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March 11, 1981, N

Original Language Title: 11 Marzo 1981, N

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LAW 11 March 1981, n. 21 (published in the albo of the Public Palace on
24 March 1981)
Reform of the Great and General Council Regulation.
We the Captains Regent of the Most Serene Republic of San Marino
promulgate and publish the following law approved
by the Great and General Council at its meeting of 11 March 1981.
|| TITLE I SETTING UP OF THE COUNCIL | Art. 1 (First session of the legislature)
In the 30 days after the publication of election results
must take place the meeting of the Great Council and
General, convened by the Regency with notice to be communicated to the Board Members elected by
registered letter, at least we que
days before the session.
In the first sitting of the legislature, the Regency:
1) communicate the result of the vote;
2) propose to the Council for the necessary approvazi it, the
appointment of Directors members of the Permanent Council of the
elections under the Electoral Law;
3) has, at the end of the session, for the next
Council meeting, which must be held within 15 days.
Art. 2 (Secretariat functions)
The Secretariat functions of the Great and General Council at its first session
are exercised by the Secretary of State for Internal Affairs
in office, or in the case of absence or | || impediment, by the most 'senior Director in charge or, if
equal seniority in office, the more' eldest director
.
Art. 3 (Council Formalities settlement)
In the board meeting convened in accordance with art. 1, point 3),
were held following acts:
1) the Permanent Council reports to the Board of Elections
Great and General regarding the outcome of the elections and proclaims elected Councillors
according to the results of the elections;
2) the Directors elected shall be sworn in the House according to the formula
read by the Home Secretary.
The Directors absent during the meeting at which it lends the
oath must do so at the beginning of the first session which they take part and
however, as contained in the current Elttorale Law;
3) the Council, by a vote which can not participate
concerned, proceeds to the validation of the election of directors
for which the same validation is required by the Permanent Council
allowed in cases of Elections From law.
The Director whose election has validated the oath
immediately after validation;
4) The Board shall appoint, on a proposal of the Regency and the
majority of 2/3, three Board members of the Office
Council Secretariat.
The Home Secretary is part of law
Secretariat Office, coordinating and directing and work, but without
contribute to the Office's decisions or stes.
The other members of the Congress of State can not be part of
Secretariat Office.
Art. 4 (Secretarial Office Tasks)
The Secretariat shall carry out the following functions:
a) supervise the preparation and retention of verbal
Great and General Council and the publication of laws || | and of the Council's measures, making use of the Chancellery of the President office
;
B) participate in the meetings of the Bureau;
C) monitor the administration of the autonomous
Annual fund reserved to the Council in the manner prescribed n
appropriate internal regulations;
D) may propose to the Council the approval of the proposed regulatory
;
E) verify the result of the Great Council votes and
General.
Art. 5 (Replacing the Office of Secretariat members)
In the event of resignation or supervening incompatibility, the
Secretariat of the Office components are substituted with
criteria outlined in section 4) of Art.
3. In case of absence of one of the members of the Secretariat
for the consequent formalities at the board meeting, or in the event of disagreement
of which must be notified in plenary, I am
apply the decisions adopted by at least two members
.
During the Council sessions, the Office component
Secretariat, possibly absent, on a proposal from the Regency and
with the approval of a simple majority of voters expressed
by sitting and standing, is replaced by another director.
In this case the substitute shall exercise his duties for the entire
seat and meet its requirements.
The Home Secretary for
functions reserved, in case of his absence, must be
replaced by another Secretary of State.
TITLE II MEETING OF THE COUNCIL AND COMMIS Sioni
Art. 6 (notice of meeting criteria)

