Amendment Of The Rules Of Procedure Act 1975

Original Language Title: Änderung des Geschäftsordnungsgesetzes 1975

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114. 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. 12/2010, is amended as follows:

1. paragraph 8 para 3:

"(3) the respect of the House rules (§ 14 para 1), the application of the Shapley'schen procedure (§ 32 para 2) as well as the decrees of the President with regard to the list of MPs (§ 14 paragraph 7), the number of the request in accordance with section 28 (b) paragraph 4 and article 31 c paragraph 13, the regulations in accordance with section 7 paragraph 2 of Appendix 2 to this federal law" provisions for dealing with and distribution of templates "" "", Documents, reports, information, and communications projects in the framework of the European Union ", the restriction on speaking time (§ 57 par. 2 Nos. 2 and 3), the speech Regulation (§ 60 paragraph 8), the timing of the debate according to § 81 para 2, the inapplicability of the question time (§ 94 paragraph 4) and the definition of the process of an inquiry pursuant to section 98 b require anyway, the previous advice in the Presidential Conference."

2. in article 21, paragraph 1, the following expression is inserted after the phrase "Templates of the Federal Government":

"Templates about initiatives and decisions of the European Council and the Council in accordance with article 23i para. 1, 3 and 4 B-VG, as well as article 23j par. 1 B-VG;"

3. in article 21, paragraph 1, the phrase is "Reports and requests of the main Committee, in accordance with section 31d para 5;" by the phrase "Reports and requests of the main Committee, in accordance with section 31d, para. 5, and whose Permanent Subcommittee on matters of the European Union pursuant to § 31e para 1;" replaced and following expressions are inserted:

"Proposals by MEPs on bringing an action pursuant to section 26a of the Court of Justice of the European Union;

"Tabled by MEPs to reject an initiative or a proposal pursuant to article 23i para. 2 B-VG in accordance with § 26b;"

4. in article 23, paragraph 1, the word order is after the phrase "Templates of the Federal Government", "templates about initiatives and decisions of the European Council and the Council in accordance with article 23i para. 1, 3 and 4 B-VG, as well as article 23j par. 1 B-VG," added.

5. in article 23, para. 3, the quotes "Article 23 c, 23e and 23f" quotes "Article 23 c, 23e, 23f par. 1 and 3, 23 g para 1 and 2, 23 h, 23i and 23j" are replaced.

6 in section 25 is to the phrase "the same applies for" the phrase "templates about initiatives and decisions of the European Council and the Council in accordance with article 23i para. 1, 3 and 4 B-VG, as well as article 23j para 1 B-VG and for" inserted.

7. after article 26, following sections 26a and 26B shall be inserted:

'Article 26a. (1) every Member can bring an independent application for bringing an action against a legislative act within the framework of the European Union the Court of Justice of the European Union for a breach of the principle of subsidiarity within the time limit laid down in accordance with article 8 of the Protocol on the application of the principles of subsidiarity and proportionality in the meetings of the National Council.

(2) the request must be accompanied by the formula: "The National Council would decide" and shall contain the text of the decision by the National Council of the writ. It has to comply with the requirements of the applicable statutes and rules of procedure of the Court of Justice of the European Union. The application has information regarding to contain the deadline. The Act, whose annulment is sought is to settle. The application is the President in writing, with the handwritten signature of the applicant or the applicant, to pass. The property as a subject must be clearly indicated in the application. At least four copies of each application are to settle.

(3) the provisions of § 26 para 4 to 6 and 11 shall apply mutatis mutandis.

(4) the President assigns requests for bringing an action pursuant to subsection 1 immediately upon the receipt of the main Committee. The main Committee has such requests without delay in negotiating to take.

(5) the decision on the bringing of an action referred to in paragraph 1 is to deliver without delay to the Federal Chancellor's Office and to forward to the President of the Federal Council.

section 26 b. (1) every Member shall be entitled to introduce an independent application to reject an initiative or a proposal pursuant to article 23i para. 2 B-VG in the meetings of the National Council.

(2) the provisions of § 26 para 2 and 4 to 6 and 11 shall apply mutatis mutandis.

(3) the President assigns applications to reject an initiative or a proposal referred to in paragraph 1 immediately after the receipt of the competent Committee. Competent Committee such requests immediately in negotiations to take."

8 paragraph 28 b para 1 and 2:

"(1) reports of the Federal Government and their members as well as reports of Federal Ministers in EU Affairs in accordance with article 23f para. 2 B-VG from the President assigned to a Committee for final registration. Reports of Federal Ministers in EU Affairs in accordance with article 23f para. 2 B-VG are in negotiations for two months.

