienced: the items taken during proceedings, the questions put to the vote, the result of voting and decisions determining the timing of the establishment of a Committee of inquiry in accordance with § 33 par. 9."

32. in section 57a, par. 1 lit. c is inserted after the expression "Application" the phrase "or a desire".

33. paragraph 67 para 3:

(3) for the vote on motions in the debate on the subject is an urgent request § 93 par. 6.

34. in paragraph 74, the term "Annex 3" is replaced by "Appendix 2" g para. 2.

35. paragraph 4 deleted § 75.

36. in article 76, para. 3, the quote is "art. 50 para. 2 Z 3" by the quote "art. 50 para. 2 Z 4" replaced.

37. in article 79, paragraph 3, the expression is "within the meaning of § 28 para 2" is replaced by the expression "in accordance with § 37a para 1 No. 5".

38. in section 82 paragraph 2 2 following Z 2a is inserted after Z: '2a.
The information planning act can be amended only in the presence of at least half of the members and by a majority of two-thirds of the votes."

39. in article 91, paragraph 1, the phrase "with at least four copies" is omitted in the first set.

40. in article 91, paragraph 4, of the 3rd movement is eliminated.

41. in article 97, paragraph 2, the last sentence is omitted.

42. in article 98, paragraph 5, the expression is "§ 28 para 2" is replaced by the expression "§ 37a para 1".


43. Article 102 paragraph 1 is: "(1) if someone who is entitled to violate the integrity or the dignity of the National Council, to participate in the negotiations of the National Council used offensive remarks, not a consequence of dictates of the President or breach confidentiality obligations on the basis of the Regulations Act, the President expressed disapproval about by the reputation of" the order"."

44. paragraph 106:

"§ 106. require one-third of the members of the immunity Committee to obtain a decision of the National Council in the sense of article 10 paragraph 3, request to convene an extraordinary meeting in accordance with section 46 paragraph 2, request to conduct a referendum pursuant to section 84 subsection 1 or 85, as well as requests and disputes in proceedings before the Constitutional Court in accordance with these rules of procedure can be addressed in writing with the handwritten signatures of the deputies to the President for further constitutional treatment."

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

'Article 108a. As far as other federal laws is referenced in this federal law provisions, they are in their currently valid version to apply."

46. the following paragraph 7 is added to article 109:

"(7) § 2 para 1 Nos. 4 and para 4, § 8 section 3 and 4, article 10, paragraph 1, § 13 para 8, article 21, paragraph 1, 2 and 5, § 23a, § 26 para 2, § 26a para 2, § 28 para 2, § 31b para 2 to 6, § 31c para 6, 7, 12 and 13, section 31f para 2 and 4, Article 32a par. 1, 2 and 4, section 32d para 4" , 32f para 2, 32j para 4, § 33, § 35 paragraph 7, §§ 37 and 37a, § 42 para 1 and 2, § 43 para 1, § 51 para 4, § 57a par. 1 lit. c, section 67 para 3, § 74 g para 2, § 76 para 3, § 79 para. 3, § 82 para. 2 Z 2a, article 91, paragraph 1 and 4, article 97, paragraph 2, article 98, paragraph 5, article 102, paragraph 1, section 106, article 107, section 108a, the Appendix 1 to the rules of Procedure Act 1975: "Rules of procedure for parliamentary committees of inquiry (VO-UA)" and the title of Appendix 2 to the rules of procedure law in 1975 in the version of Federal Law Gazette I no. 99/2014 , take effect from 1 January 2015. "1975 section 75, paragraph 4, as well as the Appendix 2 to the rules of Procedure Act happening:" provisions for dealing with and distribution of templates, documents, reports, information, and communications projects in the framework of the European Union (distribution regulations-EU-VO-EU) ", Federal Law Gazette I no. 114/2011, override."

47. the Appendix 1 to the rules of procedure law "Rules of procedure for parliamentary committees of inquiry (VO-UA)" is:

"Appendix 1 to the GOG

THE RULES OF PROCEDURE FOR PARLIAMENTARY COMMITTEES OF INQUIRY

(VO-UA)

Contents § 1 application and request on setting up a Committee of inquiry section 2 short debate on one request or a request section 3 consultation and decision-making in the Committee of the rules of procedure article 4 establishment and Constitution of a Committee of inquiry section 5 Presidency § 6 tasks of presiding § 7 order the Justice of the procedure and of advocate general procedures article 8 conditions for the appointment and position as proceedings judge article 9 tasks of the procedural judge § 10 prerequisites for the appointment and procedure law section 11 is deemed tasks of proceedings Advocate General § 12 advice on information the Justice of the process or of proceedings Advocate General § 13 order and order of the investigation officer § 14 rights and obligations of the investigation Commissioner § 15 other eligible persons section 16 Investigation Committee article 17 meetings Medienöffentliche and confidential meetings § 18 deliberations the Committee of inquiry of § 19 logging section 20 publications section 21 information security section 22 evidence § 23 evidence § 24 of fundamental evidence decision article 25 supplementary evidence requirements section 26 disclosure of evidence decisions and additional proof requirements of § 27 presenting evidence § 28 charge by respondents with decision section 29 cargo of respondents requested article 30 content of the cargo and setting the order of interviews of § 31 written statements § 32
Making out cargo section 33 rights and obligations of respondents § 34 inadmissibility of inquiry as respondent § 35 statement required by public servants and understanding the service authority § 36 consequences of staying by respondents § 37 survey of respondents § 38 instruction section 39 respondents introductory statement and initial survey § 40 Word issue surveys section 41 admissibility of questions at respondents § 42 use of records and documents of § 43 statement refusal reasons § 44 statement refusal at attendance as notary public section 45 Glaubhaftmachung of the reasons for refusal statement § 46 confidant § 47 proof by expert § 48 order an expert section 49 inspection of files and documents by experts § 50 judicial inspection § 51 reporting § 52 oral reporting article 53 duration and termination § 54 order provisions of § 55 injunction § 56 jurisdiction and procedure of the Supreme Administrative Court of § 57 parliamentary Arbitration Board section 58 consideration on the activity of law enforcement agencies § 59 reimbursement for respondents and persons of trust § 60 reimbursement of costs for proceedings judge, procedural law and investigation officers § 61 reimbursement costs for expert application and request on setting up a Committee of inquiry

§ 1 (1) the National Council may take the decision on setting up a Committee of inquiry on the basis of a written request. The application must be supported by at least five members of Parliament taking into account of the applicant (the applicant).

(2) the National Council has to set up a Committee of investigation upon the request of at least 46 of its members. 46 members of Parliament who supported such a request, make the minority of establishment of after this procedure.