The Great and General Council shall be convened by the Regency,
heard the Bureau of Law April 13, 1976
n. 12.
Art. 7 (Notice of meeting)
The Great and General Council shall be convened by notice issued by
Home Secretary, containin
indicate the date or day and time of the meeting and
the topics to be discussed.
The notice is notice board situated in the Public Palace and is
delivered by postal service by registered mail, or by hand, to individual
Directors at least five days before the session.
Of The Board is convened news broke that on
public manifesto, containing the agenda.
In urgent cases, heard the Bureau, the 'tice of
call is delivered to the Directors on the day before
that of the session.
The meeting notice is addressed to the Directors at their home
notified the Secretariat of State for Interior Affairs
; Directors not residing in the territory must
elect domicile in the Republic.
Art. 8 (Sessions)
The Board meetings may be held by sessions continuing
agenda envisaged in the notice.
In this case, the notice indicates the exact giorn in
which discusses the same agenda.
The topics on the agenda must be indicated in
clearly and precisely.
Art. 9 (Validity of the sessions)
The board meetings are valid with the participation of at least 30
Directors, including the Captains Regent, except as provided
for the election of Captains Regent by Law 24 March 1945 n.
15.
The Regency has, by roll call, verification of
quorum at the beginning of each session, or before the resumption of the sitting
in case of its failure.
Each director may ask, if it is necessary
a vote, the quorum.
In the absence of a quorum the Regency suspends, for maximum
period of one hour, the session on hold to form the number Legal
. After this deadline shall dissolve the
sitting or deserted declaring session.
Art. 10 (Attendance Registration)
The Office of the Secretariat took note of the Directors present, Directors
entered after the start or resumption of work and
of the Directors who are absent.
The member who is absent must notify the Secretariat
.
Art. 11 (of Resignation)
It 'faculty given to each director to resign from his post
give in writing and motivated allaReggenza.
The regency is required to put on the agenda of the Council
the resignation of the Director during the first meeting of the Council
.
The acceptance of the resignation is submitted to the Council
secret ballot. If and
resignations are repeated, the Council welcomes the
simple acknowledgment.
When the resignation is final, we proceed to the place of the Director
discharged under the existing Electoral Act
.
He 'replaced with the same criteria and procedures the Board
decayed.
Art. 12 (Forfeiture)
It 'revoked from office:
a) the Director who loses the eligibility requirements or be
to be in conditions for revocation under
Electoral Law;
B) the Director who for more 'than six months away from
sessions, and have not requested and been obtained by the Great and General Council
leave.
The Council, after verifying that the assumptions of
law for the adoption of measures formulated by the Office of
Secretariat, noted the Director of the decadence and
invests the Board of Elections simultaneously
the formalities required by the Electoral Law.
Art. 13 (Publicity of the sessions)
The Board meetings are public.
It can be treated, following a decision of the Bureau
, in secret session, issues concerning international contributions
, issues concerning the diplomatic and consular
, the appointment of judges, the measures || | administrative private interest.
Art. 14 (Extraordinary Council Commissions)
Until the reform of the Council of the Great powers and G neral and
as a transitional measure, the Council may appoint
extraordinary Council Commissions for examining proposals for
law.
The composition of the extraordinary Council Commissions
must ensure the presence of the lists represented in the Board and
reflect the groups proposition.
With the instrument appointing the Council shall determine the composition,
tasks and powers of the Commission Board, laughed vandosi

