Amendment Of The Rules Of Procedure Act 1975

Original Language Title: Änderung des Geschäftsordnungsgesetzes 1975

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

The National Council has decided:

The Federal Act on the Rules of Procedure of the National Council (Rules of Procedure 1975), BGBl. No. 410/1975, as last amended by the Federal Act BGBl. I n ° 12/2010, shall be amended as follows:

1. § 8 (3) reads:

" (3) The release of the house order (§ 14 para. 1), the application of the Shapley proceedings (§ 32 para. 2) as well as the orders of the President with regard to the list of deputies (§ 14 para. 7), the number of requests pursuant to § 28b para. 4 and § 31c Section 13, the regulations pursuant to Section 7 (2) of Appendix 2 to this Federal Act "Provisions for the handling and distribution of templates, documents, reports, information and communications on projects within the framework of the European Union", the Limitation of redeeming time (Section 57 (2) (2) and (3)), of the Redeordnung (Section 60 (8)), of the time of debate According to § 81 (2), the descent of Question Time (Section 94 (4)) and the determination of the expiry of a site pursuant to § 98b, the prior consultation in the Presidential Conference shall in any case require prior consultation. "

2. In § 21 (1), after the word order "Templates of the Federal Government" the following expression is inserted:

"Templates relating to initiatives and decisions of the European Council and of the Council pursuant to Article 23i (1), (3) and (4) B-VG, and Article 23j (1) B-VG;"

3. In Section 21 (1), the phrase "Reports and requests of the Main Committee pursuant to Section 31d (5);" through the phrase "Reports and requests from the Main Committee pursuant to Section 31d (5) and from its Standing Subcommittee on European Union Affairs pursuant to Article 31e (1) of the Treaty;" replaced and the following expressions are inserted:

" Members ' requests to bring an action under Article 26a of the Court of Justice of the European Union;

Requests by Members to reject an initiative or a proposal in accordance with Article 23i (2) B-VG pursuant to Article 26b; "

4. In § 23 (1), after the word order "Templates of the Federal Government," the phrase "Templates relating to initiatives and decisions of the European Council and of the Council pursuant to Article 23i (1), (3) and (4) B-VG, and Article 23j (1) B-VG," inserted.

5. In § 23 (3) the quotations are " Art. 23c, 23e and 23f " through the quotations " Art. 23c, 23e, 23f para. 1 and 3, 23g para. 1 and 2, 23h, 23i and 23j " replaced.

6. In § 25, after the word order "The same applies to" the phrase "Templates relating to initiatives and decisions of the European Council and of the Council pursuant to Article 23i (1), (3) and (4) B-VG, and Article 23j (1) B-VG and for" inserted.

7. In accordance with § 26 the following § § 26a and 26b are inserted:

" § 26a. 1. Any Member may, within the time limit laid down in Article 8 of the Protocol on the application of the principles of subsidiarity and proportionality, request an independent claim to be brought before the National Council. contribute to the Court of Justice of the European Union against a legislative act in the framework of the European Union for infringement of the principle of subsidiarity.

(2) The application must be accompanied by the following formula: "The National Council shall decide" and shall contain the text of the decision to be taken by the National Council in the application of the application. It shall comply with the conditions laid down in the Statute in force and in the Rules of Procedure of the Court of Justice of the European Union. The application shall contain information relating to the period of detention. The act whose declaration of invalidity is requested shall be annexed. The application shall be submitted to the President in writing, accompanied by the personal signature of the applicant or the applicant. The property as applicant must be clearly visible from the application. At least four copies must be attached to each application.

(3) The provisions of Section 26 (4) to (6) and (11) shall apply in accordance with the relevant provisions.

(4) Applications for the collection of an action pursuant to paragraph 1 shall be submitted by the President to the Main Committee immediately after the request has been submitted. The Main Committee shall immediately take such requests into negotiation.

(5) The decision on the collection of an action pursuant to paragraph 1 shall be sent immediately to the Federal Chancellery and forwarded to the President of the Federal Council.

§ 26b. (1) Each Member is entitled to submit an independent claim in the meetings of the National Council for the rejection of an initiative or of a proposal under Article 23i (2) B-VG.