(3) a member who has supported a request referred to in paragraph 2, retires prior to the termination of activity of the Committee of inquiry the National Council, those members of Parliament, following up on its mandate, can be counted the minority of creation of.

(4) a member who has supported a request pursuant to paragraph 2 or a request or a request in accordance with section 53, no other request referred to in paragraph 2 can support up to the termination of activity of this Committee of inquiry.

(5) a request or a request on setting up a Committee of inquiry is the President stating the subject matter of the investigation referred to in article 53 to present para. 2 B-VG in writing at a meeting of the National Council. A content outline of the subject matter of the investigation after evidence topics is allowed, however, the collection of directly related topic areas is not permitted. A request referred to in paragraph 1 must be provided with the formula: "The National Council would decide" and the President with the handwritten signature of the applicant or the applicant is provided to pass. The property as a subject must be clearly indicated in the application. Requests and desires, which are adequately supported, are immediately distributed to the members.

(6) a request referred to in paragraph 2 may include a request for shortening the period referred to in section 53, paragraph 2.

(7) a request referred to in paragraph 1 can be withdrawn by the applicant (by the applicant) until the beginning of the votes in the Committee on rules of procedure. A request referred to in paragraph 2 can be pulled back up to the beginning of the treatment of the report to the National Council in accordance with article 4, paragraph 2. The President has the distribution of writing about the withdrawal of the legislators.

Short debate on an application or a request

A debate on a motion or a desire to set up a study Committee decide § 2 (1) which can National Council. Five members may request such. The debate takes place after completion of the order of the day and depends on the §§ 57a and 57B GOG. Of members who belong to the same club, only such desire per session may be inserted. Supported such a desire by members of several clubs, it is the Club, the first signatory is a member of the credit. This part of any club, and so applies this provision with regard to the second signatory.

(2) applications or request on setting up committees of inquiry are to assign the Rules Committee at the end of the session their arrival.

Consultation and decision-making in the Committee on rules of procedure

Section 3 (1) of the rules of procedure Committee has to take the advice within four weeks after assignment of the application or a desire to set up a Committee of inquiry and to report to the Council within another four weeks.

(2) the Rules Committee considered a request assigned to him pursuant to § 1 para 2 or parts exactly to individual lawmakers as inadmissible, he has to determine the partial or full inadmissibility and justified.

(3) the Rules Committee the composition of the Committee of inquiry has according to the § 30 GOG to determine fixed principles. It should be noted that at least one member of each party represented in the main Committee is a Committee of inquiry.


(4) the Rules Committee may not change investigation referred to in the request in accordance with section 1, paragraph 2, unless all voting at the meeting of the Rules Committee members who have supported the request, agree to this.

(5) the Rules Committee chooses on the basis of the proposal referred to in section 7, paragraph 2 the procedure judges and the procedure law together with their deputies and the fundamental evidence decision in accordance with section 24, as well as possibly a decision regarding the duration of the Committee of inquiry pursuant to § 53 para 2.

(6) the Constitutional Court pursuant to § 56 considers c para 7 Constitutional Court Act 1953 (VfGG), BGBl. No. 85, a decision referred to in paragraph 2 to be unlawful, the Rules Committee has immediately to take the necessary decisions in accordance with paragraph 5.

(7) the Rules Committee has to step outside the meetings, if the need arises in accordance with the rules of this procedure.

Establishment and Constitution of a Committee of inquiry

§ 4 (1) which has National Council to adopt the report of Committee on rules of procedure on an application pursuant to section 1 para 1 in the next following the handover of the President negotiating session and to vote on the application of the Rules Committee. The debate and vote in accordance with the General provisions on the treatment of business at meetings of the National Council. Proposed amendment and supplementary requests as well as request on split vote are not permitted.

(2) as far as the Rules Committee considered not for entirely or partially inadmissible a request in accordance with section 1, paragraph 2, the Committee of inquiry at the beginning of the consideration of the report is considered employed on this scale and the decisions referred to in article 3, par. 3 and 5 take effect. The relevant time is determined by the President at the meeting, recorded in the official log and published immediately. In the debate, article 60 par. 3 GOG shall apply.

(3) the minority of establishment of can call the Constitutional Court pursuant to Article 138b, paragraph 1 Z 1 B-VG after reimbursement of the report of Committee on rules of procedure in the case of a decision in accordance with article 3 par. 2 of the partial or full inadmissibility of a desire on setting up the Committee of inquiry.

(4) the clubs make their members attributable to and alternate members the President. § Apply mutatis mutandis 32 GOG.

(5) the Committee of inquiry is to be constituted without delay.

Chair

5. (1) the President of the National Council is Chairman of a Committee of inquiry.

(2) the President may be represented in the Presidency in accordance with § 6 section 3 by the second or the third party President. Without prejudice to § 15 GOG the President can you transfer tasks in accordance with article 6, paragraph 1 and 2.

(3) every President determines a member acting on behalf on the occasion of the establishment of a Committee of inquiry. This may belong to the Committee of inquiry as a member. If neither the President, nor the second or the third President to undertake the Presidency, this is done by a delegate.

(4) the Chairman may not vote in the Committee of inquiry. He does not count on the number of members elected in accordance with article 3 para. 3.

(5) the Chairman has in procedural issues with the procedural judge to advise and due his decisions whose legal opinion into account. He has to make the agreement with the political groups in all procedural issues whenever possible.

Duties of the Chairman

6. (1) the President represents the Committee of inquiry to the outside and regularly informs the public about the activities of the Committee of inquiry. He has in the political groups and the procedural judge opportunity to participate.

(2) the Chairman sets the agenda, and to convene the Committee to its meetings. He manufactures out according to § 32 and evidence decisions and evidence requirements under section 26 the loads and performs the sequence of the survey of respondents according to § 30 para 2 and 37 para. 2. He leads the consultation procedure in accordance with section 58 with the support of the procedural judge. Reporting in accordance with paragraphs 51 and 52 is the Chairman. The Chairman may delegate the parliamentary staff with the preparation and implementation of decisions of the Committee of inquiry.

(3) within the framework of the Presidency, opens and closes the Chair the meetings of the Committee of inquiry. He manages the rules and pays attention to the protection of fundamental rights and privacy. He leads the negotiations and provides for the maintenance of peace and order during the meeting. He is entitled, but obliged to adjourn in the cases of § 11 paragraph 4 and article 42, paragraph 2. The Chairman directs the survey respondents and experts in accordance with section 37.

