Act No. 162 / 2009 Coll.
Act amending Act No. 90 / 1995 Coll., on Rules of Procedure of the Chamber of Deputies, as amended, and Act No. 107 / 1999 Coll., as amended
Valid
Law
Effective from 01.12.2009
Text versions:
01.12.2009
09.06.2009
162
THE LAW
of 6 May 2009
amending Act No. 90 / 1995 Coll., on the Rules of Procedure of the Chamber of Deputies, as amended, and Act No. 107 / 1999 Coll., as amended
Parliament has decided on this law of the Czech Republic:
Amendment to Act No. 90 / 1995 Coll., on Rules of Procedure of the Chamber of Deputies, as amended
Act No. 90 / 1995 Coll., on the Rules of Procedure of the Chamber of Deputies, as amended by Act No. 47 / 2000 Coll., Act No. 39 / 2001 Coll., Act No. 78 / 2002 Coll., Act No. 192 / 2002 Coll., Act No. 282 / 2004 Coll., Act No. 359 / 2004 Coll., Act No. 482 / 2004 Coll., Act No. 167 / 2005 Coll., Act No. 205 / 2006 Coll., Act No. 573 / 2006 Coll., and Act No. 41 / 2009 Coll., is amended as follows:
1. in Article 50 (1) (za), Article 109a (1), (2) and (5) and in Article 109b (1), the words "the European Communities and" shall be deleted;
2. In Paragraph 109a, the following paragraph 6 is inserted after paragraph 5:
"(6) Where the resolution of the House or the resolution of the Committee referred to in paragraph 4 contains a position adopted and reasoned in a timely manner stating that the draft act of the European Union infringes the principle of subsidiarity, the President of the House shall immediately refer the resolution to the Government, the President of the Senate, the President of the European Parliament, the President of the Council and the President of the European Commission. ';
Paragraph 6 shall become paragraph 7.
3. Paragraph 109c (2) reads as follows:
"(2) Personnel nominations to the institutions of the European Union shall be discussed in the House before the Government takes a final decision on them."
4. The following Sections 109d to 109l are inserted after Section 109c, including the headings and footnotes 13a:
"Actions for infringement of the principle of subsidiarity by an act of the European Union
(1) The Committee on European Affairs or a group of at least 41 Members may, in writing, propose to the House to take a decision on the application for an action for infringement of the principle of subsidiarity by an act of the European Union (hereinafter referred to as the "motion for action"). The application shall contain the precise wording of the action to be decided by the House.
(2) The application shall be submitted to the President of the House at the latest on the 15th day before the expiry of the time limit for bringing an action under European Union law. The President of the House shall place an application on the agenda of the next meeting of the House in a timely manner and, where appropriate, shall convene a meeting of the House for consideration to enable the motion to be dealt with in a timely manner.
(3) The application shall be served on all Members at least 72 hours before the hearing in the House.
(1) If the House approves the application, it shall entrust the Member, or any other appropriate person or persons, with his representation in the proceedings before the European Court of Justice (hereinafter referred to as the "authorised representative"). The mandate shall not be linked to the duration of the Member's mandate.
(2) The authorised representative shall be bound by the text of the action; is not entitled to withdraw the action.
(3) If it finds reasons for doing so, the House may amend the mandate resolution in force.
(1) The President of the House shall immediately forward the resolution of the House containing the text of the action to the Government and to the President of the Senate for information.
(2) The Government shall bring the action without undue delay to the European Court of Justice.
(1) The government, the members of the government, the government agents and the heads of central and other public authorities shall provide the authorised representative with all the synergies necessary for the procedure.
(2) The authorised representative shall inform the Committee on European Affairs of the management procedure within the time limits and in a manner to be determined by the Committee.
The position of the House as a party to proceedings before the European Court of Justice and the position of an authorised representative shall not be affected by the expiry of the parliamentary term of the House or by its dissolution.
