What is Act No. 172 / 2004 Coll.?

Act No. 172 / 2004 Coll., amending Act No. 107 / 1999 Coll., on the Rules of Procedure of the Senate, as amended by Act No. 78 / 2002 Coll. — Act amending Act No. 107 / 1999 Coll., on the Rules of Procedure of the Senate, as amended by Act No. 78 / 2002 Coll..

When it became Act No. 172 / 2004 Coll. effectiveness?

Act No. 172 / 2004 Coll. became effective 01.05.2004.

Is Act No. 172 / 2004 Coll. still valid?

Yes, Act No. 172 / 2004 Coll. is still valid and effective.

Act No. 172 / 2004 Coll. - Act amending Act No. 107 / 1999 Coll., o...

172

THE LAW

of 26 March 2004

amending Act No. 107 / 1999 Coll., on the Rules of Procedure of the Senate, as amended by Act No. 78 / 2002 Coll.

Parliament has decided on this law of the Czech Republic:

Čl. I

Act No. 107 / 1999 Coll., on the Rules of Procedure of the Senate, as amended by Act No. 78 / 2002 Coll., is amended as follows:

1. In Paragraph 13 (3), the following sentence is inserted after the second sentence: "Where a request for approval of a criminal prosecution of a senator or a notification of the detention of a senator is made by multiple acts, the Mandate and Immune Committee shall submit a motion for a decision and the Senate shall decide on each of them separately."

2. In Paragraph 36 (3), the first sentence shall be replaced by the sentence "The Senate shall determine which committee or committees shall be responsible for discussing draft legislative acts and binding measures of the institutions of the European Union, which committee shall be responsible for handling petitions and which committee shall be responsible for establishing certain formalities relating to the performance of the duties under a special law."

3. Paragraph 37 (1) reads:

"(1) The Senator shall be obliged to be a member of one committee. A member of the next committee may only be a member of a committee if it is a member of an organisation or a committee of mandates and immunities. Paragraph 10 is without prejudice to this. '

4. In Paragraph 40 (3) (c), the words "requiring consent 'are replaced by the words" the ratification of which requires the consent of both chambers' and the words "unless otherwise provided for by this law 'are added at the end of the text.

5. In Paragraph 48 (1), the first sentence is replaced by "Proposals for candidates for the election of the President of the Senate, Vice-Presidents of the Senate, Committee Chairs and Senate Commissions shall be submitted to the Election Commission in writing by the Senate Clubs or Senators."

6. In the second sentence of Paragraph 55 (1), the words' requiring the consent of Parliament 'are replaced by' requiring the approval of both chambers of Parliament to ratify them '.

7. In Paragraph 55 (1), the third sentence is replaced by "The Senate may decide otherwise."

8. Paragraph 57 (2) and (3) read:

"(2) The Senate shall decide on the programme or, where appropriate, on a proposal to amend it or change the way in which the item is discussed.

(3) The approved programme may be amended only exceptionally during a meeting of the Senate. An amendment to the approved agenda of the Senate meeting may not be discussed if at least one Senate Club or 10 Senators object. '

9. In the second sentence of Paragraph 57 (5), the words "and further negotiations on it 'are replaced by the words" for a certain period during the meeting'.

10. In Paragraph 59 (1), the third and fourth sentences are replaced by the following: "If this deadline has not been observed, the Senator may, before the debate begins, propose that this item be moved to the agenda for a period after the deadline. The Senate shall decide on the proposal to move the item to the agenda without debate. '

11. In Paragraph 60, the following paragraph 3 is inserted after paragraph 2:

"(3) The proposal referred to in paragraph 2 (c) shall contain a time limit within which the case must be reincluded on the agenda of the Senate. The adjourned cases shall be renegotiated in accordance with the procedure laid down for the agenda item of the Senate meeting. ';

Paragraphs 3, 4 and 5 shall be renumbered paragraphs 4, 5 and 6.