Order of the Justice of the procedure and of advocate general procedures

The President of the National Council has § 7 (1) for the duration of a legislative period after consultation in the Presidential Conference to run a continuous list of persons who meet the personal requirements for the function of the procedural judge or advocate procedure. The President has to ask these individuals to consent and, where appropriate, to inform the superior authority. The list shall be published.

(2) the President has to submit a proposal for the election of the procedural judge and advocate process together with their deputies the Committee on rules of procedure after consulting the Presidential Conference.

(3) the Committee of inquiry can opt out of the procedural judge or his Deputy, on the proposal of the Chairman. The Rules Committee is to inform and has to make a new election without delay. § 3 section 5 is to apply mutatis mutandis. The election result is to announce GOG in accordance with section 39. The same applies in the case of leaving the proceedings judge, advocate procedure or a delegate.

Conditions for the appointment and position as a procedural judge

Only people can be ordered § 8 (1) the Justice of the procedure and his Deputy, para 1 B-VG are been appointed pursuant to article 86 as a judge. You must reside in the permanent retirement or for the duration of the investigation Committee in accordance with § 75 d of the judges and Prosecutor Service Act, Federal Law Gazette No. 305/1961, as amended by Federal Law Gazette I no. 8/2014, off duty be.

(2) the procedural judge and his Deputy must guarantee their professional skills and experience that they wear regardless of the political groups of the Committee of inquiry for the compliance with the rules of procedure concern and directly as well as indirectly by the procedure affected people exert their position in the interest of fundamental rights and privacy.

(3) in the case of proceedings judges by his Deputy will be represented.

(4) a remuneration in accordance with article 60, paragraph 1 is due to the proceedings judge and his Deputy for their activities. To carry out their tasks you are them section 60 paragraph 2 to allocate resources according to.

(5) the proceedings judge and his Deputy can be present at all sessions of the Committee of inquiry and all these records and documents inspect the Committee of inquiry.

Tasks of the procedural judge

§ 9 (1) the proceedings judge participates with an advisory vote at the meetings of the Committee of inquiry. He has to maintain his duties to turn immediately to the Chairman. If necessary, the Chairman has to interrupt the questioning.

(2) the procedural judge and his Deputy, support the President in the preparation of the work plan in accordance with article 16, paragraph 1. The procedural judge helps the ranking of the survey of respondents according to § 30 para 2 and 37 para 2 the Chairman.

(3) the procedural judge informed the respondents and the experts about their rights and duties and performs the initial survey referred to in section 39 on behalf of the Chairman and may set supplementary questions to the respondent pursuant to article 40, paragraph 3. He has the Chairman on illegal questions in accordance with section 41 and violations of the InfOG to point out, as well as to advise him in all matters and can request the exclusion of the public in accordance with article 17, paragraph 3. For publications of the Committee of inquiry pursuant to article 20, he can appeal.

(4) the proceedings judge supported the President in the conduct of the consultation procedure and ensures adherence to agreements pursuant to section 58.

(5) the proceedings judge created the design for the report of the Committee of inquiry in accordance with article 51.

Conditions for the appointment and position as procedural law


§ 10 (1) to the procedural law and his deputies can be ordered, who guarantee makes through his professional skills and experience in particular in the areas of fundamental rights and freedoms or in the case-law, that he wears regardless of the political groups of the Committee of inquiry for the compliance with the rules of procedure concern and exerts its position in the interest of fundamental rights and privacy. You must have been at least ten years in a profession engaged, where is the graduation of law or of the law and political science studies of occupational requirement.

(2) in the case of the incapacitation procedure lawyer by his Deputy will be represented.

(3) a remuneration in accordance with article 60, paragraph 1 is due to the procedural law and his deputies for their work. To carry out their tasks you are them section 60 paragraph 2 to allocate resources according to.

(4) the process lawyer and his Deputy can be present at all sessions of the Committee of inquiry and all these records and documents inspect the Committee of inquiry.

Tasks of advocate general procedures

§ 11 (1) of proceedings lawyer participates Advisory in the meetings of the Committee of inquiry. He has to maintain his duties to turn immediately to the Chairman. If necessary, the Chairman has to interrupt the questioning.

(2) the procedure lawyer has to alert the Chairman or the procedural judge at any time immediately for violations of the rules of procedure, as well as on intervention in the Basic or personality rights of respondent.

(3) the process lawyer has to immediately point out reasons for the exclusion of the public pursuant to § 17 para 2 and on the presence of of reasons of denial of the statement in accordance with §§ 43 and 44. For publications of the Committee of inquiry pursuant to article 20, he can appeal.

(4) the process lawyer has to allow respondents to the confidential advice before and during a survey of the Committee of inquiry. For this purpose, it may require an interruption of the meeting.

(5) the procedure lawyer is sworn to secrecy on the matters entrusted to him and which otherwise known facts, whose Geheimhaltung is located a respondent on behalf of obliged him in this property. He has in accordance with the procedural rules in judicial and other administrative procedures after the right to this secrecy.

Notes the Justice of the process or procedure lawyer consultation

§ 12 the Chairman takes the remarks of the Justice of the process or procedure lawyer account, each Member of the Committee of inquiry has the right to request a consultation in at least confidential session according to § 18 to clarify this question. The Chairman announces his decision, stating the reasons at the beginning of the continued consultation or survey for this advice.

Order and order of the investigation officer

§ 13 (1) the Committee of inquiry can order an independent investigation officer at the request of a member. He has to entrust this to carry out certain orders to prepare the evidence adduced in the context of the subject of the investigation.

(2) at the request of a member can the Committee of inquiry 1 set a deadline for the investigation officer reporting, 2. deselect the investigation officer.

(3) decisions in accordance with paragraphs 1 and 2 require a majority of two-thirds of the votes each.

(4) a remuneration in accordance with article 60, paragraph 1 to the investigation officer for his work. To carry out its tasks you are him section 60 paragraph 2 to allocate resources in accordance with.

Rights and obligations of the investigation officer

In that for the performance of his duties insight take section 14 (1) which can identify officers necessary records and documents which are before the Committee of inquiry. He can, at any time, submit a proposal for additional proof requirements pursuant to § 25 to the Committee of inquiry. He has the power to require written and oral information in the scope of its mission and to carry out an inspection within the meaning of section 50.

(2) upon completion of the investigation, the Committee of inquiry in writing or verbally in confidential session a comprehensive officer of investigation has to tell. The reporting of progress reports is allowed. The report may include a proposal on the further course of action. The Chairman has to decide on the classification of the report. Objections are raised, the Committee shall decide.

(3) the determination be on wearing is sworn to secrecy on the matters entrusted to him and which otherwise known facts is obliged him in this capacity.