(2) The provisions of Section 26 (2) and (4) to (6) and (11) shall apply in accordance with the relevant provisions.

Requests for the rejection of an initiative or a proposal pursuant to paragraph 1 shall be submitted by the President to the committee responsible immediately after the request has been submitted. The committee responsible shall take such requests into negotiation without delay. "

8. § 28b (1) and (2) reads:

" (1) Reports of the Federal Government and its members, as well as reports of the Federal Ministers in EU affairs pursuant to Art. 23f (2) B-VG, shall be assigned by the President to a committee for the final discharge. Reports of the Federal Ministers in EU affairs pursuant to Art. 23f (2) B-VG shall be taken within two months.

(2) During the debate and vote on the reports of the Federal Government and its members, as well as on reports by the Federal Ministers in EU affairs pursuant to Art. 23f (2) B-VG, the public shall be informed in accordance with the territorial possibilities, under Preference for media representatives, access granted. Sound and image recordings are permitted. "

9. § 29 (2) reads:

' (2) The main committee shall, in particular, be:

a)

Preparation of the agreement with the Federal Government within the framework of Austria's participation in the appointment of members of the European Commission, the Court of Justice of the European Union, the Court of Auditors and the Administrative Board of the European Investment Bank pursuant to Art. 23c (2) B-VG;

b)

Opinion on projects within the framework of the European Union pursuant to Art. 23e and Article 23j B-VG;

c)

Communications to the institutions of the European Union pursuant to Art. 23f B-VG;

d)

Reasoned opinion on a draft legislative act within the framework of the European Union, in accordance with Art. 23g B-VG;

e)

Pre-consultation of an application for the collection of a complaint pursuant to § 26a;

f)

Preliminary advice on a request for holding a referendum in accordance with Art. 49b B-VG;

g)

production of the agreement with the federal government or a federal minister for certain regulations, for which this is determined by federal law in accordance with Art. 55 B-VG;

h)

Receipt of reports from the Federal Government or a Federal Minister, insofar as this is provided for by the Federal Act pursuant to Art. 55 B-VG;

i)

Reimbursement of a proposal for the election of the President of the Court of Auditors pursuant to Art. 122 (4) (B)-VG;

j)

Reimbursement of an overall proposal for the election of members of the public prosecutor's office in accordance with Art. 148g (2) B-VG;

k)

Reimbursement of an overall proposal for the election of the members of the Parliamentary Federal Commission pursuant to § 4 (9) of the German Defense Act 2001. "

10. In § 31a, the quote " § 29 para. 2 lit. a and d " by quoting " § 29 para. 2 lit. a and g " replaced.

11. § 31b reads:

" § 31b. (1) Proposals pursuant to Art. 23c (2) B-VG shall be distributed to the members of the Main Committee. Decisions of the Main Committee pursuant to Art. 23c (2) B-VG and notifications pursuant to Article 23c (5) B-VG shall be distributed to the members of the National Council.

(2) Information on projects within the framework of the European Union shall be provided in accordance with the provisions of Articles 23e to 23j B-VG and the provisions of the EU Information Law, as amended by the BGBl version. I No 113/2011, unless this federal law determines otherwise.

(3) In the context of the handling and distribution of templates, documents, reports, information and communications on projects within the European Union, the ' provisions on the handling and distribution of templates, documents, reports, Information and communications on projects within the framework of the European Union 'which, as Annex 2 to this Federal Law, form part of it.'

12. § 31c (1) and (2) deleted; the previous paragraphs 3 to 9 receive the sales descriptions "(5) to (11)" . The new paragraphs 1 to 4 are:

" (1) Projects of the European Union in accordance with Art. 23e and 23j B-VG (§ 29 para. 2 lit. (b) on which the competent Federal Ministers have to inform the National Council, reports of the competent Federal Minister pursuant to Art. 23e (3) B-VG, if an opinion has been delivered under this provision, and all of the institutions of the European Union documents directly forwarded to national Parliaments on projects within the European Union are the subject of the negotiation of the main committee.

