162/2009 Sb.
LAW
of 6 December. in May 2009,
amending Law No. 90/1995 Coll., on rules of procedure of the
the Chamber of Deputies, in the wording of later regulations, and Act No. 106/1999 Coll., on the
the Senate's rules of procedure, as amended
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
Amendment to Act No. 90/1995 Coll., on rules of procedure of the Chamber of Deputies, in the
as amended
Article. (I)
Act No. 90/1995 Coll., on rules of procedure of the Chamber of Deputies, in the text of the
Act No. 47/2000 Coll., Act No. 39/2001 Coll., Act No. 78/2002 Sb.
Act No 192/2002 Coll., Act No. 283/2004 Coll., Act No. 359/2004 Coll.
Act No. 482/2004 Coll., the Act No. 167/2005 Coll., Act No. 205/2006 Coll.
law no 573/2006 Coll. and Act No. 41/2009 Coll., is hereby amended as follows:
1. In section 50, paragraph. 1 (a). for), section 109a, paragraph. 1, 2 and 5, and in section 109b of paragraph 1. 1
the words "of the European Communities ' shall be deleted.
2. In section 109a is added after the existing paragraph 5 a new paragraph 6, which
added:
"(6) if the House resolution or resolutions of the Committee referred to in paragraph 4
provides a timely and a received a reasoned opinion stating that the draft Act
The European Union is in breach of the principle of subsidiarity, the President of the Chamber of Deputies
the resolution immediately to the Government, the President of the Senate, the President of the European
Parliament, the President of the Council and to the President of the European Commission. ".
Paragraph 6 is renumbered as paragraph 7.
3. In article 109 c, paragraph 2 reads:
"(2) the Personnel nominations in the institutions of the European Union is in the House
discuss about them before the Government takes a final decision. "
4. under section 109 c shall be inserted a new section 109d to 109 l, including headings and
footnote No. 13a:
"An action for infringement of the subsidiarity principle by the Act of the European Union
§ 109d
(1) the Committee for European Affairs, or a group of at least 41 members
may propose, in writing, the House agreed to the filing of applications in
infringement of the subsidiarity principle by the Act of the European Union (hereinafter the ' draft
the action "). Application must contain the exact wording of the claim on which the
is the Chamber of Deputies.
(2) the application shall be submitted to the President of the Chamber of Deputies, and the latest
the fifteenth day before the expiry of the period for bringing an action laid down by the
law of the European Union. The President of the Chamber of Deputies shall be included in a timely proposal
action on the agenda of the next meeting of the Chamber of Deputies, where appropriate, to discuss the
shall convene a meeting of the House, so as to allow the timely consideration of the proposal
the action.
(3) the application shall be transmitted to all members at least 72 hours prior to its
the hearing in the House of Commons.
section 109e
(1) the Chamber of Deputies approves the application, authorise a member, where appropriate, other
the appropriate person or persons, their representation in proceedings before the European
the Court of Justice (hereinafter referred to as "authorized representative"). The credential is not bound to the
the duration of the mandate.
(2) the authorized representative is bound by the wording of the claim; is not authorised to take action
back.
(3) if the reasons for this, the Chamber of Deputies may force a resolution of the credentials
change.
section 109f
(1) the President of the Chamber of Deputies shall submit to the House resolution containing
the text of the application to the Government and to the information, to the presiding judge.
(2) the Government shall submit the complaint to the European Court without undue delay
the Court of Justice.
section 109 g
(1) the Government, members of the Government, agents of the Government and the head of the Central and
other public authorities shall provide the authorized representatives of all
the synergy necessary for the procedure in proceedings.
(2) the authorized representative shall inform the management committee procedure for the European
Affairs within the time limits and in the manner that the Committee determines.
section 109 h
The position of the Chamber of Deputies as a party to the proceedings before the European Court of Justice,
even the position of the authorized representative is not the end of the parliamentary term
The Chamber of deputies or the dissolution of the prejudice.
The prior consent of the Chamber of Deputies with some decisions of the činěnými in the institutions
Of the European Union
section 109i
Without prior consent of the Chamber of deputies of the Czech Republic cannot pronounce
voting agreement
and in the European Council) when making a decision pursuant to article. paragraph 31. 3 of the Treaty on
The European Union,
(b)) in the European Council to decide on the amendment of the provisions of part three of the
The Treaty on the functioning of the European Union pursuant to article. paragraph 48. 6 of the Treaty on
The European Union,
(c)) in the European Council, when deciding on the application of the ordinary legislative
procedure or decisions by a qualified majority in accordance with article. paragraph 48. 7
The Treaty on European Union,
(d)) in the Council when deciding the destination of the aspects of family law with
the international element, which may be the subject of acts adopted by the ordinary
legislative procedure, according to the article. paragraph 81. the Treaty on the functioning of the
The European Union,
(e) in the Council, where appropriate) to the European Council, when deciding on the other cases,
application of the ordinary legislative procedure or decisions by qualified
majority laid down in article. paragraph 153. 2, article. paragraph 192. 2, article. paragraph 312. 2 and article.