Other eligible persons

§ 15. Other on the procedure of the Committee of inquiry of people involved apply to participation in § § 37 and 37a GOG with the proviso that the decision for the entire duration of the activities of the Committee of inquiry can be taken.

Meetings of the Committee of inquiry

Section 16 (1) the Committee of inquiry sets a work plan on the proposal of the Chairman, and after consulting with the Justice of the process, taking into account the fundamental evidence decision according to § 24. At least four meetings of the Committee of inquiry per month should take place whenever possible.

(2) the Inquiry Committee may meet outside the meetings.

Media public and confidential sessions

Section 17 (1) at the hearing of respondents and experts is granted access media representatives by the President in accordance with the spatial possibilities. Sound and image recordings are permitted only for purposes of logging in accordance with article 19 and the transmission inside the Parliament building.

(2) the public is to exclude, when vast 1 sensitive interests dictate this public, the respondent or any third party, 2. it is necessary for the protection of industrial or trade secrets, or the exclusion of the public in the interest of obtaining a moderate truth statement appears necessary 3..

(3) if the Chairman decides about the exclusion of the public from private, at the request of the proceedings judge, Member, a respondent or advocate the procedure.

(4) the survey of respondents can take place in sensitive or secret session. In the poll of public servants, a notification pursuant to § 35 is taken into account.

Deliberations of the Committee of inquiry

§ 18. The deliberations of the Committee of inquiry are, as far as he does not otherwise decides, confidential.

Logging

Section 19 (1) of the meetings of the Committee of inquiry is made an official protocol. 38 GOG is provided to apply that 1 is attached documents that the members were brought to the attention at the meeting of the Committee, should be treated according to the rules of evidence and not the official protocol, 2. on any objections against the official protocol, the Chairman shall after consultation with the Justice of the process.

(2) evidence will be logged literally. About other advice is to compose an partial representation, unless the Committee decides otherwise.

(3) the transmitted the survey protocol is proven to provide the respondent and the experts. The respondent or the expert can raise objections against errors of transmission and the scope of the publication of his interview within three days of delivery as well as stimulate individual adjustments to a minor extent. The examination Committee shall decide on objections and corrections. Approved adjustments are to join the Protocol. If no objections are received within one week of severance, a publication of the Protocol in accordance with article 20, paragraph 1 Z 1 is allowed. The examination Committee shall decide on subsequent objections.

Publications

§ 20 (1) the Committee of inquiry can by analogy with pursuant to § 39 GOG publication of 1st verbal protocols over the public questioning of respondents and experts after deciding on due time got objections and corrections pursuant to section 19 para 3, evidence requirements supplementing 2 and load lists in accordance with agreements referred to in section 58, 3. opinion of experts referred to in article 47, 4. reports of investigation officers in accordance with § 14 para 2 and 5 decide written submissions of respondents and documents without prejudice to the provisions referred to in article 39, paragraph 3. He can set a date for the publication.

(2) further pronouncements of inquiry be made on basis of § 39 GOG.

(3) the procedural judge and the Prosecutor of the procedure may raise objection against a decision referred to in paragraph 1. Decides the investigation Committee without delay. Until the decision of the Committee of inquiry into the opposition has the publication to be avoided.


(4) in the case of the publications is on agreements pursuant to section 58, the preservation of vulnerable interests in secrecy in accordance with article 21, as well as worthy of protection confidentiality interests in the use of personal data which prevail over the public interest, to make sure.

Information security

Section 21 (1) for the handling of classified information and non-public information in the Committee of inquiry shall apply the information planning law with the proviso that 1 a respondent in accordance with section 42 classified files and documents can be presented, if not an agreement in accordance with section 58 in contrast, 2 members and by the Club in accordance with § 13 InfOG may make their people for reference notes about the contents of classified records and documents of the steps 2 and 3 , where the notes according to the classification level of the files and documents to handle, 3. members and by the Club in accordance with § 13 InfOG their people have access to all classified information in the Committee of inquiry, 4. continued violation of the provisions of the InfOG a fine in accordance with section 54 cannot be set.

(2) the survey of respondents not in confidential or secret session takes place, a member can use files and documents of at classification level 1 anyway, in the survey, when it before the start of the survey request and the Chairman allowed this after consulting with the Justice of the process has. The Chairman has to announce the conditions for the use of these files and documents, and to provide for the interests of vulnerable non-disclosure.

(3) If a member of the survey records and documents of the classification level 2 or higher, it has in due time to inform the Chairman. The Chairman has provision for it to meet that these parts of the survey in confidential or secret session in accordance with § 37a GOG can take place.

(4) any person who is granted access to classified information in the Committee of inquiry, is to teach about the provisions referred to in paragraph 1.

(5) the Committee of inquiry presented records and documents may not be published. The President can take care prior to distribution to the members of the investigation through an appropriate identification of individual copies for ensuring their safe handling.

(6) the proceedings judge has at any time the Chairman on violations of the order Act to point out.

Taking of evidence

The Committee of inquiry raises § 22 (1) the evidence in the context of the subject of the investigation. Evidence collected due to the fundamental evidence decision, supplemental evidence requirements, the charge of respondents and experts, as well as through inspection.

(2) the taking of evidence ends in accordance with the time limits referred to in paragraphs 51 and 53 with statement of the Chairman. It is in the official record of the Committee meeting as well as in the written report of the investigation Committee to adhere to the National Council.

Evidence

section 23. Everything can be used as evidence, what is suitable to serve the investigation within the framework of the subject of the investigation. However, such evidence, which have been acquired by a criminal offence or by bypassing other statutory provisions are excluded.

Fundamental evidence decision

The fundamental evidence decision committed 24 (1) institutions federal, the countries, the municipalities and the municipal associations of other self-governing to the full submission of records and documents in the scope of the object of investigation. You can be at the same time asked for evidence in connection with the investigation. This does not apply to the template files and documents, as well as surveys, which disclosed would endanger sources within the meaning of article 52a para. 2 B-VG.

(2) the obligation provided for in paragraph 1 is not, as far as the legitimate will of the Federal Government and its individual members or their immediate preparation will be affected.

(3) the basic decision of the proof is to integrate evidence issues and to establish. The institutions affected by the object of the study are to describe exactly. The setting of a reasonable time is allowed. The Rules Committee may adopt requirements for the type of template. If such a decision refers to the activity of law enforcement agencies, is to take action pursuant to section 58.

(4) in the case of a Committee of inquiry set up on the basis of a request in accordance with section 1, paragraph 2 the minority of establishment of can call the Constitutional Court pursuant to Article 138b, paragraph 1 Z 2 B-VG to determine the sufficient scope of basic evidence decision after setting up the Committee of inquiry. The same applies with regard to a supplement of the basic evidence decision pursuant to paragraph 5.

