Act No. 16 / 2015 Coll.
Act amending Act No. 107 / 1999 Coll., on the Rules of Procedure of the Senate, as amended
Valid
Effective from 19.02.2015
16
THE LAW
of 14 January 2015
amending Act No. 107 / 1999 Coll., on the Rules of Procedure of the Senate, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 107 / 1999 Coll., on the Rules of Procedure of the Senate, as amended by Act No. 78 / 2002 Coll., Act No. 172 / 2004 Coll., Act No. 625 / 2006 Coll., Act No. 162 / 2009 Coll. and Act No. 275 / 2012 Coll., are amended as follows:
1. In the second sentence of Article 71 (2), the word "special 'is deleted.
2. In the third sentence of Paragraph 105, the words' or, where appropriate, the justification 'are inserted after the words' amendments'.
3.
After speaking to the rapporteur, if the recommendation of the Committee does not contain a proposal for the Senate to express its willingness not to deal with the bill, it will call on the President of the Senators to state whether they wish to make such a proposal. If such a proposal has been included in the recommendation of the Committee or has been tabled, it shall be put to the vote without debate. A motion may not be put to the vote if at least one Senate club or at least 10 Senators object. If there was a proposal for the Senate to express its willingness not to deal with the bill, it is accepted that the Senate's negotiations on the bill are over. "
4. In Paragraph 109 (1), at the end of the first sentence, the words "and with justification 'shall be added.
5. The following Section 120a is inserted after Section 120, including footnote 34d:
(1) The draft legislative measure of the Senate must contain a precise wording of what the Senate is to decide.
(2) A reasoned report is part of the Senate's draft legal action. The general part of the explanatory memorandum contains a statement that the proposed legislation does not include matters whose regulation by the Senate's statutory measures excludes the Constitution and a justification for why its adoption cannot be deferred 34d). In addition, the general part of the explanatory memorandum contains an assessment of the legal situation in force, a justification of the main principles of the proposed legislation, an explanation of the necessity of the proposed legislation as a whole, an assessment of the compliance of the proposed legislation with the constitutional order of the Czech Republic and with the international treaties by which the Czech Republic is bound, an assessment of the compatibility of the proposed legislation with European Union rules and the expected economic and financial scope of the proposed legislation, in particular the requirements of the state budget and budgets of regions and municipalities. A specific part of the explanatory memorandum explains the content of the individual provisions of the proposed legislation.
(3) Together with the draft statutory measure of the Senate, the Government will also submit a draft implementing regulation to be issued on the basis of the authorisation contained in the draft legislative measure of the Senate and should take effect at the same time.
(4) If the Senate's draft legislative measure contains a draft amendment to the law, the government shall also submit the text of the law in force or part of it to which the amendment relates, indicating the proposed amendments.
34d) Article 33 (1) and (2) of the Constitution. ';
6. In Paragraph 122, the following paragraph 4 is inserted after paragraph 3:
"(4) Where only amendments have been tabled to the draft statutory measure of the Senate to correct legislative technical, grammatical and typing errors, the Senator may propose that they be put to the vote without the interruption of the Senate proceedings provided for in paragraph 3, second sentence; the Senate shall decide on such a proposal without debate. ';
Paragraphs 4 and 5 shall become paragraphs 5 and 6.
7. The following Sections 130a to 130c are inserted after Section 130:
"Negotiations on bills returned by the Senate Chamber of Deputies as draftsman to complete
(1) If the Chamber of Deputies returns the Senate Bill as a draftsman, the President of the Senate will place it on the agenda of the next Senate meeting.
(2) The bill returned will be presented by the Senator in charge of the Senate to justify the bill when it is discussed in the Chamber of Deputies. If an authorised Senator is not present, the Senate shall designate the Senator giving back the bill. Thereafter, a debate shall be opened in which it may be proposed that the bill returned be approved, rejected, adjourned or ordered to renegotiate; proposals shall be put to the vote in that order.
(3) If the Senate orders the committee to renegotiate the draft bill, it shall at the same time determine who will act as draftsman in the Senate and its institutions.
(4) Save as otherwise provided for by the Senate, the time limit for reconsideration of the bill returned in committee shall be 30 days.
The Committee shall, mutatis mutandis, act in accordance with Section 129 when negotiating the returned bill.