333 paragraph. 1 and 2 of the Treaty on the functioning of the European Union,
(f)) in the Council in deciding on the appropriate measures to achieve the objectives of
laid down in the treaties on which the European Union is founded, according to the article.
352 of the Treaty on the functioning of the European Union, unless the measures necessary for the
the functioning of the internal market.
§ 109j
(1) the Government shall submit the motion of the prior consent of the Chamber of Deputies
under section 109i without undue delay in order to allow its early
discussion in the House of Commons; the latest to do so on the day of notification of the proposal
the decision of the authority of the European Union parliaments of Member States procedure
prescribed by the law of the European Union.
(2) the Government shall submit the proposal with the valid wording of the relevant provisions of the law
The European Union, with the proposed amendments and additions, and their
the opinion to them.
(3) the Government shall submit to the Chairman of the House proposal. The proposal of the Government is
shall immediately forward all members. The President of the Chamber of Deputies shall order it to
consultation of the Committee for European Affairs and provides for him to
reasonable time-limit, which shall not be shorter than 5 days.
(4) After examination of the application of the Government shall submit to the Committee for European Affairs
the President of the Chamber of deputies of the resolution, in which, in particular, will recommend whether the House of Commons
say prior approval under section 109i.
(5) the resolution of the Committee, where appropriate, the expert report shall be transmitted to all
members at least 24 hours prior to the commencement of the hearing of the proposal of the Government in the
House of Commons. The proposal of the Government can be in the House to discuss even in the event that the Committee
does not accept the resolution within a specified period.
(6) the President of the Chamber of Deputies shall be included on the agenda of the next Government's proposal of a meeting
The Chamber of Deputies, where appropriate, to the discussion of the Chamber of Deputies shall convene, and so,
to enable the timely consideration of the proposal.
(7) the Chamber shall decide on the proposal of the Government under section 109i (a). and), b), (e) and (f)))
without undue delay. In the cases referred to in section 109i (a). (c)), and (d))
the Chamber of Deputies on the draft of the Government within a period of 6 months from the date of notification of the
proposal for a decision of the authority of the European Union parliaments of the Member States
the procedure prescribed by the law of the European Union.
section 109 k
(1) in the debate may only be submitted a motion to dismiss or motion to
adjournment of hearing of the proposal of the Government.
(2) after their first debate, the Chamber of Deputies vote on the submitted proposal on
the rejection. If the Chamber does not accept the proposal to reject or not-if such
the proposal filed with the Chamber of Deputies agreed with the proposal that the Government gives its consent.
(3) the President of the Chamber of Deputies shall immediately inform about the outcome of the consideration of the Government of the
and the President of the Senate.
(4) in the cases referred to in section 109i (a). (c)), and (d)) with a timely rejection
the proposal the Government deemed to voicing opposition by the House with such a
proposal for a decision of the authority of the European Union in a way foreseen by the law
The European Union ^ 13a). The Chairman of the House of this fact without delay to the
inform the Government, the President of the Senate, the President of the Council, President of the European Council
and the President of the European Commission.
Assent of the House with a decision of the European Council amending
the provisions of part three of the Treaty on the functioning of the European Union
§ 109 l
(1) The approval of the European Council decision referred to in article. paragraph 48. 6 of the Treaty
on European Union, amending the provisions of part three of the Treaty on the functioning of
The European Union is to require the consent of the House.
(2) a proposal for the assent of the House with a decision of the European Council
referred to in paragraph 1 shall be submitted by the Government. Decision of the European Council shall be submitted to
with the wording of the relevant part of the applicable Treaty on the functioning of the European Union, with the
an indication of the proposed changes and additions. When discussing the proposal of the Government of
in the House are the provisions governing the consideration of international
Similarly, contracts.
(3) the President of the Chamber of Deputies shall immediately inform about the outcome of the consideration of the Government of the
and the President of the Senate.
13A) Article. paragraph 48. 7 of the Treaty on European Union.
Article. paragraph 81. 3 of the Treaty on the functioning of the European Union. ".
The existing section 109d is renumbered as section 109 m².
5. In section 121 is at the end of the text of paragraph 1, the words ", and the draft
Government under section 109i ".
PART THE SECOND
Amendment of the Act No. 107/1999 Coll., on rules of procedure, as amended by the Senate
amended
Article. (II)
Act No. 107/1999 Coll., on the Senate's rules of procedure, as amended by Act No.