(5) the Constitutional Court in accordance with § 56d VfGG determines that the scope of the fundamental evidence decision is insufficient, has an addition to the Rules Committee within two weeks decide. The decision is in accordance with section 39 to announce GOG.

(6) in the case of a recourse to the Constitutional Court to determine scope of not sufficient supplement of the basic evidence decision pursuant to paragraph 5, this becomes effective in the extended scope established by the Constitutional Court in accordance with section 56d paragraph 7 VfGG. The fundamental evidence decision together with the addition is in accordance with section 39 to announce GOG.

Additional evidence requirements

On the basis of a written request of a member decide § 25 (1) who can study Committee supplemental evidence requirements.

(2) a quarter of its members may require additional proof requirements. The request becomes effective when the majority of members in this session denies not the factual context of the investigation decision.

(Proof of request 3) a supplemental has to commit an organ in accordance with § 24 para 1 and 2 to the extent of the investigation subject to the submission of certain files and documents or to request surveys in connection with the investigation. It is the proof. The setting of a reasonable time is allowed. The Committee of inquiry may decide, requirements on the kind of the template. If such a decision refers to the activity of law enforcement agencies, is to take action pursuant to section 58.

(4) the majority of the members of the Committee of inquiry denies the factual context of a request referred to in paragraph 2 with the object of study, the required area of the members can call the Constitutional Court pursuant to Article 138b, paragraph 1 Z 3 B-VG to decide on the legality of the decision referred to in paragraph 2. The request referred to in paragraph 2 shall take effect with the finding of the Constitutional Court on the illegality of this decision.

Disclosure of evidence decisions and supplementary evidence requirements

Section 26 (1) which has Chairperson to submit evidence decisions and additional proof requirements without undue delay to the concerned bodies.

(2) the Chairman shall immediately inform the debtor institutions on an invocation and a decision of the Constitutional Court in accordance with § 24 para 4 to 6 and section 25 (4).

Presenting evidence

Section 27 (1) institutions federal, the countries, the municipalities and the municipal associations of other self-governing have to comply with evidence decisions without delay in accordance with § 24 and supplemental evidence requirements pursuant to § 25. The transmission of records and documents but only with disclosure pursuant to section 26 paragraph 2 of the decision of the Constitutional Court shall be made in the case of an appeal to the Constitutional Court pursuant to § 24 para 4.

(2) records and documents relating to the activities of law enforcement agencies, must be submitted by the Federal Minister of Justice.

(3) is not a decision of proof of or a supplementary proof or the Committee of inquiry about the reasons of the limited template is only partly complied with, to teach writing.

(4) an information-subject organ considers that the Committee of inquiry, or a quarter of its members of the obligation referred to in paragraph 1 or paragraph 3 does not come or insufficiently to the Committee or a quarter of its members, can ask the institution to fulfil these obligations within a period of two weeks. The request is in writing.

(5) the Constitutional Court decides 4 B-VG pursuant to Article 138b, paragraph 1 Z on the legality of the partial or total rejection of the template or the taking of evidence, if the organ required on or a quarter of the members of the Committee of inquiry calls him after the expiry of the period referred to in paragraph 4 or the Committee decides an appeal on the basis of a written request after expiry of the period referred to in paragraph 4.

(6) classified records or documents are submitted, is writing to inform the Committee of inquiry of the time and the reasons for the classification.

Charge of respondents with decision


section 28. The Committee of inquiry may decide the charge by respondents on the basis of a written request of a member. The application has to call respondents and the topics of the survey and can contain a proposal for the time of the survey. He is taking on the subject of the investigation.

Charge by respondents at the request

29. (1) a quarter of the members of the Committee of inquiry may request in writing the charge by respondents in a session. In the request are to call respondents and the topics of the survey. It can contain a proposal for the time of the survey and to justify with reference to the subject-matter of the investigation. The request becomes effective when the majority of members in this session denies not the factual context of the investigation decision.

(2) a respondent may be due to a request in accordance with paragraph 1 loaded more than twice and in accordance with articles 37 et seq. be interviewed.

(3) the Chairman shall immediately announce the receipt of a request referred to in paragraph 1 and to distribute this to the present members of the Committee of inquiry. Until the end of the session more members of the Committee can help in writing the request the Chairman. Unless a request by more than half of the members is supported, it is not included in the restriction referred to in paragraph 2.

(4) the majority of the members of the Committee of inquiry denies the factual context of a request referred to in paragraph 1 with the object of study, the required area of the members can call the Constitutional Court pursuant to Article 138b, paragraph 1 Z 5 B-VG to decide on the legality of the decision referred to in paragraph 1. With the finding of the Constitutional Court on the illegality of this decision, the request referred to in paragraph 1 takes effect.

Content of the cargo and the sequence of interviews

Section 30 (1) has to contain the object of study and the subjects of the survey, place and time of and a reference to the statutory provisions concerning the rights and obligations of respondents and the reimbursement of costs and possible consequences of the absence of the charge.

(2) the Chairman shall after consultation with the procedural judge in the interest of expediency and, taking into consideration the information referred to in paragraph 1 and the work plan in accordance with article 16, paragraph 1 to determine the time and the order of the survey of respondents. These are the members of the Committee of inquiry to inform immediately.

(3) if the person to be loaded is a public servant, the competent service of the charge must be at the same time informed.

Written statements

§ May at any time be invited to submit its written observations 31 respondents.

Copy of the charge

Charges are 32nd (1) by the Chairman without undue delay to be issued.

(2) the first-time charge can be made without proof of delivery. Any additional charge shall be notified to the recipient to own hands.

Rights and obligations of respondents

33. (1) the respondent has to comply with the cargo and to answer truthfully in the survey. The grounds for refusal of statement pursuant to §§ 43 and 44 remain unaffected. The respondent has in particular the right 1 in accordance with § 11 section 4 before and during their survey of the Committee of inquiry with the procedural law to advise, to accompany 2nd in their survey of a representative pursuant to § 46 and to continue the survey at a later date in the case of exclusion in accordance with article 46, paragraph 4, to give a preliminary opinion in accordance with article 39, paragraph 1 3. , 4 pieces of evidence and statements in accordance with § 39 para 3 to present and whose publication or its classification to apply 5. admissibility of questions pursuant to § 41 para 4 to contest to encourage 6 to template files and documentation referred to in section 42, 7. the exclusion of the public in accordance with article 17 to apply for, to get 8 presented the Protocol in accordance with article 19, para. 3, and to raise objections against errors of transmission and the scope of the publication of his interview, as well as individual adjustments to a minor extent , to take 9 of the draft of Committee report, to be called a group report and a different personal opinion in accordance with article 51, para. 3, and this position, as well as 10 reimbursement of costs pursuant to section 59 to covet.