12. in Paragraph 60 (4):

"(4) The resolutions adopted on the basis of the proposals referred to in paragraph 2 (c), (e) and (f) may be renewed. The resolution adopted on the basis of the proposal referred to in paragraph 2 (d) may be renewed after the expiry of the deadline laid down by the Senate body for submitting an opinion. Only those who have voted in favour of the motion for a resolution may submit a motion for renewal."

13. In Paragraph 71 (2), the first sentence is replaced by the sentence "The draft laws, the statutory measures of the Senate, the assent to the ratification of international treaties, the declaration of the state of war and the state of threat, the extension and cancellation of the emergency state, the consent to the residence of armed forces of other states in the territory of the Czech Republic and the consent to the deployment of armed forces of the Czech Republic outside the Czech Republic shall be put to the vote in public."

14. In the first sentence of Paragraph 88 (2), "all 'is deleted.

15. in Paragraph 89 (2), the word "competent" shall be inserted after the word "members."

16. In the second sentence of Paragraph 91 (1), the words "supplementing or 'are deleted.

17. in the first sentence of Paragraph 91 (2), the word 'all' shall be deleted;

18. In Paragraph 92 (2), the word "all 'is deleted.

19. In Paragraph 93 (2), the first sentence is replaced by the sentence "The Committee shall be competent to give a quorum in the presence of an absolute majority of its members."

20.

„§ 96

Paragraph 50 (4), § 57 (5), § 58 to 60, § 62, § 64 (4), § 65 to 69, § 71 to 84 on the Senate meeting shall apply mutatis mutandis, with all resolutions of the Committee being renewable. Only those who have voted in favour of the motion for a resolution may submit a motion for renewal. "

21. After Paragraph 97, the following Section 97a is inserted:

„§ 97a

Subcommittee meetings

The provisions concerning meetings of the subcommittee shall apply mutatis mutandis. ';

22. in Paragraph 98 (2), "3" is replaced by "5."

23. in Article 98 (3), the second sentence is deleted;

24. In Paragraph 104, the fifth sentence is deleted.

25. In Paragraph 104, the sixth sentence is replaced by the sentence "The same applies to joint resolutions adopted at a joint committee meeting."

26.

„§ 105

The rapporteur of the Guarantee Committee shall draw up a joint reporting report for the Senate meeting, if the rapporteurs of all committees which discussed the draft law so agree. The joint report contains recommendations from committees which discussed the draft law. The joint report shall include an overview of all amendments, if they have been recommended. The other rapporteurs of the committees that discussed the bill also participate in the preparation of the joint report. If the recommendations of all Senate committees are identical, the rapporteur for the draft law is the rapporteur of the Guarantee Committee at the Senate meeting. If the recommendations of the committees are different, the joint rapporteur of the guarantee committee shall present a joint report at the Senate meeting, and different recommendations may be justified by the rapporteurs of the individual committees. '

27. In Paragraph 108 (1), the second sentence is replaced by the following: "Proposals resulting from the resolutions of the committees on the draft law under consideration shall also be regarded as proposals."

28. In the first sentence of Paragraph 109 (1), the words' which shall be submitted simultaneously in writing 'shall be inserted after the words' amendments'.

29. In Paragraph 109 (1), the second sentence is replaced by the sentence "Amendments resulting from the resolutions of committees on the draft law under discussion shall also be regarded as proposals."

30. Paragraph 109 (2) reads as follows:

"(2) Where an amendment which is not included in the annex to the resolution of any committee has been tabled and if the chairman of a committee or rapporteur of the guarantee committee so proposes, the Senate's deliberations on the draft law shall be suspended for the time strictly necessary for the Committee to take an opinion on the amendment to the Senate. The Senate shall decide on the proposal of the Chair of the Committee or the Guarantee Rapporteur to determine the time of the suspension without debate. '.

31. In Paragraph 110, at the end of paragraph 1, the sentence "On a proposal from the rapporteur of the Guarantee Committee, the Senate may decide on a different voting procedure without debate."

32. In Paragraph 110, the following paragraphs 2 and 3 are inserted after paragraph 1:

"(2) The Senator who tabled the amendment may specify it before the vote. Any Senator may submit such a clarification of the amendment if the Senator who made the amendment agrees.