However, the approval of the proposed legislation.
The sessions of the extraordinary Council Commissions are public
in the limits and with the exceptions referred to in art.
13.
Art. 15 (Commissions of Inquiry)
The Board may establish Board committees to place
inquiries on matters of public interest.
The Committees of inquiry carry out the investigations with the powers and the authority
judicial limits.
The Constitution Act establishes its purposes, the procedures and timing of the presentation to the Council of
relations.
Each Board of Inquiry Commission is made with the same criteria laid down
art. 14 of this Law.
TITLE III DUTIES OF REGENCY, GOVERNMENT AND DE COUNCILLORS
Art. 16 (Prime)
The Presidency of the Great and General Council is responsible to the Captains Regent
, who can exercise it in case of impediment
individually.
Art. 17 (Duties of the Regency)
As chairman of the meeting, the Regency:
1) convene, in accordance with art. 6
the Great and General Council at least once a month;
2) opens the session of the Council, suspend it and dissolve;
3) ensures the proper conduct of the sessions;
4) points out the settlement of board meetings, heard
in doubtful cases, the Secretariat Office;
5) grants to Directors who request the f culty of
speak, takes the same word if, despite
calls, pronuncino improper and offensive expressions;
6) announces the results of voting, in which
ballot provides the Secretariat Office.
Art. 18 (Information)
At the beginning of each session, or session, after the reading of the minutes summary
, the Regents and the State Congress members give
communication they deem appropriate and due under | || law.
The Directors in office communications, or
may submit oral or written questions, interpellations or motions
.
Art. 19 (Questions and interpellations)
The question is the question tending to establish whether
a fact is true, if a certain information concerning acts of
Government or received to the Government or to an office and is tta,
if the Government wishes to inform the Board documents that are needed
to the Director or if the government has taken or contemplated
certain measures.
The interpellation consists in the application seeking to know the reasons
or intentions of the government's conduct in matters which concern
certain aspects of his policy or
situation of the country.
Art. 20 (motions)
The motion is aimed at promoting the Council a
discussion of administrative and political matters.
Topics discussed on the Council can be called dl
proponent or proponents to express their arere
in the middle of voting on an "agenda" conclusive.
The agenda approved as a result of a motion is not
legislative act, but an instrument of control and policy.
It politically commits the Government or other bodies
possibly competent to implement the provvedim nti approved
with the agenda, taking into account the financial resources of the State
.
Art. 21 (Presentation of the motion)
A motion can achieve the transformation of a
interpellation, if the questioner is believed
dissatisfied with the response received, or may be submitted directly by
least 3 directors.
Art. 22 (Treatment of questions, interpellations and motions
)
The answer to questions and interpellations to the
happens in the next session to their presentation, unless
the questioner or the questioner does not require rispota written,
that it will be sent within 20 days of submission.
The interrogator or the questioner has the right, in case of
oral answer to their question, a short fold in
which are exposed the reasons for dissatisfaction or
satisfaction with the response received.
The discussion of individual notions is established with
review of specific paragraph on the agenda, which will be discussed
within a maximum period of six months.
Art. 23 (Agenda Conduct)
In board meetings were held
entered in the same topics on the agenda of the session or the session.
The Council, on a proposal of the Regency, may decide by a two-thirds majority
of
advance or delay the discussion of a paragraph on the agenda, or to place
discussion or vote topics not covered if you
present a case of urgency.
Art. 24 (Legislative initiative and procedures for the approval of the law
)

The legislative initiative can be exercised by the Congress of
State, by any Director, by the Township Councils under
Law 30 November 1979 n. 75 and in the other
manner provided by law.
He that exercises legislative initiative has to transmit to the Bureau
the draft law drawn up in articles, accompanied
of an explanatory report which would specify the purposes and
contents.
The bills that involve spending must foresee the relative
funding.
The proposal is noted by the Registrar of dll'Ufficio
presidency in a special protocol.
In the ordinary way, each bill:
1) is placed on the first reading of the Council's agenda;
2) is entrusted to the Commission for Political Recommend
competent, unless the project has not been subject to prior examination by the Commission itself
P litico-
Council Chamber at the request of proposer;
3) it is then inserted in the second reading on the agenda for
discussion and approval in one or more 'sessions.
When the second reading each Director has the right to present and make
vote on a point of order for the
not pass the examination of the items.
The approval of the motion interrupts the examination of the draft law
.
As an exception, the bills can be remitted
after the first reading and the Council's decision the same
examination of an extraordinary Council Commission which
art. 14 above, with the tasks provided for the next 15

art. 29, without however prejudice to the final approval of the
council on second reading.
In any case, each bill must be inserted by
Presidency on the Council's agenda
within 120 days of submission.
The Council may discuss and approve a bill also
at the first reading, in urgent cases
recognized by the Board with two-thirds majority secret ballot
. 15


A29 Art. 25 (Decisions of the Council at first reading)
The bill, once placed on the agenda,
it shows at first reading to the Council by the king or atore
Project presenter.
The Council, at the conclusion of the first reading, if the resolution no ra
discussion and approval of the law should follow the
regular or special procedure in Article
that precedes. 15


A29 Art. 26 (Discussion of articles and amendments)
On bills examined in the ordinary way, the Regency
during the second reading open the Font
general discussion, which takes place in the manner provided by Article .
24. The Council then submits for approval
individual articles of the legal text.
Before the discussion of the item,
Directors may submit written amendments.
They are allowed one or more 'amendments on the part of one or more'
Directors on the same article or part thereof.
The individual amendments are voted by following the sequence of paragraphs
order of presentation, given that
will be voted before the amendments fully suppressive, then
those partially suppressive, then those amending and | || finally, additional ones. The various amendments can be unified
.
The approval of the article or parts of it precludes any further
vote respectively on the article or on individual
parties.
The rating of individual items is usually made balls
or if no objections by sitting and standing.
Bills may be withdrawn by the proponents in
every stage of the legislative process.
E 'given the opportunity to submit proposals for Board Members
amendment also during the discussion of individual
items when this is necessary for a Correctly
coordination with the proposed amendments approved in previous | || articles. 15