(2) in 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 para. 2 B-VG is the public in accordance with the spatial possibilities in favor of media representatives, access granted. Sound and image recordings are allowed."

9 paragraph 29 paragraph 2:

"In particular the following matters are the responsibility of (2) the main Committee:"



a) manufacture of the agreement with the Federal Government within the framework of Austrian participation in the appointment of members of the European Commission, the Court of Justice of the European Union, the Court of Auditors and the Board of Directors of the European Investment Bank in accordance with article 23 c sec. 2 B-VG;

b) opinion on projects in the framework of the European Union in accordance with articles 23e and 23j B-VG;

(c) notices to the institutions of the European Union in accordance with article 23f B-VG;

d) founded opinion on a draft of legislative act within the framework of the European Union in accordance with article 23 g B-VG;

(e) preliminary discussion of a request for bringing an action pursuant to Article 26a;

(f) preliminary discussion on an application for holding a referendum in accordance with article 49 b B-VG;

(g) production of the relation with the Federal Government or a Federal Minister on certain regulations, for which this is set in accordance with article 55 B-VG by federal law;

h) receipt of reports by the Federal Government or a Federal Minister, as far as this is provided for by federal law in accordance with article 55 B-VG;

(i) return a proposal for the election of the President of the Court of Auditors in accordance with article 122 paragraph 4 B-VG;

(j) reporting a total proposal for the election of the members of the Ombudsman in accordance with article 148 g para. 2 B-VG;

"(k) reporting a total proposal for the election of the members of the parliamentary military Commission pursuant to § 4 paragraph 9 military act of 2001."

10. in section 31a is the quote "§ 29 par. 2 lit. a and d"by the quote"§ 29 par. 2 lit. a and g"replaced.

11 paragraph 31B:

"article 31 b. (1) proposals in accordance with article 23c par. 2 B-VG are to be distributed to the members of the main Committee." Decisions of the Policy Committee in accordance with article 23 c sec. 2 B-VG and notifications in accordance with article 23 c paragraph 5 B-VG are to be distributed to the members of the National Council.

(2) the information on projects in the framework of the European Union article is done in accordance with the provisions of 23e to 23j B-VG, as well as the provisions of the EU information act as amended by Federal Law Gazette I no. 113/2011, unless this Act provides otherwise.

"(3) for dealing with and the distribution of templates, documents, reports, information, and communications projects in the framework of the European Union shall apply" provisions for dealing with and the distribution of templates, documents, reports, information, and communications projects in the framework of the European Union ", form part of annex 2 to this Act."

12 section 31c deleted paragraphs 1 and 2; the previous paragraph 3 to 9 get the sales names "(5) to (11)". The new par. 1 to 4 are:

"(1) project of the European Union in accordance with article 23e and 23j B-VG (§ 29 par. 2 lit. (b)), the competent Federal Ministers to inform the National Council have, B-VG, if an opinion after this provision was made reports of the competent Federal Minister in accordance with article 23e paragraph 3, as well as by institutions of the European Union directly derived documents to projects in the framework of the European Union subject to the negotiation of the Central Committee are all national parliaments.

(2) the Chairman shall within a meeting a meeting of the main Committee in European Union Affairs be convened, that the main Committee within two weeks may meet as required of the competent Federal Minister or 20 members of the National Council, where every Member can support such a request only once per year.

(3) except for section 34 paragraph 4 is a project of the European Union in accordance with article 23e and 23j B-VG or a report referred to in article 23e to put paragraph 3 B-VG on the agenda of a main Committee, if this



1 the competent Federal Minister demands or 20 members of the National Council require 2 or 3.

a member of the Central Committee until will be required no later than 48 hours prior to a meeting and the projects expected to be decided at the next meeting of the Council of the European Union, whereby members of the same club can provide just such a request.

(4) if the deadline still not elapsed in article 6 of the Protocol on the application of the principles of subsidiarity and proportionality, a draft of a legislative act within the framework of the European Union in accordance with article is to put 23 g para 1 B-VG, if it requires a member of the Central Committee until at the latest 48 hours before a meeting on the agenda. Paragraph 12 shall not apply to such a request.

13 section 31c be added following paragraph 12 to 14:

"(12) as soon as it is clear that a project in accordance with section 31 c para 1 in a meeting of the main Committee in matters of the European Union or of the Permanent Subcommittee of the main Committee in matters of the European Union pursuant to § 31e para 1 as agenda item should be treated, the President of the competent Federal Minister requests I no. 113/2011 a written information in accordance with the provisions of the EU information act as amended by Federal Law Gazette.