Prior consent by the House to certain decisions taken in the institutions of the European Union
Without the prior consent of the House, the Czech Republic cannot be agreed to the vote
(a) in the European Council when making decisions pursuant to Article 31 (3) of the Treaty on European Union;
(b) in the European Council when deciding to amend the provisions of Part Three of the Treaty on the Functioning of the European Union pursuant to Article 48 (6) of the Treaty on European Union,
(c) in the European Council, when deciding on the application of the ordinary legislative procedure or by qualified majority in accordance with Article 48 (7) of the Treaty on European Union,
(d) in the Council, when deciding on the determination of aspects of family law with an international element which may be the subject of acts adopted under the ordinary legislative procedure, pursuant to Article 81 (3) of the Treaty on the Functioning of the European Union,
(e) in the Council or, where appropriate, the European Council, when deciding on further cases of application of the ordinary legislative procedure or of decision-making by qualified majority in accordance with Articles 153 (2), 192 (2), 312 (2) and 333 (1) and (2) of the Treaty on the Functioning of the European Union,
(f) in the Council, when deciding on appropriate measures to achieve the objectives set out in the Treaties on which the European Union is founded, in accordance with Article 352 of the Treaty on the Functioning of the European Union, not on the measures necessary for the functioning of the internal market.
(1) The Government shall submit a proposal to give its prior consent to the House in accordance with Rule 109i without undue delay to allow it to be discussed in the House in a timely manner; not later than the date of notification of the draft decision of the European Union institution to the parliaments of the Member States in accordance with the procedure laid down by European Union law.
(2) The Government shall submit the proposal with a valid text of the relevant provisions of European Union law, indicating the proposed amendments and additions and its opinion on them.
(3) The Government submits the proposal to the President of the House. The Government's proposal shall be forwarded without delay to all Members. The President of the House shall order him to discuss the Committee on European Affairs and shall set him a reasonable time limit which shall not be less than 5 days.
(4) After consideration of the proposal by the Government, the Committee on European Affairs shall submit a resolution to the President of the House, in particular recommending whether the House should give its prior consent under Rule 109i.
(5) The resolution of the committee and, where appropriate, the opposing report shall be delivered to all Members at least 24 hours before the beginning of the discussion of the Government's proposal in the House. The Government's proposal may be discussed in the House even if the committee does not adopt a resolution within the prescribed time limit.
(6) The President of the House shall place the Government's proposal on the agenda of the next meeting of the House, or, if necessary, shall convene a meeting of the House to discuss it in a timely manner.
(7) The House shall decide on a proposal from the Government under Article 109i (a), (b), (e) and (f) without undue delay. In the cases referred to in paragraphs 109i (c) and (d), the House shall decide on the Government's proposal within a period of 6 months from the date of notification of the draft decision of the European Union institution to the parliaments of the Member States in accordance with the procedure laid down by European Union law.
(1) In the debate, only a motion for refusal or a motion to postpone the consideration of the Government's proposal may be put forward.
(2) At the end of the debate, the House shall first vote on a motion for refusal. If the House does not accept a motion to reject or if such a proposal has not been made, the House shall decide whether it is in agreement with the Government's proposal.
(3) The President of the House shall immediately inform the Government and the President of the Senate of the outcome of the discussion.
(4) In the cases referred to in paragraphs 109i (c) and (d), the timely rejection by the House of the proposal by the Government is deemed to constitute opposition to such a draft decision by the European Union institution in the manner foreseen by European Union13a). The President of the House shall immediately inform the Government, the President of the Senate, the President of the Council, the President of the European Council and the President of the European Commission thereof.
Declaration of consent by the House to a decision of the European Council amending the provisions of Part Three of the Treaty on the Functioning of the European Union
(1) The consent of the House is required to approve a decision of the European Council pursuant to Article 48 (6) of the Treaty on European Union amending the provisions of Part Three of the Treaty on the Functioning of the European Union.
(2) The proposal for the consent of the House to a decision of the European Council under paragraph 1 shall be submitted by the Government. The European Council Decision shall be submitted with the text in force of the relevant part of the Treaty on the Functioning of the European Union, indicating the proposed amendments and additions. The provisions governing the negotiation of international agreements shall be applied mutatis mutandis when discussing the Government's proposal in the House.
(3) The President of the House shall immediately inform the Government and the President of the Senate of the outcome of the discussion.
13a) Article 48 (7) of the Treaty on European Union. Article 81 (3) of the Treaty on the Functioning of the European Union. '
Paragraph 109d is renumbered Article 109m.
5. In Section 121, at the end of the text of paragraph 1, the words "and the Government's proposal under Section 109i 'shall be added.