A29 Art. 27 (total of Voting Law)
After the vote of all articles, the individual
Directors is granted the authority to carry out
vote.
The bill as a whole is then placed in
secret ballot and is considered approved in
majority vote, unless specific laws do not require qualified majorities
. 15


A29 Art. 28 (Legislative Procedure within the Committees extraordinary
)
As part of the Board's committees may consist
under Article. 14 the direction of the debate, the choice of
voting procedures and internal procedures are decided
by the Commission, which appoints its members the President.

The Commission will follow anyway because applicabi to
provisions of this Regulation.
The President of the Commission shall send its decision
proposals and Commission decisions on issues to qu
same delegated and on the initiatives taken within the period of 10 days from
approval of the minutes, to 'Great and General Council of
Office Presidency which has about. 15


A29 Art. 29 (Duties of the extraordinary Council Commissions)
In the case of exceptional procedure provided for in Article. 24, the
Council with its specific tasks
discretionary decision of the Commission under Article. 14, which can be:
1) approval of the individual items, however
being reserved to the Council the final approval of the law;
2) simple report on the law.
The Council in its resolution of referral to the Commission extraordinary council
a
bill establishes the procedures for approval and the times within which the proposal is to be discussed in plenary
.
the presenter Director of the bill, or a member of the State Congress
if the initiative goes legislat
government or a delegate of the Board of the proposer Castle
law, participate in the sessions of the Commission as
the speaker.
In each Director he is given the opportunity to present to the Commission
amendments and proposals in ten days
beginning of the discussion in the stes Commission.
At the request of the Government or of three directors or one third of
members of the Commission, the discussion and the approvazi it
bill is withdrawn to the Commission and the Council postponed
Grande General and at any stage of the proceedings legislative
. 15


A28 Art. 30 (Promulgation and publication of the law)
The text of the law approved by the Great and General Council,
heard the Secretariat Office, is:
a) promulgated by the Regency, which stamps with the Secretary of | || State for Home Affairs be signed in two original
the text of the law, one of which is kept at the
Stationery Office of the Prime Grande and
General;
B) published by the Secretary of State for Internal Affairs,
felt other Secretariat Office components.
It is published:
1) deposit of the second original and the copies for
notification and publication of the text of the law with the Clerk of the Commissioner's Court
;
2) by posting the text itself
register of the Palazzo Pubblico, the Court and the Castelli.
The law takes effect in the form and within the limits established by Law
26 November 1914 n.
13. The entry into force of the law can not be inferior to five
days of publication.
The text of the law is entered in accordance with Law 26 November 1914 no
. 13 in the Official Bulletin of the Republic in its most
'forthcoming.
The text of the law reported in the Official Bulletin
replaces the text published in accordance with the second paragraph of this Article
. 15


A28 Art. 31 (Ratification of reggenziali Decrees)
The Council, on a proposal from the Government, shall subject to ratification
within three months of their issue the decrees issued by the Regency to
under Article. 3 of Law No 8 July 1974. 59.
The decrees are promulgated and published in accordance with Article 30
and take effect from the day of its publication.
The ratification is expressed normally with the vote of each
decree as a whole.
And 'right to each director to propose amendments to the decree
to be ratified.
If amendments are made, the decree is approved
as amended.
If the ratification is not granted or the bringing
amendments, are canceled acts done under the decree
not ratified.
The law will regulate the relationships which arose on the basis of decrees
not ratified or amended by the Council. 15


A28 Art. 32 (Council administrative acts)
The Council shall exercise the administrative powers provided by
law.
The Council's administrative act is expressed by
"deliberation" inserted in the Council minutes.
The Council's administrative deliberations buy
effectiveness through communication thereof by registered
care to the Secretary of State for Business Whole, which can occur even before
for keeping the minutes.
The Council's administrative proceedings, only for that portion
on the fulfillment of procedures, are subject to
preventive supervision of legality in accordance with the Law 27 July 1979
n. 55, and are also subject to judicial review in