(13) if required by a club, which is represented in the main Committee, the President of the competent Federal Minister requests a written information to a European document in accordance with the provisions of the EU information act as amended by Federal Law Gazette No. 113/2011 I The President has how many request from a club can be inserted, after consultation in the Presidential Conference, with one year at least three such request to each club. In addition, each club can a written information about an upcoming decision in matters referred to in section 5 Z 1 to 5 EU-information act as amended by Federal Law Gazette I no. 113/2011 with the restriction require that only such a desire can be brought to any upcoming decision.

"(14) the main Committee may by the President of the competent Federal Minister a statement in accordance with article 23 g para. 2 B-VG request on the compatibility of draft of legislative act in the framework of the European Union with the principle of subsidiarity."

14 paragraph 31d:

"(1) the main Committee may



1. for projects in the framework of the European Union also repeatedly opinions pursuant to article 23e paragraph 1 B-VG emit and notices to the institutions of the European Union in accordance with article 23f para 4 B-VG decide and 23 g para 1 B-VG submit a reasoned opinion in accordance with article;

2. a proposed derogation by the competent Federal Minister in accordance with article 23e paragraph 3 B-VG contradict, if the upcoming Act would require the issuing of federal constitutional provisions or contains rules that only through such provisions be made;

3. reports of the competent Federal Minister in accordance with article 23e paragraph 3 B-VG about the deviation from an opinion of the National Council take note or who refuse to notice.

(2) before entering the debate on a project in the framework of the European Union the Chairman may grant this seconded members of the Department the competent Federal Minister or a Word to an introductory report on the project and the attitude of the competent Federal Minister spoke out.

(3) after the opening of the debate, each Member of the Steering Committee can bring in writing following requests for decisions in the sense of paragraph 1:



1 requests for opinions pursuant to article 23e B-VG have versions Additionally to include whether the project on the issue of a binding legal instrument is directed on the enactment of federal laws relating to regulated in the Act would be or would require the issuing of federal constitutional law contains provisions that could be taken only by such provisions.

2. applications for the decision of a notice referred to in article 23f para 4 B-VG have to refer to the project in accordance with section 31 c paragraph 1, to which the communication refers, and the addressees and other recipients.

3. Requests for reasoned opinion in accordance with article 23 g para 1 B-VG have to contain remarks about why the draft with the principle of subsidiarity is compatible.

(4) the President of the National Council



1. opinions and other decisions of the Policy Committee in matters of the European Union without delay to all members of the Federal Government to submit, 2. notifications pursuant to article 23f para 4 B-VG without delay to the relevant addressees and other recipients to submit 3. justified opinions pursuant to article 23 g to transmit paragraph 1 B-VG without delay to the President of the European Parliament, the Council and the Commission.

Unless the Committee decides otherwise, opinions and decisions are in addition to the President of the Federal Council to distribute to all members of the National Council, as well as the Austrian members of the European Parliament.

(5) the Committee may decide that a project or a report on the Affairs of the European Union by the National Council will be negotiated. In this case, the main Committee has to report to a, which in accordance with paragraph 1 and claims referred to in article 27, paragraph 1 and 3 can contain applications. The report and the proposals contained therein are subject to the negotiations of the National Council.

(6) the main Committee may decide how a renewed referral of the main Committee by the competent Federal Minister, who wants to deviate from an opinion of the National Council in accordance with article 23e paragraph 3 B-VG, has to be done. The main Committee may decide for this connection in European Union Affairs or the consultation of the Committee pursuant to § 31e 3. also the referral of the Permanent Subcommittee"

15 § 31e is as follows:

(1) the main Committee can transfer the Permanent Subcommittee in European Union Affairs duties and powers in matters of the European Union in accordance with article 23e and 23f, 23 g-23j B-VG. The main Committee may decide in individual cases, again to pull transferred duties and powers.

(2) within the framework of the tasks, the rules applicable to the main Committee apply to the Permanent Subcommittee in European Union Affairs.

(3) If no further referral to the National Council in accordance with article 23e paragraph 3 B-VG is required, tasks of the main Committee and of the Standing Subcommittee on matters of the European Union by a Committee can be perceived, the Chairman (or a representative) of the Standing Committee as Chairman and a member of names taken from each club belongs to. Decisions can not be taken. After the consultations the Chairman tells the opinions of the members of the Committee the President of the National Council who transmitted it to the Austrian representative in the European Council and the Council."

16. after section 31e 31f the following section shall be inserted:

"section 31f. (1) five deputies within a meeting short written questions to a member of the Federal Government, can set to demand information about what templates, documents, reports, information and messages to a particular project within the framework of the European Union within its area of effect within a specific period, but no more than in the last three months, have arrived."