(2) The Chairman shall convene a meeting of the Main Committee in European Union affairs within a part-session in such a way as to enable the Main Committee to meet within two weeks if that is the case for the competent Federal Minister or 20 Members of the National Council require, and each Member may support such a request only once a year.

(3) Apart from Article 34 (4), a project of the European Union pursuant to Art. 23e and 23j B-VG, or to put a report on the agenda of a main committee pursuant to Article 23e (3) B-VG if that

1.

the competent Federal Minister, or

2.

20 members of the National Council require or

3.

a member of the main committee is required to meet up to a maximum of 48 hours before a meeting, and the project is expected to be decided at the next meeting of the Council of the European Union, with members of the same club only one such Ask for a request.

(4) Provided that the time limit laid down in Article 6 of the Protocol on the application of the principles of subsidiarity and proportionality has not yet elapsed, a draft legislative act within the framework of the European Union shall be adopted in accordance with Art. 23g 1 B-VG shall be included on the agenda if requested by a member of the main committee up to a maximum of 48 hours before a meeting. Paragraph 12 shall not apply to such a request.

13. § 31c are added to the following para. 12 to 14:

" (12) As soon as it is established that a project is in accordance with Article 31c (1) at a meeting of the main committee in European Union affairs, or of the Standing Subcommittee of the Main Committee on matters relating to the European Union, pursuant to Article 31e (1), shall be treated as a agenda item, the President shall request written information from the competent Federal Minister in accordance with the Provisions of the EU Information Act in the version BGBl. I No 113/2011.

(13) If a club represented in the main committee so requires, the President shall request written information from the competent Federal Minister on a European document in accordance with the provisions of the EU Information Act, as amended BGBl. I No 113/2011. Just how many requests can be made by a club, the President has, after deliberation, at the Presidential Conference, with at least three such demands being made available to each club in one year. In addition, each club can provide written information about an upcoming decision in matters pursuant to § 5 Z 1 to 5 EU Information Act, as amended by BGBl. I n ° 113/2011, with the restriction that only such a request can be made at any forthcoming decision.

(14) The Main Committee may, by the President of the competent Federal Minister, request an expression in accordance with Article 23g (2) B-VG on the compatibility of drafts of a legislative act within the framework of the European Union with the principle of subsidiarity. "

§ 31d reads:

" (1) The Main Committee may:

1.

on projects within the framework of the European Union also repeal opinions pursuant to Article 23e (1) B-VG and adopt communications to the institutions of the European Union in accordance with Article 23f (4) B-VG and a reasoned opinion pursuant to Art. 23g Subsection 1 B-VG;

2.

of an intended deviation by the competent Federal Minister in accordance with Art. 23e (3) B-VG, if the legal act in preparation would require the release of federal constitutional regulations or contains regulations, which could only be affected by such provisions;

3.

Reports of the competent Federal Minister in accordance with Art. 23e (3) B-VG on the deviation from the opinion of the National Council, or refuse to take note of the information.

(2) Before entering into the debate on a project within the framework of the European Union, the Obmann may be the competent Federal Minister or to give the floor to a member of the portfolio sent by that person to an introductory report on the project and the position of the Federal Minister responsible for the project.

(3) Following the opening of the debate, any Member of the Main Committee may make a written request for decisions within the meaning of paragraph 1 of this Article:

1.

Requests for opinions pursuant to Art. 23e B-VG shall contain information on whether the project is aimed at the issue of a binding act on the authorisation of federal laws in the field governed by the act , or would require the release of federal constitutional provisions, or Provisions which could only be made by such provisions.

2.

Applications for a decision of a notification pursuant to Art. 23f (4) B-VG shall specify the projects referred to in Article 31c (1) to which the communication relates, and the addressees and other recipients.

3.

Requests for a reasoned opinion pursuant to Article 23g (1) B-VG shall contain information on the reasons why the draft is not compatible with the principle of subsidiarity.

(4) The President of the National Council has

1.

To forward opinions and other decisions of the Main Committee on matters of the European Union to all members of the Federal Government without delay,

2.

Communicate without delay notifications pursuant to Article 23f (4) B-VG to the respective addressees and other recipients,

3.

to forward reasoned opinions, in accordance with Article 23g (1) B-VG, to the Presidents of the European Parliament, the Council and the Commission without delay.