Under Article. 5 of the Law of 5 June 1923 n. 13. TITLE IV OF DISCUSSION

Art. 33 (Subjects under discussion)
The Council debate and deliberation can take place only on
the matters on the agenda.
The Regency, except in some cases provided by this Act,
puts into question the arguments in the order they are presented
.
The Instances Petitions so should be discussed in the semestr dl sent
reggenziale in which they are presented.
The Bureau can not on the agenda of the Council
an object already rejected, earlier than three sessions
.
Art. 34 (Mode discussion of proposals)
The Regency for each item on the agenda:
1) introduces the discussion by reading the same paragraph
as the agenda;
2) invites the Directors who intend to speak on the subject
to register before discussions
at the Secretariat Office, which shall take note;
3) asked the rapporteur Director or presenter to perform
report on the issues discussed;
4) grants the right to intervene to the Councillors who have
registered to speak, which can waive this f culty,
ie lose their absence from the Chamber at the time when
is granted to them the word;
5) then gives the floor to the rapporteur for the int rvento replication
;
6) gives subscribers the right to a second brief intervention
for clarification on specific points of disagreement or
where clarification is required;
7) finally asked the rapporteur to carry out the conclusion of the debate
.
The Directors that during the debate are called upon to make a personal
may ask to speak at any stage of the discussion
.
In the discussion of the individual items in a bill,
the Directors may act either on the proposed texts, both
on the amendments.
Art. 35 (Topic for discussion)
The member who has the floor has to perform interventions
according to the subject under discussion.
Art. 36 (Discriminating)
Councillors can not be prosecuted nor taken to court
for any opinion, appreciation and affirmation made
within the Council and for any vote given nell'esrcizio
of their functions.
Art. 37 (Guidelines and Council commitments)
In its communications or of the matters under discussion
, each Director may request
through the formulation of specific agenda that
Council expresses its orientation and the commitments made in order
to the problem raised, provided that it is not possible to allow the
discussion with other institution established by this Regulation.
E 'on the faculty of the Regency, consulted if appropriate
the assembly and taking into account the nature and urgency
del'argomento, take a vote on the agenda or on the spot || | or in the next session.
The approval of an agenda, also
approval Instances of Arengo, produces the
FFECTS last paragraph of art. 20.
Art. 38 (House of Councillors Speeches)
Who performs interventions in the Council can not deal with topics
they are not on the agenda, nor read of absent councilors
speeches, or speak in their name.
The speaker addressed the speech to the Regency and the assembly;
can not be interrupted when speaking, not affect the right of the Regency
for points of order.
The Director may submit to the Secretariat the
written text of his speech and ask to complete verbalization.
Art. 39 (Conclusion of the debate)
After the debate, the Regency, if necessary, submit to a vote the object
it treated
clearly stating the terms of the vote, and then switches to the other rgomenti
'agenda.
During the vote no director can converse.

TITLE V VOTING Art. 40 (polling mode)
The Council takes its decisions, in principle, by secret ballot
.
The secret vote is expressed in cases and in the manner indicated below
:
1) for balls: it is the normal method of voting that is adopted for
any measure when by law or regulation does not
have provided different ways to vote, or when you experience
disagreements on the voting method.
With this method of voting, the Board introduced in a special urn
a white ball or black depending on whether it intends to or less
approve the proposal;
2) Board: the Regency adopts this method in any case
appointments entrusted to the Council.
The councilors in this hypothesis writing, on a special cheda
preordained by the Regency, voted the name, in a way