Amendment to Act No. 107 / 1999 Coll., on the Rules of Procedure of the Senate, as amended
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. and Act No. 625 / 2006 Coll., is amended as follows:
1. The heading of Part Twelve is replaced by the heading "CONSIDERATION OF THE EUROPEAN UNION '.
2. Paragraph 119a (3), including footnote 34a, reads:
"(3) The Senate shall also discuss the documents referred to the Senate directly by the institutions of the European Union34a) and other matters relating to the European Union, where provided for by this law.
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 Paragraph 119d (2), the second sentence is replaced by the following: "This shall not apply unless the Senate concludes negotiations on a draft legislative act within a time limit which, under European Union law, must elapse between the publication of a draft legislative act to the parliaments of the Member States in the official languages of the European Union and its inclusion on the provisional agenda of the Council of 34b."
Footnote 34b reads:
"34b) Article 4 of the Protocol on the role of national parliaments in the European Union."
4. In Article 119f (3), the third sentence shall be replaced by the sentence "The President of the Senate shall place such a proposal on the agenda of the next meeting; if a draft legislative act is pending in the light of Article 119d (2), the President of the Senate shall convene the meeting in such a way as to start no later than the third day before the expiry of the period laid down by European Union34b."
5. The following Section 119i to 119s is inserted after Section 119h, which includes the headings and footnote 34c:
"Negotiations of the Senate on documents referred to the Senate directly by the European Union institutions
(1) The resolution of the Senate on a document forwarded directly to it by the European Union34a) will be sent by the President of the Senate to that institution and to other bodies of the European Union, as decided by the Senate.
(2) The President of the Senate always informs the Government and the President of the Chamber of Deputies about the Senate's comments on a document forwarded directly to him by the institution of the European Union.
(3) The Senate's comments on the document referred to it directly by the institution of the European Union do not obstruct the Senate's comments on the position of the Government on the document. This also applies to any further comments on the amended document.
Unless otherwise provided for in § 119i, the proceedings of the Senate on documents referred to the Senate shall apply directly to the institutions of the European Union by analogy with § 119c to 119h, whereas the deadline laid down in § 119d (1) may be extended accordingly by the committee responsible.
Previous assent of the Senate to certain decisions taken in the European Union institutions
Without the prior approval of the Senate, the Czech Republic cannot be agreed to the vote
(a) in the European Council when making decisions pursuant to Article 31 (3) of the Treaty on European Union;
(b) in the European Council when deciding to amend the provisions of Part Three of the Treaty on the Functioning of the European Union pursuant to Article 48 (6) of the Treaty on European Union,
(c) in the Council or, as the case may be, the European Council, when deciding on further cases of the application of the ordinary legislative procedure or of decisions by qualified majority in accordance with Articles 153 (2), 192 (2), 312 (2) and 333 (1) and (2) of the Treaty on the Functioning of the European Union,
(d) in the Council, when deciding on appropriate measures to achieve the objectives set out in the Treaties on which the European Union is founded, in accordance with Article 352 of the Treaty on the Functioning of the European Union, not on the measures necessary for the functioning of the internal market.
(1) The Government submits to the Senate a draft decision under § 119k together with its opinion.
(2) The President of the Senate shall circulate such a proposal without delay to all Senators, order it to the committee responsible for discussing draft legislative acts and shall set a reasonable time limit for its consideration; the period shall not be less than 5 days. The authorisation of the committee responsible provided for in Paragraph 119d (4) shall apply mutatis mutandis.
(3) Only a motion for a continuance may be tabled in the debate at the meeting of the committee responsible; Such a proposal shall include a period within which the draft decision pursuant to Article 119k must be reincluded on the agenda of the Senate meeting. If a motion for a continuance has not been tabled or has not been adopted, the committee responsible shall vote on the recommendation that the Senate give its assent to the draft decision under Paragraph 119k.
(4) The President of the Senate shall place the draft decision under Paragraph 119k on the agenda of the next meeting of the Senate and, if necessary, shall convene a meeting of the Senate to allow for timely discussion of the proposal.
(5) Only a postponement motion may be lodged in the debate when the Senate is sitting; Such a proposal shall include a period within which the draft decision pursuant to Article 119k must be reincluded on the agenda of the Senate meeting. If the motion for a continuance has not been tabled or has not been adopted, the Senate shall vote on whether or not it agrees to the draft decision under Paragraph 119k.
(6) The President of the Senate shall immediately inform the Government and the President of the Chamber of Deputies of the outcome of the Senate proceedings.