Unless the Joint Committee decides otherwise, opinions and decisions shall also be distributed to the President of the Federal Council, all members of the National Council, and the Austrian Members of the European Parliament.

(5) The Main Committee may decide that a project or a report shall be negotiated by the National Council in matters of the European Union. In such a case, the Main Committee shall report on a report which may contain applications as referred to in paragraph 1, as well as requests pursuant to Article 27 (1) and (3). The report and the applications contained therein are the subject of the negotiations of the National Council.

(6) The Main Committee may decide in which way a new version of the Main Committee by the competent Federal Minister, which wishes to depart from an opinion of the National Council pursuant to Article 23e (3) B-VG, shall be taken. In this case, the Main Committee may also be responsible for referral to the Standing Subcommittee on European Union affairs, or decide on the consultation of the Committee pursuant to Section 31e (3). "

15. § 31e reads:

(1) The Main Committee may delegate tasks and competences to the Standing Subcommittee on European Union matters in accordance with Art. 23e, 23f, 23g and 23j B-VG. The Joint Committee may also decide, on a case-by-case basis, to reapply the tasks and responsibilities entrusted to it.

2. In the context of the delegated tasks, the Standing Subcommittee on matters of the European Union shall be subject to the rules applicable to the Main Committee.

(3) If no further referral of the National Council within the meaning of Art. 23e (3) B-VG is required, tasks of the Main Committee or of the Standing Subcommittee on European Union affairs shall also be exercised by a committee to which the chairman (or a representative) of the Standing Subcommittee as chairman and one by each club reputable Member is a member. Decisions cannot be taken. Upon completion of the deliberations, the Chairman shall inform the members of the Committee of the opinions of the President of the National Council who shall inform the Austrian representative in the European Council, respectively. in the Council. "

16. According to § 31e, the following § 31f is inserted:

" § 31f. (1) Five Members may submit brief written questions to a member of the Federal Government within a part-session in order to request information on the documents, documents, reports, information and communications relating to a particular Member State. Projects within the framework of the European Union within a specific period of time, but not more than the last three months, have been submitted.

(2) A question referred to in paragraph 1 shall be submitted to the President in writing with at least four copies. It must be accompanied by the signatures of at least five Members who have been attached to me, including the questioners, and shall contain information on the project to which it relates. The question is to be communicated to the respondent by the parliamentary directorate.

(3) Any Member may support only such a request within three months.

(4) The respondent shall reply in writing to the President within ten working days of the date of delivery of the request. If the respondent is not able to obtain the information requested, he shall state the reasons for this in the answer. Each answer shall be accompanied by a minimum of four copies. Templates, documents, reports, information and communications relating to a project within the framework of the European Union, which is the National Council pursuant to Article 2 (1), (2) or (3) of the EU Information Act, as amended by the Federal Law Gazette (BGBl). I n ° 113/2011 are already available, they do not have to be mentioned in the answer.

(5) The distribution of the answer shall be in accordance with § 31b.

(6) An inquiry as referred to in paragraph 1 may also be addressed to a member of the Federal Government outside a part-session. In this case, the respondent shall reply to the President of the National Council within 20 working days of the date of the submission of the request. '

16a. In § 33 (3), after the expression "Asset" the number "1" inserted.

16b. The annex to the Law on the Rules of Procedure 1975 "Rules of Procedure for Parliamentary Inquiry Committees (VO-UA)" receives the asset label "Appendix 1 to the GOG" .

Section 34 is added to the following paragraph 6:

'(6) Paragraph 5 shall apply mutatily to the' debate on topical issues in European Union matters relating to the work of the Committee. '

18. In Section 75 (3), after the word "Templates" the phrase "and requests for rejection of an initiative or of a proposal in accordance with § 26b" inserted.

19. In Section 76 (1), after the phrase "Legislative Proposals," the phrase "and templates on initiatives and decisions of the European Council and of the Council pursuant to Art. 23i (1), (3) and (4) B-VG and Article 23j (1) B-VG" inserted.