78/2002 Coll., Act No. 172/2004 Coll. and Act No. 625/2006 Coll., amended
as follows:
1. the title of the twelfth is replaced by the heading "CONSULTATION
AFFAIRS OF THE EUROPEAN UNION ".
2. In paragraph 3 of section 119a, including footnote No. 34a:
"(3) the Senate is whether or not the documents transferred directly to the authorities of the Senate
The European Union ^ 34a) and on other matters relating to the European Union,
If the law so provides.
34A) Article. 1 and 2 of the Protocol on the role of national parliaments in the European
Union.
Article. 3 of the Protocol on the application of the principles of subsidiarity and proportionality ".
3. In section 119d paragraph. 2, the second sentence shall be replaced by the phrase "does not apply,
If the Senate does not terminate the negotiations of the draft legislative act within a time limit which
According to the law of the European Union must pass between the disclosure proposal
the legislative act of the national parliaments in the official languages
The European Union and its inclusion in the provisional agenda of the Council ^ 34b). ".
Footnote No. 34b:
"34b) Article. 4 of the Protocol on the role of national parliaments in the European
Union. ".
4. In the second subparagraph of section 119f. 3, the third sentence shall be replaced by the phrase "President of the Senate
such a proposal shall be placed on the agenda of the next meeting; If the proposal
Legislative Act, which is discussed with respect to section 119d paragraph. 2,
is the President of the Chamber shall convene the meeting so that was launched
no later than the third day before the expiry of the period laid down by the law of the European
Union ^ 34b). ".
5. under section 119h, the following new section up, 119i 119s including headings and
footnote No. 34 c:
"The hearing of the Senate about the documents directly to the European authorities ceded the Senate
Union
§ 119i
(1) the resolution of the Senate, which commented on the document, which was
referral directly to the authority of the European Union), will send ^ 34a Chairman Senate
This authority, as well as other institutions of the European Union in accordance with the decision of the
The Senate.
(2) the representation of the Senate to the document, which was sent to him directly
body of the European Union, the President of the Senate and the President always inform the Government
The Chamber of Deputies.
(3) the Senate representation of the document, which was sent to him directly by the authority
The European Union is not an obstacle to the expression of the Senate to the position of the Government to this
the document; This also applies for any additional comments to the revised
the document.
§ 119j
Unless otherwise provided for in § 119i, applies for the hearing of the Senate about the
documents transferred directly to the institutions of the European Union the Senate likewise, §
119c to 119h with the fact that the time limit set in section 119d paragraph. 1 may, responsible for the
the Committee reasonably extended.
The prior consent of the Senate, with some of the decisions činěnými in the institutions
Of the European Union
§ 119k
Without the prior consent of the Senate of the Czech Republic could not say when
voting agreement
and in the European Council) when making a decision pursuant to article. paragraph 31. 3 of the Treaty on
The European Union,
(b)) in the European Council, when deciding on the provisions of the third part of the
The Treaty on the functioning of the European Union pursuant to article. paragraph 48. 6 of the Treaty on
The European Union,
(c)) in the Council or the European Council, when deciding on the other cases,
application of the ordinary legislative procedure or decisions by qualified
majority laid down in article. paragraph 153. 2, article. paragraph 192. 2, article. paragraph 312. 2 and article.
333 paragraph. 1 and 2 of the Treaty on the functioning of the European Union,
(d)) in the Council in deciding on the appropriate measures to achieve the objectives of
laid down in the treaties on which the European Union is founded, according to the article.
352 of the Treaty on the functioning of the European Union, unless the measures necessary for the
the functioning of the internal market.
§ 119l
(1) the Government shall submit to the Senate a draft decision pursuant to section 119k, along with your
the opinion.
(2) the President of the Senate, such a proposal shall be circulated forthwith to all senators,
specifically, the Committee authorized the negotiation of draft legislative acts
and set a reasonable deadline for its consideration; the time limit shall not be less
than 5 days. Permissions delegated to the Committee provided for in § 119d paragraph. 4 applies
Similarly.
(3) at the hearing of the Committee may be authorised only in the debate on the proposal
the adjournment; such a proposal must include a deadline by which it must be the design
the decision under section 119k on the agenda of the meeting included again in the Senate. If
a proposal for an adjournment of the filed or has not been accepted, the vote authorized the Committee on the
recommendations to the Senate with the draft decision under section 119k said
the consent.
(4) the President of the Senate include a draft decision under section 119k on the agenda
the next meeting of the Senate shall convene a meeting to discuss the
The Senate, so as to allow the timely consideration of the proposal.
(5) at the hearing of the Senate can be made only in the debate on the adjournment proposal;
such a proposal shall include a time limit within which the draft decision must be
pursuant to section 119k again on the agenda included meetings of the Senate. If the proposal was not on the
adjournment filed or has not been accepted, the Senate vote on whether the proposal
decision pursuant to section 119k gives its assent.