Without the prior approval of the Senate, the Czech Republic is also unable to give its consent in the vote
(a) in the European Council, when deciding on the application of the ordinary legislative procedure or by qualified majority in accordance with Article 48 (7) of the Treaty on European Union,
(b) in the Council, when deciding on the determination of aspects of family law with international implications which may be the subject of acts adopted under the ordinary legislative procedure, pursuant to Article 81 (3) of the Treaty on the Functioning of the European Union.
(1) The Government submits an opinion to the Senate on the draft decision pursuant to Paragraph 119m immediately after its referral to the parliaments of the Member States.
(2) The following proposals may be submitted in the debate at the meeting of the committee responsible:
1. motion for a continuance; such a proposal shall include a time limit within which the draft decision pursuant to Article 119m must be reincluded on the agenda of the Senate meeting;
2. Motion to disagree.
If none of the proposals were submitted or were not adopted, the committee responsible shall vote on the recommendation that the Senate give its assent to the draft decision under Paragraph 119m in case it is decided within the institution of the European Union referred to in Section 119m.
(3) The following proposals may be made in the debate at the Senate:
1. motion for a continuance; such a proposal shall include a time limit within which the draft decision pursuant to Article 119m must be reincluded on the agenda of the Senate meeting;
2. Motion to disagree.
If none of the proposals have been submitted or were not adopted, the Senate shall vote on whether the draft decision under Paragraph 119m gives its consent in case it is decided in the European Union institution referred to in Section 119m.
(4) The draft decision under Paragraph 119m is rejected if the Senate disagrees with it within six months of its referral to the parliaments of the Member States. The President of the Senate shall immediately 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 thereof.
(5) Unless otherwise provided for in paragraphs 1 to 4, Article 119l shall apply mutatis mutandis to the negotiation of a draft decision pursuant to § 119m.
Negotiations by the Senate on amendments to the provisions of Part Three of the Treaty on the Functioning of the European Union adopted in accordance with the simplified procedure
The decision of the European Council to amend the provisions of the third part of the Treaty on the Functioning of the European Union pursuant to Article 48 (6) of the Treaty on European Union shall be dealt with by the Senate as an international treaty.
Actions for infringement of the principle of subsidiarity by a European Union legislative act
(1) The motion for the Senate to bring an action relating to a breach of the principle of subsidiarity by legislative act under European Union law (hereinafter referred to as the "application") 34c) is entitled to bring a committee by delegation or a group of at least 17 senators. The application shall contain the text of the action on which the Senate is to act.
(2) The application shall be submitted to the President of the Senate, who shall circulate it without delay to all Senators and Senators' Clubs and shall place it on the agenda of the next Senate meeting so that it can be discussed no later than 10 days before the expiry of the period laid down by European Union law.
(3) The relevant member of the Government shall always be invited to hear the application.
(1) If the Senate approves the application, it shall entrust the Senator and, where appropriate, the other appropriate person with its representation in the proceedings before the European Court of Justice.
(2) If it finds reasons for doing so, the Senate may amend the delegation resolution.
(1) The President of the Senate shall, without delay and not later than 3 working days before the expiry of the period laid down by European Union law, deliver the order of the Senate to approve the application, together with the text of the action, to the Government which shall forward it to the European Court of Justice in order to comply with the time limit laid down.
(2) The President of the Senate shall also send the order and text of the action referred to in paragraph 1 to the President of the Chamber of Deputies and to the government representative of the Czech Republic before the European Court of Justice.
The government representative for the representation of the Czech Republic before the European Court of Justice provides all the necessary synergies between the parties in the proceedings, without prejudice to their relationship with the Government and its opinion on the subject matter.
(34c) Article 8 of the Protocol on the application of the principles of subsidiarity and proportionality. "
EFFECTIVE
This law shall take effect on the date of the entry into force of the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community. If the international agreement referred to in the first sentence enters into force before the date of the publication of this law, this law shall become effective 30 days after the date of its publication.
Wolf
Fischer v. r.
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Regulation Information
| Citation | Act No. 162 / 2009 Coll., amending Act No. 90 / 1995 Coll., on the Rules of Procedure of the Chamber of Deputies, as amended, and Act No. 107 / 1999 Coll., as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.06.2009 |
|---|---|
| Effective from | 01.12.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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