20. § 82 (2) Z 1a reads as follows:

" 1a.

The approval of the conclusion of state contracts pursuant to Article 50 (1) (2) B-VG, which amelaes the contractual bases of the European Union, authorises the Austrian Member to give its assent to the European Council. an initiative pursuant to Article 23i (1) B-VG and the approval of Council decisions introducing new categories of own resources of the European Union in accordance with Article 23i (3) B-VG, of other decisions of the European Council or of the Council, in accordance with Article 23i (4) B-VG and by decisions of the European Council, on The common defence referred to in Article 23j (1) B-VG may be adopted only in the presence of at least half of the Members and by a majority of two-thirds of the votes cast. "

21. In accordance with § 98a, the following § 98b is inserted:

" § 98b. (1) The Main Committee may, at the request of one of its members, decide to hold a Council of the National Council on matters relating to the European Union. Such an Enquete is intended, in particular, to serve the debate with representatives of EU institutions.

(2) All members of the National Council shall be entitled to participate in such an Enquete. The main committee may decide to join the Federal Councils and the Austrian Members of the European Parliament on the negotiations. The Enquete shall be public, unless the Main Committee has decided otherwise.

(3) § 98 (1) to (3) and § 98a (1), (3) and (4) shall apply mutatily.

(4) The Main Committee may delegate to the President of the National Council the definition of the nearer flow of the Enquete. Such a definition has to be preceded by a consultation in the Presidential Conference. "

22. In § 107, after the quote "26 (7)," the citation "28b para. 1," inserted.

Section 109 shall be added to the following paragraphs 4 and 5:

" (4) § 31f enters into force with the expiry of the German Law on Information in the version of BGBl pursuant to § 12 paragraph 1 EU Information Act. I No 113/2011 shall enter into force. With regard to the documents in accordance with Section 12 (2) of the EU Information Act in the version BGBl. However, I n ° 113/2011, § 31f shall only apply with the expiry of the day, which is to be made known in accordance with Section 12 (2) of the EU Information Act, in the Federal Law Gazproc.

(5) § 8 (3), § 21 (1), § 23 (1) and (3), § 25, § 26a, § 26b, § 28b (1) and (2), § 29 para. 2, § 31a, § 31b, § 31c, § 31d, § 31e, § 33 para. 3, § 34 para. 6, § 75 para. 3, § 76 para. 1, § 82 para. 2 Z 1a, § 98b, § 107, and Appendix 2 to the Law 1975: "Provisions relating to the handling and distribution of documents, documents, reports, information and communications on projects within the framework of the European Union (EU Regulation-EU-Regulation-EU)", as amended by the Federal Law BGBl. I No 114/2011 shall enter into force 1. Jänner 2012 in force. "

24. The Law on the Rules of Procedure is set out in Annex 2 concerning provisions concerning the handling and distribution of documents, documents, reports, information and communications on projects within the framework of the European Union (EU distribution system). Regulation (EC)) is added:

Provisions governing the handling and distribution of documents, documents, reports, information and communications on projects within the framework of the European Union

(Distribution Regulations-EU-VO-EU)

§ 1. Templates, documents, reports, information and communications on projects within the framework of the European Union are available by electronic means in the National Council, provided that § 3 does not determine anything else.

§ 2. The members of the National Council, members of the clubs who are well known and members of the Parliament's Directorate have access to documents, documents, reports, information and communications on projects within the framework of the European Union pursuant to § 3 (1) (1) (1) (1) (1)). up to 3 in the database according to § 2 (1) and 2 of the EU Information Act as amended by the Federal Law Gazette (BGBl). I No 113/2011.

§ 3. The National Council shall comply with the security classification of the institutions of the European Union with regard to the specific confidentiality of the documents, documents, reports, information and communications on projects within the European Union. The following provisions shall apply to the collection and distribution of documents, documents, reports, information and communications on projects within the framework of the European Union and to the inspection of projects within the framework of the European Union:

1.

Templates, documents, reports, information and communications on projects within the framework of the European Union are recorded in the EU database and are accessible to the public, unless otherwise stated on the basis of Z 2 to 6 and § 5. The collection of these documents in the EU database shall be considered as a distribution within the meaning of the Rules of Procedure Act.