(2) the hearing as respondent alone justifies a position in public within the meaning of Section 7a of the Austrian Media Act nor a connection with public life within the meaning of articles 6, 7, 7a and 29 media law.

Inadmissibility of inquiry as respondent

§ 34. As respondents may not be heard on: 1. persons who are incapable due to mental illness, because of a mental disability or any other reason, to give the truth;

2. clergy in consideration of what has been entrusted to them in confession or otherwise under the seal of clerical secrecy.

Statement required by public servants and understanding the service authority

§ May cannot rely 35. civil servants in the survey on the obligation of secrecy. It keeps the service authority due to the understanding that held the survey of staff, partially or entirely in confidential or secret session in accordance with § 37a GOG according to § 30 para 3 necessary, she communicated this to the Committee of inquiry.

Consequences of the absence of respondents

If a respondent does not a consequence of the charge made to you pursuant to § 32 para 2 to own hands without sufficient excuse, the investigation Committee at the Federal Administrative Court may request the imposition of preventive punishment pursuant to § 55 section 36 (1). The request shall be justified.

(2) the Committee of inquiry may invite the respondent at the same time again and threaten that he could decide the demonstration at once again non-compliance with the cargo. The respondent does not result, one such charge without sufficient excuse as the Committee of inquiry may decide that it is the political authority.

(3) decisions in accordance with paragraphs 1 and 2 are to be issued by the Chairman.

(4) against the screening referred to in paragraph 2, a complaint to the Federal Administrative Court is allowed.

Survey of respondents

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

(2) the Chairman may after consultation with the Justice of the process as well as possible with the involvement of the political groups in a session you change certain order of the survey of respondents according to § 30 para 2.

(3) respondents, their saying out differ, can be juxtaposed. Here, more questions can be asked pointing out contradictions between the statements made by all members of the Committee to clarify these inconsistencies.

(4) the survey of a respondent shall not exceed three hours. The survey is by the Chairman after no more than four hours over to explain. The initial survey and a preliminary opinion in accordance with section 39 and session breaks are not included.

Instruction of the respondents

section 38. The procedural judge has first of all to examine the personal data of the respondent. He has them prior to her interview about the reasons for a denial of the statement and an exclusion of the public, as well as the obligation to announce of the truth and the criminal consequences of a false statement to instruct. This instruction should be noted in the official record.

Introductory statement and initial survey

Section 39 (1) the proceedings judge has to allow for a preliminary opinion of the respondent, which should not exceed 20 minutes.

(2) the procedural judge then performs the first survey of the information subject to the topic of the survey on behalf of the Chairman, which should not exceed 15 minutes.

(3) respondents may submit evidence and opinions, which are to take to the Committee files. The respondent may request their publication or classification. The Committee decides.

Permission to speak during interviews

40. (1) the Chairman leads the list of speakers and gave the floor to members of the Committee following the initial consultation.

(2) the Chairman has the right for important reasons, especially if this serves the negotiating economics or the truth or if contradictions are to be clearly at the suggestion of the procedural judge to depart from private by the order of Word granted at the request of a member or, if no objection is raised - or to withdraw the word a speaker.

(3) there are no speeches, proceedings judges may set supplementary questions to the respondent.

Admissibility of questions to respondents

41. (1) ask the respondent must be covered by the topic of evidence specified in the summons.


(2) the questions to the respondent may be not indeterminate, ambiguous, tricky, insulting or satisfactory, and hurt not reason or personality rights. In particular, such questions are not allowed for which assumes a fact not granted by the respondent as already said.

(3) ask, circumstances are held through a person's information, which should only be determined by your response, may only be made if the information does not in any way can be obtained.

(4) the Chairman shall decide after consulting with the Justice of the process about the inadmissibility of a matter. He has requested a member of the investigation Committee, to decide of advocate general procedures or a respondent on the inadmissibility of a matter.

(5) the parliamentary Board of arbitration pursuant to § 57 decides 4. at the request of a quarter of the members of a Committee of inquiry on the legality of establishing of the Chairman in accordance with paragraph unless the parliamentary Board of arbitration considers a matter to be admissible, as has the Chairman to invite the respondent without delay in accordance with § 32 and this is again to consult.

Use of records and documents

42. (1) refers a question under section 41 on files or documents, are right to call them and to present the respondent as well as the procedural law. Section 21 is take care. If these were submitted to the Committee of inquiry pursuant to articles 27, 31 or 39, the questioner the Chairman, the proceedings judge, she in time to bring the law of procedure and the other groups.

(2) a member of the investigation committee or the procedure law may require affiliated interrupted the meeting to the review and examination of the admissibility of the referral.

Grounds for refusal statement

43. (1) the statement may be refused by a respondent: 1 questions, whose answer privacy of the respondent or a family member (§ 72 StGB) relate to or for you or a family member, the danger of criminal persecution entail;

2. on questions whose answering for the respondent or a family member would entail an immediate major financial disadvantage

3. in relation to facts which she wouldn't, can testify without hurting a legally recognized duty of confidentiality unless you from the obligation to maintain secrecy was valid given birth or as public servant pursuant to § 35 to testify is obliged;

4. taking into account that what you in their capacity as defender or lawyer has become known;

5. about issues which, can not answer without revealing any art or business secret; the respondent

6. on the question of how the respondent her right to vote or voting rights has exercised if the exercise of which is legally declared secret;

7. on questions whose answering would jeopardize sources within the meaning of article 52a para. 2 B-VG.

(2) the statement may be refused even relatives referred to in cases specified under Nos. 1 and 2 with respect to which there if the marriage or registered partnership, which established the nationality, no longer exists.

Statement of denial at attendance as a notary public

§ 44. Construction and contents of legal transactions, in which the respondent as notary public is been involved, the statement because of a looming financial Nachteiles must not be refused.

The reasons for the refusal of statement Glaubhaftmachung

45. (1) a respondent who wants to deny the statement, has to specify the reasons of refusal at the meeting for their interrogation or in their written statement pursuant to § 31 and, if this requires a member of the investigation committee or the Chairman, to make credible.

(2) the Chairman shall decide after consulting with the procedural judge on the legality of the refusal. He comes to the conclusion that the denial of the statement is not justified, he can request the imposition of preventive punishment pursuant to § 55 continued refusal of the Federal Administrative Court. The request shall be justified.

Trusted third party

46. (1) can consult a confidant each respondent in their interrogation before the Committee of inquiry.