(3) Before voting on any amendment, the appellant may comment on it; the rapporteur shall inform the Guarantee Committee of the outcome of the negotiations of the committees which discussed the amendment. ';

Paragraph 2 shall become paragraph 4.

33. Part Eight, including the title, reads:

„ČÁST OSMÁ

ARRANGEMENTS ON THE PROPOSALS OF THE CONSTRUCTION AND APPROACH TO WHICH IT IS TAKEN TO BE APPROVED BY THE SUSPENSION AND SENATOR

§ 113

For negotiations on draft constitutional laws and laws, which need to be approved by the Chamber of Deputies and the Senate, the provisions on the negotiation of draft laws apply mutatis mutandis, with the fact that no proposal can be made for the Senate to express the will not to deal with the draft law. "

34) footnote 28) shall be deleted;

35. the ninth part, including the title and footnote 29) shall be deleted;

36. Part ten, including the title, reads:

„ČÁST DESÁTÁ

ARRANGEMENTS ON INTERNATIONAL CONTRACTS

§ 115

The Senate shall discuss international treaties where the agreement of the two chambers of Parliament is needed to ratify them or if it is to be withdrawn from the Treaty for which Parliament has given its consent. The international treaty is presented to the Senate in at least one authentic language and Czech translation.

§ 116

(1) The President of the Senate shall immediately forward the international agreement submitted by the Senate to the Organising Committee and circulate it to all Senators and Senators' Clubs.

(2) The Organising Committee shall, at the next meeting following the presentation of an international agreement, order this Treaty to the Committee or, where appropriate, to committees and recommend to the President of the Senate that the Treaty be included on the agenda of the Senate meeting.

(3) If the Organising Committee orders more than one of the Committees, it shall determine which of them shall be guaranteed by the Committee.

(4) The petitioner may withdraw the international treaty until the Senate has taken a vote on it.

§ 117

(1) The time limit for consideration of an international treaty in committees shall be 60 days from the decision on its commandment to the committee for consideration.

(2) The time limit referred to in paragraph 1 may be shortened or extended by a maximum of 30 days, unless the Senate decides otherwise. Only with the consent of the petitioner can the deadline be extended by more than 30 days.

§ 117a

Committee deliberations

(1) The following proposals may be made during the discussion of the Committee on an international treaty:

1. a proposal to assess the conformity of the international treaty with the constitutional order;

2nd motion to adjourn.

(2) The proposals referred to in paragraph 1 shall be put to the vote in the order indicated therein.

(3) If none of the proposals referred to in paragraph 1 has been submitted or adopted, the Committee shall vote on a recommendation that the Senate give its consent to ratify the international treaty.

§ 117b

Negotiations of the Senate

(1) The following proposals may be made in the debate when the Senate is negotiating an international treaty:

1. a proposal to assess the conformity of the international treaty with the constitutional order;

2. a proposal to return the international agreement to the Committee for reconsideration,

3rd motion to adjourn.

(2) The proposal referred to in paragraph 1 (2) shall specify the committee or committees to be referred back to for reconsideration; the deadline for reconsideration in committee shall be no more than 30 days after its return by the Senate. The proposal referred to in paragraph 1 (3) shall include a period within which the international treaty must be reincluded on the agenda of the Senate meeting.

(3) The proposals referred to in paragraph 1 shall be put to the vote in the order indicated therein.

(4) If the proposal referred to in paragraph 1 (1) has been adopted, the negotiations of the Senate on an international treaty shall be suspended until the next meeting following the announcement of the Constitutional Court's finding.

(5) If none of the proposals referred to in paragraph 1 has been tabled or adopted, the Senate shall vote on whether it gives its consent to ratify the international treaty.

(6) The President of the Senate shall inform the President of the Chamber of Deputies, the President of the Republic and the Government of the outcome of the Senate negotiations on the international treaty.

§ 117c

The negotiation of the application for withdrawal from the international treaty shall be conducted in accordance with the provisions of paragraphs 116 to 117b, mutatis mutandis, with the failure to submit a proposal to assess the conformity of the international treaty with the constitutional order. ';

(37) footnote 30 shall be deleted;

38. In Paragraph 118, the title is inserted under the title of the section, which reads: "Short negotiations on bills'.

39. in Paragraph 118, paragraphs 4 and 6 are deleted;

Paragraph 5 shall become paragraph 4.