(2) a request referred to in paragraph 1 is in writing with at least four copies to pass the President. It must be used with signatures of at least five members who included, provided interrogators by hand with the and contain details of the projects to which it relates. The request is communicated to the respondent by the parliamentary staff.

(3) every Member can support only such a request within three months.

(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. At least four copies are each responding to settle. Templates, documents, reports, information, and communications to a project within the framework of the European Union, that EU information law I no. 113/2011 already available the National Council in accordance with article 2, paragraph 1, 2 or 3 as amended by Federal Law Gazette, must not be led by the respondents in answering.

(5) the distribution of the response in accordance with article 31 b.

(6) a request referred to in paragraph 1 can be set outside a meeting at a member of the Federal Government. In this case the respondent within 20 working days has to transfer of the request to the President of the National Council to respond."

16A. in article 33, paragraph 3 the number "1" is inserted after the expression "Plant".

16B. The annex to the rules of Procedure Law 1975 "The rules of procedure for parliamentary committees of inquiry (VO-UA)" receives the name "Appendix 1 to the GOG".

17 the following paragraph 6 is added to § 34:

"(6) para 5 shall apply mutatis mutandis for the"debate on topical issues concerning the European Union relating to the work area of the Committee."


18. in article 75, paragraph 3, the phrase is after the word 'Templates' ", as well as proposals to reject an initiative or a proposal under section 26 b" inserted.

19. in article 76, paragraph 1 is for the phrase "legislative proposals containing" the phrase "and templates about initiatives and decisions of the European Council and the Council in accordance with article 23i para. 1, 3 and 4 B-VG, as well as article 23j par. 1 B-VG" inserted.

20 § 82 par. 2 Z 1a is:



"1a. the approval of the financial statements of government contracts in accordance with article 50 paragraph 1 Z 2 B-VG, which changes the contractual basis of the European Union, the empowerment of the Austrian member of the European Council for approval to an initiative in accordance with article 23i par. 1 B-VG, as well as the approval of decisions of the Council, B-VG are introduced by the new categories of own resources of the European Union in accordance with article 23i para 3" ", other decisions of the European Council or the Council in accordance with article 23i para 4 B-VG and of decisions of the European Council on a common defence in accordance with article 23j par. 1 B-VG can only in the presence of at least half of the members of Parliament and be decided by a majority of two-thirds of the votes."

21. after section 98a, the following paragraph is inserted 98 b:

"(1) which can main Board. at the request of one of its members holding a symposium of the National Council on matters of the European Union decide article 98. Such a study should serve in particular the debate with representatives of the EU institutions.

(2) all members of the National Council shall be entitled to participate in such a study. The main Committee may decide to call in the Federal councils and the Austrian MEPs to the European Parliament for the negotiations. The inquiry is public, unless the Committee decided otherwise.

(3) ABS. 1, 3 and 4 apply accordingly § 98 para 1 to 3 and section 98a.

(4) the main Committee can transfer setting expires of the inquiry surrounding the President of the National Council. A consultation in the Presidential Conference has to go ahead. such a definition"

22. in paragraph 107, the quote "28 b of paragraph 1," is after the quote "26 paragraph 7", added.

23 § 109 following paragraphs 4 and 5 are added:

"(4) section 31f occurs at the end of the in accordance with article 12, paragraph 1 EU information act as amended by Federal Law Gazette I no. 113/2011 of to making known unto day in force." As regards documents pursuant to article 12 paragraph 2 EU-information act as amended by Federal Law Gazette I no. 113/2011 does section 31f only with the end of the day to making known EU law information pursuant to § 12 para 2 in the Federal Law Gazette application.

(5) § 8 para 3, § 21 para 1, § 23 para 1 and 3, § 25, § 26a, § 26b, § 28B para 1 and 2, § 29 para 2, § 31a, § 31b, section 31c, § 31d, § 31e, article 33, para. 3, § 34 paragraph 6, article 75, para. 3, § 76 para 1, § 82 para. 2 Z 1a, § 98b, § 107 and the Appendix 2 to the rules of Procedure Act 1975: "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) ", each as amended by Federal Law Gazette I no. 114/2011 1 January 2012 into force."

24. the rules of Procedure Act is following 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 (EU - VO-EU distribution order) added:

 







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)

 

1 templates, documents, reports, information and communications projects in the framework of the European Union are section in the National Council electronically available, unless determined otherwise § 3.

