Act of the Czech National Council No. 35 / 1989 Coll.

Act of the Czech National Council on Rules of Procedure of the Czech National Council

Valid Effective from 01.04.1989
35
THE LAW
Czech National Council
of 28 March 1989
concerning the Rules of Procedure of the Czech National Council
The Czech National Council decided on this law:

ČÁST PRVNÍ

INTRODUCTORY PROVISIONS
§ 1
(1) The Czech National Council, which is involved in carrying out the tasks of the Czech Socialist Republic, is a representative of the national sovereignty and sovereignty of the Czech nation, the highest authority of state power and the only legislature in the Czech Socialist Republic.
(2) The Czech National Council as the highest representative body in the Czech Socialist Republic cooperates with the Federal Assembly, the Slovak National Council and the National Committees.
§ 2
In its work, the Czech National Council relies on the active and innovative work of each Member. The exercise of its powers shall be based on the principle of public information, collective consultation and decision-making, and shall ensure public opinion.
§ 3
(1) The Rules of Procedure of the Czech National Council govern the principles of the negotiations of the Czech National Council, its contacts with the Government of the Czech Socialist Republic and externally.
(2) The Czech National Council regulates its internal circumstances and more detailed rules for its action by its own resolutions.

ČÁST DRUHÁ

SCOPE OF THE CZECH NATIONAL COUNCIL
§ 4
The responsibility of the Czech National Council includes in particular:
a) Resolve on constitutional and other laws of the Czech National Council and monitor how the authorities of the Republic implement them;
b) Resolve to submit draft laws to the Federal Assembly,
c) to give consent to international treaties for the implementation of which the Czech National Council Act is required,
d) to discuss and resolve fundamental issues relating to the internal policy of the Czech Socialist Republic, in particular economic and social development, the application of scientific and technological developments, the development of individual territorial areas of the Czech Socialist Republic and investment projects with serious consequences for further economic and social development;
e) approve the medium-term state plan for the development of the Czech Socialist Republic's national economy and the state budget of the Czech Socialist Republic, verify their implementation and approve the Czech Socialist Republic's state closing account;
f) discuss the programme statement of the Government of the Czech Socialist Republic, monitor its activities and the activities of its members, as well as discuss the trust of the Government;
(g) to interfere with the Government of the Czech Socialist Republic and its members and to ask them questions about their respective responsibilities,
h) discuss the reports of the Supreme Court of the Czech Socialist Republic and the reports of the Attorney General of the Czech Socialist Republic on the state of legality in the Czech Socialist Republic,
ch) discuss the reports of the Committee of People's Control of the Czech Socialist Republic on the activities and knowledge of the People's Control Bodies in the Czech Socialist Republic,
i) discuss reports on the management and control of the activities of national committees by the Government of the Czech Socialist Republic;
j) to regulate, within the limits of the constitutional laws of the Czechoslovak Socialist Republic, the laws of the Czech National Council of degrees and types of national committees, their status, competence and organisation, to deal with the initiatives of national committees, to discuss their activities and to decide on measures relating to their construction; In doing so, it directs national committees to carry out key tasks, generalises the experience of national committees, evaluates the effectiveness of forms and methods of their work and acts on the application of democratic principles in their activities,
k) determine the number of members of the Bureau of the Czech National Council, vote and dismiss the President, Vice-Presidents and other members of the Bureau of the Czech National Council;
l) Establish the Czech National Council Committees as their own initiative and control bodies, elect and dismiss the chairmen and other members of the Committees;
m) Establish and abolish by law ministries and other central government bodies of the Czech Socialist Republic,
n) to consent to, or to take custody of, criminal or disciplinary prosecution of a Member of the Czech National Council;
o) to elect, dismiss and exonerate judges in the profession of courts of the Czech Socialist Republic and judges elected for the Supreme Court of the Czech Socialist Republic to elect the President and Vice-President of that court,
(p) to consent to, or in connection with, criminal prosecution or detention in the custody of the Judges which she has chosen, for acts committed in the performance of a judicial function;
(r) discuss the results of civil checks on the execution of the prison sentence;
s) abolish orders or resolutions of the Government of the Czech Socialist Republic and generally binding regulations of ministries or other central government bodies of the Czech Socialist Republic contrary to the constitutional or other law of the Czech National Council,
t) abolish the generally binding regulations of the Regional National Committee and of the National Committee of the City of Prague contrary to the constitutional or other law, the Government Regulation or the generally binding legislation of the Ministry or other central administration,
(u) decide on their internal circumstances and the rules of their conduct.
§ 4a
The Czech National Council also covers:
(a) announce elections to councils in municipalities;
(b) to consent to the termination of an employment or similar relationship against the will of a Member at the time of the performance of his parliamentary function and within two years of the termination of his mandate;
c) decide whether the principles of the Czech National Council Act can exceptionally be abandoned;
d) determine in what order the Vice-Presidents of the Czech National Council represent the President of the Czech National Council,
(e) discuss reports on the main findings of the handling of proposals, initiatives and complaints by citizens and organisations received by the Czech National Council, its bodies and Members and issue guidelines for their handling;
f) approve the budget of the Czech National Council and discuss its implementation,
g) approve the organizational order of the Office of the Czech National Council and the salary of its staff.
§ 5
(1) The Czech National Council exercises its competence by discussing in particular:
(a) proposals, initiatives, reports and statements by the Bureau of the Czech National Council;
(b) the proposals, reports and declarations of the Government of the Czech Socialist Republic as well as the declarations of its individual members;
(c) proposals, initiatives and reports of the Czech National Council committees,
(d) proposals and initiatives by Members of the Czech National Council;
e) Interpelling and questions of Members of the Czech National Council,
(f) other proposals, if the law so provides.
(2) The Czech National Council shall also exercise its powers through the elections which it is responsible for implementing.