40. In Article 118 (4), the words "paragraphs 1 to 4 'are replaced by the words" paragraphs 1 to 3' and part of the sentence after the semicolon, including the semicolon, is deleted.

41. The following Paragraph 118a is inserted after Paragraph 118, which includes the title:

„§ 118a

Short negotiations on international treaties

(1) In exceptional circumstances, in particular where the fundamental rights and freedoms of citizens or the security of the State are significantly threatened or where the State is in danger of significant economic damage, the President of the Senate may, at the request of the petitioner, decide that the international treaty will be negotiated in abridged negotiations.

(2) Article 118 (2) and (3) shall apply mutatis mutandis to the abbreviated negotiations on an international agreement.

(3) Before discussing an international treaty, the Senate shall assess whether the conditions for abridged negotiations are met. If they do not find the reasons for the emergency procedure, the international agreement will not be negotiated in the abridged negotiations. Otherwise, it shall proceed in accordance with the provisions governing negotiations on international agreements. ';

42. The following part shall be inserted after Part 11:

„ČÁST DVANÁCTÁ

CONSIDERATION OF THE SENATE WITH GOVERNMENT IN QUESTIONS RELATING TO THE UNDERTAKINGS RELATING TO THE MEMBER REPUBLIC IN THE EUROPEAN UNION

§ 119a

(1) The Senate shall discuss matters relating to the obligations arising from the membership of the Czech Republic in the European Union, to which it shall be informed regularly and in advance by the Government pursuant to Article 10b (1) of the Constitution. In particular,

(a) the report on the development of the European Union over the past period and its further development, which the government submits at least once a year;

(b) a report on the acceptance by the Government of commitments arising from membership of the European Union into the legal order, in particular on the implementation of legislative acts requiring transposition at least once a year;

(c) preliminary information by the Government on the agenda of the European Council and subsequent information on its results;

(d) information from the Government on the opening and conduct of negotiations on the amendment of the Treaties on which the European Union is founded;

(e) draft legislative acts of the European Union which the Government submits without undue delay after being referred to it by the European Commission or another institution of the European Union;

(f) the preliminary opinions submitted by the Government on the draft legislative acts of the European Union.

(2) Furthermore, the Senate is discussing proposals for binding measures by an institution of the European Union, up-to-date information and opinions of the Government on legislative acts or other European Union documents, including information on the state of their deliberations submitted to it by the Government on its initiative or at the request of the Senate or its committee responsible for discussing draft legislative acts and binding measures by the institutions of the European Union (hereinafter referred to as the "committee responsible").

(3) The Senate also deals with documents referred to the Senate directly by the institutions of the European Union, in particular communication documents.

§ 119b

The committee responsible shall keep a record of the draft legislative acts and binding measures of the institutions of the European Union, as well as of the documents referred to the Senate directly by those bodies, made available to the other bodies of the Senate and the Senators.

§ 119c

Members of the European Parliament elected in the Czech Republic may attend meetings of the committee with an advisory vote; they may make comments and make proposals on the matter.

Negotiations of the committee responsible

§ 119d

(1) The committee responsible shall decide, within 5 working days of notification on a proposal from its chairman, whether to take note of the draft legislative act without consideration. In order to discuss a draft legislative act which has not been taken into account by the committee responsible, the chairman of the committee responsible shall designate a rapporteur from among the members of the committee responsible; This opens the discussion of a draft legislative act. The President of the Committee responsible shall inform the President of the Senate thereof, who shall communicate it to the Government.

(2) The launch of a draft legislative act is an obstacle to the participation of a member of the Government in the decision-making process of the European Union institution. This does not apply if 35 days have elapsed since the Senate proposal was delivered.

(3) The committee responsible may ask the Government or its members for information on the draft legislative act under consideration, the Government or its members shall provide the information no later than 14 days after the request of the committee responsible has been received.