2.

Templates, documents, reports, information and communications on projects within the framework of the European Union which are not suitable for publication and are not covered by Z 3 to 6 shall be recorded in the EU database and shall be for the members of the European Union. of the National Council, persons employed in support of their parliamentary duties and acting on their behalf, persons who have been repudiated by the clubs, and the competent staff of the Parliament's Directorate. The collection of these documents in the EU database shall be considered as a distribution within the meaning of the Rules of Procedure Act.

3.

Templates, documents, reports, information and communications on projects within the framework of the European Union, classified as 'Restreint UE/EU Restricted', are recorded in the EU database and are for the members of the National Council, of the Klub's well-known persons and competent staff of the Parliament's Directorate are accessible. Where a project is placed on the agenda of the main committee within the framework of the European Union, the documents referred to in this provision shall be distributed to the members of the Main Committee.

4.

Templates, documents, reports, information and communications on projects within the framework of the European Union, classified as 'Confidentiel UE/EU Confidential', shall be sent to the members of the Presidential Conference and two each from the clubs. reputable persons, for which the name of a representative is admissible. In addition, such documents are available to the members of the National Council for consultation in the Parliamentary Directorate. Where a project is placed on the agenda of the main committee within the framework of the European Union, the documents referred to in this provision shall be distributed to the members of the Main Committee.

5.

Templates, documents, reports, information and communications on projects within the framework of the European Union, classified as "Secret UE/EU Secret", shall be forwarded to the members of the Presidential Conference. In addition, such documents are available for two persons, respectively made by the clubs, respectively. representing their representation in accordance with Z 4 for the inspection of the Parliament's Directorate. Where a project is placed on the agenda of the main committee within the framework of the European Union, the documents referred to in this provision shall be distributed to the members of the main committee for the duration of the meeting.

6.

Templates, documents, reports, information and communications on projects within the framework of the European Union, classified as "Trés Secret UE/EU Top Secret", shall be forwarded to the members of the Presidential Conference. Where a project is placed on the agenda of the main committee within the framework of the European Union, the documents referred to in this provision shall be distributed to the members of the main committee for the duration of the meeting.

§ 4. (1) When, at a meeting of the Main Committee, templates, documents, reports, information and communications on projects within the framework of the European Union classified as "Secret UE/EU Secret" or "Trés Secret UE/EU Top Secret" are dealt with , the members of the main committee present shall be insult by the President of the National Council for the sake of confidentiality.

(2) The participation of persons who are not members of the Joint Committee or their participation does not result from Art. 75 B-VG, decides on the treatment of templates, documents, reports, information and communications of the European Union in accordance with paragraph 1 of the Main Committee by decision. Persons taking part in the meeting pursuant to such a decision shall be subject to the protection of confidentiality by the President.

(3) The persons appointed by the clubs in accordance with § 3 Z 4 shall be lecturing on the maintenance of confidentiality by the President of the National Council.

§ 5. The handling and distribution of documents relating to projects within the framework of the European Union, drawn up by the Austrian institutions, shall be subject to the same provisions as for the handling and distribution of documents, documents, documents and documents, Reports, information and communications on projects within the framework of the European Union to which they refer.

§ 6. Templates, documents, reports, information and communications on projects within the framework of the European Union, which are not available to the public pursuant to § 3 (2) to (6) and § 5, should be made available to the public in accordance with § 3 (1) (1) (1). if the circumstances surrounding the publication of these documents have been omitted.

§ 7. (1) The President of the National Council may lay down rules on the technical requirements to be met in the transmission and distribution of documents, documents, reports, information and communications on projects within the framework of the European Union. as well as their labelling in order to preserve confidentiality.

(2) The President of the National Council may, on a case-by-case basis, after deliberation in the Presidential Conference of § 3 (2) to (6), apply different arrangements regarding the handling and distribution of templates, documents, reports, information and communications. Projects within the framework of the European Union.

§ 8. The Parliament's Directorate is responsible for providing information on public access to documents, documents, reports, information and communications on projects within the framework of the European Union.

Fischer

Faymann