(2) the procedural judge has to instruct the confidant of the criminal consequences of a false statement of evidence of the respondent. This instruction should be noted in the official record.

(3) the task of the person of trust is advising the respondent. The trusted third party must make no statements before the Committee of inquiry or answer in place of the respondent. She may apply for breaches of procedure or intervention in the Basic or personality rights of the respondent immediately to the procedural judge or the procedural law.

(4) as a person of trust can be excluded, 1 who probably is loaded as a respondent in the proceedings before the Committee of inquiry, who could influence the respondent to take a free and complete statement 2., 3. who violates the provisions of paragraph 3.

In the case of exclusion, the respondent has the right to continue the questioning in the presence of someone else confidence. The Chairman determines the time of continuation of the survey.

(5) reimbursement to of the trusted third party in accordance with article 59, paragraph 2.

Proof by expert

§ 47. An expert is necessary for the admission of evidence as the Committee of inquiry may order it. This taken into consideration should be unless special circumstances necessitate otherwise, especially on the opinions of the required degree of publicly appointed experts.

Order to the experts

Section 48 (1) of the order to the expert has comply, who is publicly ordered to render opinions the required degree or who publicly performs the science, the art and the industry, knowledge of which is a prerequisite of the required assessment, as an acquisition or is publicly employed to their exercise or empowered.

(2) for the same reasons, which respondents to refuse the statement entitled, the removal may are coveted by the order as an expert. § 45 shall apply mutatis mutandis.

(3) a remuneration in accordance with § 61 to the expert for his work.

Inspection of files and documents by experts

paragraph 49. An expert can inspect required records and documents which are before the Committee of inquiry, in that for the performance of his duties. The Committee of inquiry, he can submit proposals for additional proof requirements in accordance with section 25 and the charge by respondents in accordance with § 28.

Inspection

§ 50. The Chairman may invite the members of the Committee as well as the proceedings judges and the procedure Attorney visits on the spot within the Federal territory in connection with the investigation.

Reporting

Section 51 (1) after the taking of evidence in accordance with section 22 of the Committee of inquiry reimbursed a written report to the National Council. The report has to contain a representation of the observed facts, where appropriate, an assessment of the evidence, and finally the results of the examination in addition to the course of the proceedings and the recorded evidence in any case. The report may contain recommendations.

(2) with the reporting and reporting, as well as with the release of the Committee report and the group pursuant to par. 3 No. 2 is on agreements pursuant to section 58, to ensure vulnerable confidentiality interests pursuant to § 21, as well as worthy of protection confidentiality interests in the use of personal data which prevail over the public interest.

(3) for reporting are the provisions of § § 42 and 44 GOG shall apply, that 1 of the Chairman on the basis of a draft of the procedural judge within two weeks after the conclusion of the evidence created a design for the written report, 2 each in the Committee represented group a special written report (Group) the Chairman can make within another two weeks, 3 persons , which could be hurt by the publication of the report of the Committee, group reports, or differing personal opinions in their rights, to communicate promptly and verifiably by the Justice of the process. You adopt a position within another two weeks to the respective versions. The main content of such opinion is to reflect in the report of the Committee or group reports and differing personal opinions. As far as the designs to a person in a public session of the Committee of inquiry were discussed, an understanding can be omitted.

(4) in the case of premature termination of the activity of the Committee of inquiry for resolution of the National Council before the end of the legislative period by decision pursuant to article 29 paragraph 2 B-VG applies paragraph 3 provided that 1.

the Chairman on the basis of a draft of the procedural judge created a design for the written report within one week after the conclusion of the evidence, are 2 to generate Group reports and differing personal opinions within another week.

Oral reporting

52. (1) the Committee of inquiry can not reimburse a written report within the time limits referred to in article 53, the Chairman at the meeting of the National Council following the deadline to submit an oral report on the activities of the Committee of inquiry. Article 51, paragraph 2 shall apply mutatis mutandis.

(2) the activities of the Committee of inquiry ends with the reporting referred to in paragraph 1. The relevant time is determined by the President at the meeting, recorded in the official log and published immediately.

Duration and termination

53. (1) the activities of a Committee of inquiry ends with the beginning of the treatment of the report referred to in article 51 in the next following the handover of the President meeting of the National Council. This has to be made no later than 14 months after establishment. The relevant time is determined by the President in this session, recorded in the official log and published immediately.

(2) a request to set up a Committee of inquiry in accordance with § 1 para 2 can contain a proposal on shortening the period referred to in paragraph 1. The Rules Committee decides. This decision should be noted in the report referred to in section 3.

(3) a proposal by the President, or an application for setting a deadline for reporting in accordance with § 43 GOG has to take into account the periods referred to in section 51 para 3.

(4) If a Committee of inquiry as a result of a request in accordance with section 1, paragraph 2 was used, a notice in accordance with section 43 is not permitted GOG. The Committee of inquiry may terminate prematurely the evidence referred to in section 22 only at the request of the minority of of establishment of in this case.

(5) the time limit referred to in paragraph 1 may be extended at the request of the minority of of establishment of at the latest three months. Such a desire is to convey to the President no later than 12 months after the establishment in writing.

(6) the National Council may decide to request of the minority of of establishment of at the latest three months a further extension. Such a request is to passed the President not later than 15 months after establishment in writing. Five members can request a debate. § 2 para 1 is to be applied mutatis mutandis. The vote takes place at the end of the session.

(7) in the case of dissolution of the National Council before the end of the legislative period by decision pursuant to article 29 paragraph 2 B-VG the Committee of inquiry has to stop the taking of evidence in accordance with section 22 with proclamation of the corresponding federal law and to report in accordance with the time limits in section 51, subsection 4. Otherwise, the coverage has until the day before the date of the next national election must be.

Order provisions

See section 54 (1) the call to the thing and the order for the provisions applicable to meetings of the National Council mutatis mutandis application.

(2) after obtaining a fine reputation, Chairman of the continued violation of the provisions of the order Act may impose a fine in the amount of 500 to 1,000 euros by disclosure of classified information in a session by a member of the Committee of inquiry. This determination has to be made at a meeting of the Committee. It is to establish and be recorded in the official record. Without notification to make writing undue delay, as well as the President, the Chairman has the affected Member of the investigation Committee.

(3) the Chairman may at the request of the Justice of the process or its own in repeated violation of the provisions of the order Act also set a fine referred to in paragraph 2 when the injury outside a meeting of the Committee of inquiry is done and a spread of classified information in a periodic or permanently accessible (website) medium or led to a publication in broadcasting has. The introduction of the application together with the grounds and setting have to be carried out following the publication of the investigation committee meeting.