(4) The committee responsible may request an opinion on the draft legislative act under a time limit agreed by the chairman of the committee responsible with the chairman of the requested authority, which would be the body of the Senate, if the draft law is discussed.

§ 119e

(1) The committee responsible shall decide, on a proposal from its President, whether it will take note of the draft binding action taken by the institutions of the European Union under the Common Foreign and Security Policy (hereinafter referred to as the "draft decision") without consideration. In order to discuss a draft decision which the committee responsible has not taken into account without consideration, the chairman of the committee responsible shall designate a rapporteur from among the members of the committee responsible.

(2) The committee responsible may request information from the Government or its members on the draft decision under consideration. Information shall be provided by the Government or its members without undue delay upon receipt of the request of the committee responsible.

§ 119f

(1) Negotiations on a draft legislative act or on a draft decision shall be attended by a representative of the Government, the rapporteurs of the Senate bodies which have discussed the draft legislative act and by other persons who may provide information on the subject and are invited by the committee responsible.

(2) The draft legislative act or the draft decision shall state the reasons on which the representative of the government, after which the rapporteur of the committee responsible, is to be heard. Subsequently, a debate shall be opened in which proposals may be made to take note of a draft legislative act or a draft decision or to adopt recommendations on the Senate's observations.

(3) On completion of the debate, the committee responsible shall decide on the proposals submitted. If the committee responsible adopts a proposal for a recommendation on the Senate's observations, it shall send it to the Government for information and submit it to the President of the Senate. The President of the Senate shall place such a proposal on the agenda of the next meeting, if it is on a draft legislative act for which the time limit for the opinion of a Member State does not exceed 6 weeks and is therefore discussed with regard to Paragraph 119d (2), the President of the Senate shall convene the meeting in such a way that it starts no later than 32 days after the date of service of the draft legislative act of the Senate.

§ 119g

Negotiations of the Senate

(1) The Senate shall act on a draft legislative act or on a draft decision if it is proposed by the committee responsible or if it proposes it in writing to the President of the Senate before the adoption of the final resolution of the committee responsible by at least 17 Senators; the President of the Senate shall immediately inform the Chairman of the committee responsible of such a proposal. The third sentence of Paragraph 119f (3) shall apply mutatis mutandis to the opening of a meeting convened at the initiative of at least 17 Senators.

(2) The Senate may decide to take note of or comment on a draft legislative act or decision. The President of the Senate shall inform the Government without delay of the outcome of the Senate proceedings.

§ 119h

Reduced negotiations on draft legislative acts

(1) Where a draft legislative act is identified as urgent, it shall be dealt with in an abridged act if the Government so requests when submitting such a proposal. The application shall include a preliminary opinion. In the abridged negotiations, the second and third sentences of § 119d (2), § 119f (3) and § 119g shall not apply and the actions for which the time limits in § 119d are set shall be carried out without undue delay.

(2) If, in the abridged negotiations, the committee responsible adopts a proposal for a recommendation on the Senate's observations, it shall send it directly to the Government. Such resolutions shall be sent simultaneously by the chairman of the committee responsible to the President of the Senate, who shall circulate them to all Senators. '.

Parts twelfth to twenty-second shall be referred to as parts thirteenth to twenty-third.

43. Part fourteenth, including the title and footnote 35, shall read:

„ČÁST ČTRNÁCTÁ

PREPARATION AND ARRANGEMENTS OF THE LEGISLATION SUBMITTED BY THE SENATOR

§ 127

(1) A bill submitted by the Senate to the Chamber of Deputies (hereinafter referred to as the Senate Bill) may be proposed for consideration in the Senate by a Senator, a Group of Senators, a Committee or a Commission of the Senate (hereinafter referred to as the "Proposer of the Senate Bill").

(2) The draft Senate Bill must contain the particulars of the draft Bill provided for by a special law. 35)

(3) The draftsman of the Senate Bill submits a draft Senate Bill to the President of the Senate, who shall forward it to the Organising Committee and circulate it immediately to all Senators and Senators' Clubs. The Organising Committee shall, at the next meeting following the submission of a draft Senate Bill, advise the President of the Senate to place him on the agenda of the next Senate meeting. At the same time, it shall propose which committee or committees are to be ordered to draft the Senate Bill and designate a rapporteur for first reading.