clear and intelligible.
The open vote is expressed in cases and in the manner indicated below here
:
a) by sitting and standing: the Regency resort to this method of
vote on issues that do not give rise to disagreements and
lack of requests otherwise by the Board Members.
The Regency requires the Directors to express approval or
standing up, or with a show of hands, proclaims
results after the counting of votes of the directors
approve or disapprove the proposal, with the declaration if the
proposal is approved or rejected by a majority or unanimously;
B) by roll call: the Regency adopts this do for me
vote are in the cases expressly provided for by law and in
case of the Government program approval.
In such cases the Office of the Secretariat, at the request of
Regency, invite individual members present to express
on the proposal to the vote.
The Director can speak with approval, disapproval or abstention
.
The voting manner specified in this Article may be
replaced with electronic mechanisms.
Art. 41 (Voting)
After the vote, the Secretary of the Verification Office
result by counting the number of Councillors present, the
voting members, the votes in favor, those against and
the number of abstentions or blank or void.
The result of the vote is to be transcribed by the
Secretariat in the appropriate form, signed by the members
itself and proclaimed the Regency.
The abstentions are not counted in the number of voters.
Any unused or spoiled ballot papers are considered to be votes against the proposal
.
Art. 42 (Duty of abstention)
The directors who have personal interest and directed on a
item on the votes have the duty to refrain from
vote and discussion.
Art. 43 (Voting plural)
When on the same draft resolution or the same article of law
are required more 'voting, must vote in general always the same
Councillors, however, affect the right of
abstain or be absent.
Art. 44 (Approval of the proposal)
Each proposal is considered approved if it obtains the favorable vote of the absolute majority of voters
Councillors ago ta
exception for cases in which the law provides for qualified majorities
.
Del quote the State Budget with s empowering
by art. 26 are put to the vote in the order: the
amendments on individual chapters, the revenue side, the part
outputs, the individual articles of the law of balance, the law of
financial statements as a whole.
Art. 45 (equality of votes)
A tied vote, the Council does not act, but the Bureau
puts the object vote to a later session also
immediately following.
Art. 46 (material errors)
The Secretariat Office by the Rated
decisions by the Council and already subject to publication or communication are
meeting the references in the Council minutes.
In the event of inconsistency, the Secretariat Office of the models and methods
enactment of Decree reggenziale containing the correzi any of the
material errors.
TITLE VI OF THE MINUTES
Art. 47 (Council Minutes)
Of the sessions of the Council, the Office of the Secretary oversees the drafting
:
a) the collection of the decisions taken (verbal re ssuntivo);
B) of the full minutes of the meeting (the minutes integral).
Art. 48 (summary report)
The collection contains the resolutions in the order all
decisions with enforceability and the text of
legal measures.
In this collection the Office of the Secretariat read out at the beginning of
a subsequent board meeting that to which the verbal is
relates; at the end of each Director you may domandre the word
for comments and corrections.
The minutes shall be signed at the bottom by the Secretariat and
by the Captains Regent.
Art. 49 (integral Minutes)
The full report containing all phases of the Council is
placed after its preparation in a special room adjoining the classroom Board
and can be consulted by the Board during the session
Board.
The Regency, at the beginning of each session, it announces such verbal
be consulted.
At the end of the session asks if there are observations and
adjustments to the full report.
The full report is drawn up on numbered sheets and branded and
is signed at the bottom by the Secretariat and the
Captains Regent.
Art. 50 (Consultation and extracts)
The resolutions adopted in secret session DRA reading
during a secret session.
Each director has the right to be on record his

Vote and the reasons thereof.
Each Director may consult the book of minutes of board meetings
at the Office of the Secretariat to ask themselves
extracts of the minutes, except for de iberazioni reserved
.
Art. 51 (Book of the minutes)
The minutes are written on special sheets, each having
stamp of the Interior Secretariat and signed by the Chancellor of the Bureau
or his replacement, numbered consecutively and collected
in volumes.
The signing of the Secretariat and the Office of the Captains Regent
is placed only in the bottom of the minutes of each sitting.
TITLE VII FINAL AND TRANSITIONAL
Art. 52 (Repeals and Transitional Provisions)
It 'council repealed the regulation of 7 July 1949 n. 41.
Extraordinary Council Commissions, already nominated and operating
upon the entry into force of this Act, are confirmed
and are subject to the provisions of this Regulation
.
The Council will proceed with the establishment of the Office
Secretariat in the first session after the entry into force of this Regulation
.
Art. 53 (Entry into force)
This Regulation shall enter into force after its publication
the leg.
Our Residence, this day of March 17
1981/1680 Foundation of the Republic THE CAPTAINS REGENT Gian Carlo Berardi - Rossano crocuses
THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Alvaro Selva