§ 2. The members of the National Council of the clubs of their persons and officials of the parliamentary staff have access to templates, documents, reports, information, and communications projects in the framework of the European Union in accordance with § 3 Z 1-3, that I collected no. 113/2011 EU law on information in the database referred to in article 2, paragraph 1 and 2 as amended by Federal Law Gazette are.

§ 3. The Council noted the security classification of the institutions of the European Union on a special confidentiality of templates, documents, reports, information, and communications projects in the framework of the European Union. The following provisions apply to the acquisition and distribution of templates, documents, reports, information, and communications projects in the framework of the European Union and the consultation of these:



1. templates, documents, reports, information and communications projects in the framework of the European Union gathered in the EU database and are publicly accessible, unless otherwise specified on the basis of the Z 2 to 6 and section 5. The acquisition of these documents in the EU database is considered distribution within the meaning of the rules of procedure.

2. templates, documents, reports, information and communications projects in the framework of the European Union, which are suitable and not covered by the Z 3 to 6, not for publication in the EU database and are known by the Club for the members of the National Council, people who are employed and working on their behalf, to support their parliamentary functions made people and competent officials of the parliamentary staff available. The acquisition of these documents in the EU database is considered distribution within the meaning of the rules of procedure.

3. templates, documents, reports, information and communications projects in the framework of the European Union, the as "Restreint UE/EU restricted" classified are collected in the EU database and for the members of the National Council, accessible from the clubs of their persons and competent officials of the parliamentary staff. Is used a project within the framework of the European Union on the agenda of the main Committee, are they related to distribute having documents in the sense of this provision to members of the main Committee.

4. templates, documents, reports, information and communications projects in the framework of the European Union, the as "Confidentiel UE/EU confidential" are classified, are transmitted to the members of the Presidential Conference and two people designated made by the clubs, for the naming of a representation is allowed. Furthermore, such documents for the members of the National Council for the consultation of the parliamentary staff are available. Is used a project within the framework of the European Union on the agenda of the main Committee, are they related to distribute having documents in the sense of this provision to members of the main Committee.

5. templates, documents, reports, information and communications projects in the framework of the European Union, the as "secret UE/EU secret" are classified, will be transmitted to the members of the General Conference. Moreover, such documents for two persons designated made by the club or their representation in accordance with no. 4 to the understanding of the parliamentary staff are available. Is used a project within the framework of the European Union on the agenda of the main Committee, are they related to distribute having documents in the meaning of that provision for the duration of the session to the members of the main Committee.

6 templates, documents, reports, information and communications projects in the framework of the European Union, the as "très secret UE/EU top secret" are classified, will be transmitted to the members of the General Conference. Is used a project within the framework of the European Union on the agenda of the main Committee, are they related to distribute having documents in the meaning of that provision for the duration of the session to the members of the main Committee.

§ 4 (1) if at a meeting of the main Committee, templates, documents, reports, information and communications projects in the framework of the European Union are treated, the as "secret UE/EU secret" or "très secret UE/EU top secret" are classified, to swear in members of the main Committee by the President of the National Council on maintaining the confidentiality present.

(2) the main Committee decides the participation by persons who are not the main Committee as members, or whose participating is not apparent from article 75 B-VG, in the treatment of templates, documents, reports, information, and communications of the European Union referred to in paragraph 1 by decision. Persons participating in the meeting on the basis of such a decision are to swear by the President on the preservation of confidentiality.

(3) that are 4 persons designated by the clubs, Z in accordance with § 3 to teach about maintaining the confidentiality of the President of the National Council.

§ 5. To deal with and the distribution of documents to projects in the framework of the European Union, created by Austrian institutions, same provisions as for dealing with and the distribution of those templates, documents, reports, information, and communications projects in the framework of the European Union, to which they relate.


§ 6 templates, documents, reports, information and communications projects in the framework of the European Union, which in accordance with § 3 No. 2 to 6 and section 5 are not publicly available, to Z 1 available provided the public pursuant to article 3, if the circumstances which are standing against a publication of these documents, have disappeared.

Rules § 7 (1) who can the President of the National Council of the technical requirements to be observed in the delivery and distribution of templates, documents, reports, information, and communications projects in the framework of the European Union, as well as their labelling to preserve the confidentiality.

(2) the President of the National Council in each case after consultation in the Presidential Conference of § 3 rules differing Z 2 to 6 in terms of the Arcade can and the distribution of templates, documents, reports, information, and communications projects in the framework of the European Union.

§ 8. Provision of information about the public access to templates, documents, reports, information, and communications projects in the framework of the European Union is the responsibility of the parliamentary staff.

Fischer

Faymann