(4) against the fixing of the fine money the affected Member of the Committee of inquiry can appeal a written justified the President until the end of the next session of the Committee of inquiry. The appeal has suspensive effect and is to be submitted to the Rules Committee with a copy of the written notification referred to in paragraph 2. The Rules Committee without undue delay decides on the appeal. The Rules Committee has to make communication a concerned Member of the investigation Committee and the President of his decision in writing without delay.

(5) the collection of order funds is the President. The administrative fines accruing to the Federal Government. A fine is of the Federal reference Act, Federal Law Gazette I no. 64/1997, as amended by Federal Law Gazette I no. 57/2014, bringing existing requirements of the affected Member of the Committee of inquiry will be deducted.

Injunction

55. (1) as preventive punishment comes because failure to comply with a charge as a respondent a financial penalty in the amount of 500 euro to 5 000 euros in case of recurrence in the amount of EUR 2 000 up to 10 000 euro to consider.

(2) as a preventive punishment because of unjustified refusal of the statement, a fine comes up to EUR 1 000 in consideration.

Jurisdiction and procedure of the Supreme Administrative Court

Section 56 (1) in the cases of § 36 para 1 and 4 and 45 para 2 decides the Federal Senate.

(2) in the cases of § 36 para 1 and 45 para 2 has to decide the Federal Administrative Court within 14 days.

(3) any decision referred to in paragraph 1 shall contain an instruction on the possibility of making a complaint to the Constitutional Court and ordinary or extraordinary revision at the administrative court. The Federal Administrative Court has also to point out: 1 that in proposing such a time limits to continuing appeal or revision;

2. on the legal requirements of the introduction of such appeal or revision by an authorized lawyer.

3. on which for such an appeal or revision to payable entry fees.

(4) for the design of preventive punishment pursuant to § 55 the Federal Administrative Court article 19 has administrative penal code 1991, BGBl. No. 52, apply by analogy to.

Parliamentary Arbitration Board

The members of the Ombudsman make 57. (1) the parliamentary Board of arbitration.

(2) the Chairman shall immediately notify the parliamentary Board of arbitration in the case of a request referred to in article 41, paragraph 5 and to deliver you the log of the survey.

(3) for a decision of the parliamentary Board of arbitration, unanimity is required. An abstention is not permitted. The decision shall be published by the President. Section 20 para 4 shall apply mutatis mutandis.

Consideration on the activity of law enforcement agencies

58. (1) the Chairman transmitted the Federal Minister of Justice fundamental evidence decision according to § 24, supplementary proof requirements referred to in article 25, as well as loads of respondents.

(2) is the Federal Minister of Justice of believes that requirements of files and documents, requests for evidence and the charge of respondents touch the activity of law enforcement agencies in certain pre-trial procedures, he may require the launching of the consultation procedure to the Chairman. The Chairman shall without delay initiate the consultation process.

(3) the consultation process conducted by the Chairman with the support of the procedural judge. The groups are to participate in the consultation process. Make sure each designating a member.

(4) the Chairman and the Federal Minister for Justice may agree in writing within the framework of the consultation procedure, that in determining the work plan, the template files and documents, as well as results of surveys, respondents and in publications of the Committee of inquiry on the activities of law enforcement agencies in certain pre-trial procedures through appropriate measures taken into consideration is the survey. In the interests of law enforcement against the interests of parliamentary control are to be weighed.

(5) differences of opinion about the necessity or the interpretation of such an agreement, arise between the Committee of inquiry and the Federal Minister of justice the Committee may request the Minister of Justice, to take a position within a period of two weeks.

(6) the Constitutional Court decides whether 6 B-VG pursuant to Article 138b, paragraph 1 Z the requirement or the interpretation of such an agreement, if the investigation committee or the Federal Minister of Justice gets him after the expiry of the period referred to in paragraph 5.

Reimbursement of costs for respondents and persons of trust


Section 59 (1) a respondent who has to travel for the purpose of the survey of their residence or place of employment at the headquarters of the National Council, to a reimbursement of the necessary costs. The Directorate of the Parliament has to replace them with proof of such costs after approval by the President. The travel fees applicable to civil servants are to apply by analogy. Against adequate evidence, also of lost earnings to replace is the respondent.

(2) a trusted adult that accompanies a respondent pursuant to § 46, and must travel for this purpose by their residence or place of employment at the headquarters of the National Council, is due to the a reimbursement of costs. The Directorate of the Parliament has to replace them with proof of such costs after approval by the President. The travel fees applicable to civil servants are to apply by analogy.

(3) where a respondent from a trusted adult accompany permits, she may request the reimbursement of the costs resulting from the consultation. The application shall contain a statement of the income and assets, as well as information on the need for financial support and is no later than the beginning of the survey. A cost directory is to furnish without delay after the end of the survey.

(4) the Chairman shall on the request in accordance with paragraph 3 after submission of the required documents and following consultation with the Justice of the process without undue delay. The reasonable cost for the consultation, taking into account the financial circumstances of the respondent the respondent be replaced, but no more than that amount, the procedure law in accordance with article 60, paragraph 1 for the duration of the survey this respondent receives.

Reimbursement of costs for proceedings judge, procedural law and investigation officers

60. (1) justice of the procedure and the procedural law, their deputies and the discovery Commissioner deserves as compensation for the performance of their duties for each started hour one-tenth of the compensation of a replacement member of the Constitutional Court for a meeting day (§ 4 para 3 VfGG). The travel fees regulations for federal employees for the compensation of travel expenses shall apply mutatis mutandis. The President is responsible for the assessment of compensation.

(2) the President has justice of the procedure and the procedural law to provide their deputies, as well as the investigation officer to deal with their administrative activities necessary material and human resources available. The staff provided is for activities in behalf of the proceedings judge advocate process or their deputies as well as bound Ombudsman investigation exclusively on its instructions.

Reimbursement of costs for experts

61. (1) experts that were charged to the oral statement before the Committee of inquiry and need to travel for this purpose by their residence or place of employment at the headquarters of the National Council, to a reimbursement of the necessary costs. The Directorate of the Parliament has to replace them with proof of such costs after approval by the President. The travel fees applicable to civil servants are to apply by analogy.

(2) compensation is due to experts for the preparation of written opinions. Moreover the President shall decide".

48. the existing annex 2 concerning provisions for dealing with and the distribution of templates, documents, reports, information, and communications projects in the framework of the European Union (distribution regulations-EU-VO-EU) is eliminated.

49. the annex 3 concerning provisions for informing and dealing with templates, documents, reports, information and communications in the context of the European stability mechanism (ESM-information rules) is to the Appendix 2.

Fischer

Faymann