(6) the President of the Senate shall inform about the outcome of the Senate
the Government and the President of the Chamber of Deputies.
section 119
Without the prior consent of the Senate of the Czech Republic also cannot be
pronounce the voting agreement
and in the European Council) when deciding on the application of the ordinary legislative
procedure or decisions by a qualified majority in accordance with article. paragraph 48. 7
The Treaty on European Union,
(b)) in the Council when deciding the destination of the aspects of family law with
the international element, which may be the subject of acts adopted by the ordinary
legislative procedure, according to the article. paragraph 81. the Treaty on the functioning of the
Of the European Union.
section 119n
(1) the Government shall submit to the Senate of the opinion on the draft decision under section 119
immediately after his assignment to the parliaments of the Member States.
(2) at the hearing of the Committee in the debate can be authorised to submit these proposals:
1. a proposal for an adjournment; such a proposal must include a deadline by which it must
be a proposal for a decision under section 119 re-enlisted on the agenda of the meeting of the Senate;
2. the motion of disapproval. If none of the proposals submitted, or
If accepted, the vote authorized the Committee on a recommendation to the Senate
expressed with the draft decision under section 119 consent for case,
It will be decided in a body of the European Union referred to in section 119.
(3) at the hearing of the Senate can submit these proposals in the debate:
1. a proposal for an adjournment; such a proposal must include a deadline by which it must
be a proposal for a decision under section 119 re-enlisted on the agenda of the meeting of the Senate;
2. the motion of disapproval. If none of the proposals submitted, or
If adopted, the Senate votes on whether to draft decision under section
119 gives its assent for the case, it will be decided in the authority
The European Union referred to in section 119.
(4) the draft decision referred to in section 119 is rejected by the Senate with him
opposition within six months of its referral to the parliaments of the
of the Member States. The President of the Senate of this fact without delay to the
inform the Government, the President of the Chamber of Deputies, the President of the European Council,
the President of the Council and the President of the European Commission.
(5) if it is not in paragraphs 1 to 4 shall apply unless otherwise provided for, for the negotiations on the
proposal for a decision pursuant to section 119, mutatis mutandis, to section 119l.
§ 119o
Meetings of the Senate amendments to the provisions of part three of the Treaty on the functioning of the
The European Union adopted by simplified procedure
Decision of the European Council on the amendment of the provisions of part three of the Treaty on the
the functioning of the European Union pursuant to article. paragraph 48. 6 of the Treaty on European Union
discusses the Senate as an international treaty.
The claim concerning the infringement of the principle of subsidiarity, the legislative act
Of the European Union
§ 119 p
(1) the proposal that the Senate filed a lawsuit relating to the violation of the principles of
of subsidiarity by a legislative act of the rights of the European Union (hereinafter referred to as
"my application") ^ 34 c), is entitled to file an authorized Committee or group
at least 17 senators. Application must contain the text of the application, on which the
the Senate Act.
(2) the application shall be submitted to the President of the Senate, who shall immediately
circulate it to all senators and senátorským clubs and include it on the agenda
the next meeting of the Senate so that it could be discussed at the latest 10 days
before the expiry of the period set by the law of the European Union.
(3) to discuss the proposal of action is always invited factually competent Member of
the Government.
section 119q
(1) if the Senate approves a proposal for action, where appropriate, instruct the Senator, more
an appropriate person, their representation in proceedings before the European Court
the Court of Justice.
(2) if the reasons for this, the Senate resolution on the credentials change.
§ 119r
(1) the President of the Senate shall, without delay, but not later than 3 working days before the
the expiry of the time limits set by the law of the European Union, the resolution of the
Senate approval of the proposal action along with the text claims to the Government, which is
shall transmit to the European Court of justice so as to comply with the time limit.
(2) the President of the Chamber shall transmit the resolution and the text of the application referred to in paragraph 1
also the President of the Chamber of Deputies and government agents
for representing the Czech Republic before the European Court of Justice.
§ 119s
Government delegate for representing the Czech Republic before the European Court
the Court of Justice provides the persons entrusted with representing the Senate pursuant to section 119q
all the necessary cooperation of the parties, both in the management of the Act, without
would prejudice to its relationship to the Government and to its opinion on the subject
the proceedings.
34 c) Article. 8 of the Protocol on the application of the principles of subsidiarity and
proportionality. ".
PART THE THIRD
The EFFECTIVENESS of the
Article. (III)
This Act shall take effect on the date of entry into force of the amending Treaty of Lisbon
The Treaty on European Union and to the Treaty establishing the European Community in the
force. Enter the international agreement referred to in the first sentence in the
force before the date of publication of this Act, this Act shall take
effectiveness on the thirtieth day after the date of its publication.
Vaidya in the r.
Fischer v. r.