(4) The draftsman of the Senate Bill may withdraw his motion until the Senate has taken a final vote on it.

§ 128

First reading of Senate Bill Draft

(1) The draft Senate Bill shall be indicated by the appellant or the representative of the appellant of the Senate Bill; the rapporteur shall speak after him.

(2) After the rapporteur has spoken, the President shall open a general debate in which it may be proposed that the Senate bill be returned to the draftsman of the Senate bill for completion or that it be rejected. If none of the proposals have been submitted or were not adopted, the Senate shall order the draft Senate Bill to discuss the committee or committees, as appropriate. If the Senate orders more committees to draft the Senate Bill, it will determine which of them will be the committee's guarantee.

(3) The deadline for consideration of the draft Senate Bill in committees is 60 days from the decision on its Commandment to the committee for consideration.

(4) The time limit referred to in paragraph 3 may be shortened or extended by a maximum of 30 days. Only with the consent of the appellant of the Senate Bill can the deadline be extended by more than 30 days.

§ 129

Committee deliberations

(1) The following proposals may be made during both parts of the debate during the committee's deliberations on the draft Senate Bill:

1. the application for approval,

2. Application for refusal,

3. the draft amendment,

4th motion to adjourn.

(2) The proposals referred to in paragraph 1 shall be put to the vote in the order indicated therein. After the vote on the amendments tabled, if at least one of them has been adopted, the committee shall decide whether to recommend the Senate to approve the draft Senate Bill with those amendments it has adopted.

§ 130

Second reading of Senate Bill Draft

(1) At a meeting of the Senate, the draft Senate Bill will be justified by the appellant or the representative of the appellant of the Senate Bill.

(2) The following proposals may be made during both parts of the debate in the Senate's deliberations on the draft Senate Bill:

1. a proposal to return the Senate Bill to the Committee for reconsideration,

2. Application for approval,

3. Application for refusal,

4th motion to adjourn.

(3) The proposal referred to in paragraph 2 (1) shall specify to which committee or committees the draft Senate Bill is to be referred back for reconsideration; the deadline for reconsideration in committee shall be no more than 30 days after its return by the Senate.

(4) The proposals referred to in paragraph 2 shall be put to the vote in the order indicated therein.

(5) If none of the proposals referred to in paragraph 2 has been tabled or were not adopted, the President shall open a detailed debate on the draft Senate Bill in which amendments may be tabled. If an amendment which is not included in the annex to the resolution is tabled by any of the committees and if the chairman of a committee or rapporteur of the guarantee committee so proposes, the Senate's deliberations on the draft Senate Bill shall be suspended for the time strictly necessary for the Committee to take an opinion on the amendment to the Senate. The Senate shall decide on the proposal of the Chair of the Committee or the Guarantee Rapporteur to determine the time of the interruption of the negotiations without debate.

(6) On completion of the vote on individual amendments, if at least one of them has been adopted, the Senate shall vote on whether to approve the draft Senate Bill as amended.

(7) If no amendment has been tabled, or no resolution has been adopted, or the Senate bill has been approved as amended, the Senate shall vote on whether or not the Senate bill is approved if the motion for approval has not already been voted on after the general debate.

(8) If a Senate bill has been approved, the Senate shall instruct the President of the Senate to submit the Senate bill to the Chamber of Deputies. At the same time, he shall entrust one of the senators to justify the Senate bill when it is discussed in the Chamber of Deputies.

Citation	Act No. 172 / 2004 Coll., amending Act No. 107 / 1999 Coll., on the Rules of Procedure of the Senate, as amended by Act No. 78 / 2002 Coll.
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	16.04.2004
Effective from	01.05.2004
Effective until	-
Status	Valid

Act No. 172 / 2004 Coll.

Act amending Act No. 107 / 1999 Coll., on the Rules of Procedure of the Senate, as amended by Act No. 78 / 2002 Coll.

Contents