After consideration of the bill returned by the committee, or after expiry of the deadline for re-inclusion of the bill returned on the agenda of the Senate meeting, the Senate shall, mutatis mutandis, discuss the bill returned under Paragraph 130. '
8. In Section 131, the words "up to 130 'are replaced by the words" up to 130c', and after the words "draft laws' are inserted the words" or on returned bills'.
9. Part 20, including the title and footnotes 48 and 49, read:
PETICE AND OTHER ADMINISTRATION OF CITIZENS
Petitions
(1) Petitions addressed to the Senate, its bodies and officials shall be forwarded to the Committee responsible for handling petitions. It shall assess whether the submission complies with the requirements laid down in special legislation48). If a petition signed by at least 10 000 persons is received, the Committee to which the petition is due shall notify the Organising Committee.
(2) The Committee which is responsible for handling petitions will decide whether to hear the petitioner or those representing the members of the petition committee (49) and whether to inform the competent member of the government or, where appropriate, the head of another administration or a representative of the local authority of the content of the petition.
(3) The Committee to which petitions are due may request an opinion on the petition within a time limit agreed by the Chairman of the Committee to which petitions are due with the President of the requested body of the Senate.
(4) After the investigation, if there are fewer than 10 000 persons who have signed a petition, the committee responsible for handling petitions shall inform the petitioner. In its reply, it shall give its opinion on the contents of the petition and inform the Commission of the manner in which it is handled.
(1) Where a petition is signed by at least 10 000 persons, its discussion shall be placed on the agenda of the next meeting of the Senate after the committee responsible for handling petitions has notified the Organising Committee that the inquiry into such petition has been completed. The notification shall include the name of the rapporteur, the name of the representative of the members of the petition committee (49), and the names of the natural persons and representatives of legal persons, administrative offices or local authorities considered by the Committee to be concerned by the petition.
(2) When the petition referred to in paragraph 1 is initiated, the President shall notify the name of the representative of the petition committee (49). Such a person shall have the right of access to the Chamber and the right to speak in the debate on the petition in question, no more than twice and no more than 10 minutes, unless the Senate provides otherwise. If the Senate so decides, the same rights shall apply to other persons whose names are given by the Committee to which the petitions are due in its notification pursuant to paragraph 1.
(3) The discussion of the petition referred to in paragraph 1 at the meeting of the Senate shall be initiated by the rapporteur to the committee responsible for handling the petitions, who shall inform the Senate of the contents of the petition and of the course and results of the investigation carried out and propose the manner in which it is to be dealt with. After that, the President will start the debate.
(4) The discussion of the petition referred to in paragraph 1 at a meeting of the Senate shall be terminated by voting on the resolution by which the petition is handled by the Senate or returned to the committee responsible for handling the petitions.
(5) The President of the Senate shall inform the petitioner of the outcome of the Senate proceedings.
(1) A report on the petitions received, their content and the procedure for dealing with petitions shall be submitted to the Senate by the Committee responsible for the handling of petitions. In particular, the report shall indicate who submitted the petitions, when they were delivered, what they concerned and how, when and by whom they were discussed and dealt with. Unless otherwise provided for by the Senate, the Committee to which petitions are due shall submit such a report no later than 15 February each year for the preceding calendar year.
(2) The Senate may request a report on the content and procedure of petitions and, where appropriate, the handling of individual petitions from the Committee to which the petitions are to be handled at any time.
Other submission of citizens
Submissions which are not petitions shall, depending on the nature of the matter, be dealt with by the Committee to which the petitions are to be dealt with or forwarded to the relevant committees or commissions, or forwarded to the competent authorities or institutions. The author shall always be informed of the work or assignment.
48) Act No. 85 / 1990 Coll., on Petitions Law.
49) § 3 of Act No. 85 / 1990 Coll. '
10. In Annex 1, on page 2, the sentence "The holder of the licence is entitled to use public public transport funds free of charge, except air transport 'is deleted.
Efficacy
This Law shall take effect on the 20th day following that of its publication, with the exception of Article 5 (1) (a) (ii) thereof. I, point 10, which shall take effect on the 50th day following that of its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 16 / 2015 Coll., amending Act No. 107 / 1999 Coll., on the Rules of Procedure of the Senate, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.01.2015 |
|---|---|
| Effective from | 19.02.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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