ČÁST TŘETÍ

ESTABLISHING MEETINGS OF THE CZECH NATIONAL COUNCIL
§ 6
(1) Members of the Czech National Council will meet after their election at the constituent meeting of the Czech National Council.
(2) The founding meeting of the Czech National Council shall be convened by the current Bureau of the Czech National Council no later than 30 days after the date of the elections and shall set out the agenda for its deliberations.
§ 7
(1) The founding meeting is headed by an authorised member of the current Bureau of the Czech National Council.
(2) The President will accept the pledge of Members and make the election of the committee of Members to determine the results of the vote at the founding meeting of the Czech National Council and the election of the President and other members of the Mandate and Immunity Committee.
§ 8
(1) On a proposal from the Mandate and Immunity Committee, the Czech National Council will verify the validity of the election of Members.
(2) The Czech National Council will elect the President of the Czech National Council, who will take over the proceedings establishing the meeting and accept the parliamentary promise of the President, if he is a member of the Czech National Council.
(3) The Czech National Council will determine the number of members of its Bureau, the number of Vice-Presidents, verifiers and set up its other committees.
(4) The President of the Czech National Council will have the choice of Vice-Presidents of the Czech National Council, Chairs of the Czech National Council committees, other members of the Bureau of the Czech National Council and verifiers of the Czech National Council. It shall also elect the other members of the committees.
§ 9
Proposals for elections held by the constituent meetings of the Czech National Council are usually submitted by a group of members of the Czech National Council.
§ 10
An authorised member of the current Bureau of the Czech National Council shall report on the activities of the Bureau of the Czech National Council during the period when the Czech National Council did not meet.

ČÁST ČTVRTÁ

MEETING OF THE CZECH NATIONAL COUNCIL
§ 11
(1) The Czech National Council meets at least twice a year (spring and autumn sessions).
(2) The Bureau of the Czech National Council shall convene the Czech National Council for the spring meeting no later than the end of April and the autumn meeting no later than the end of October. The Bureau of the Czech National Council may convene further meetings as necessary.
(3) The Bureau of the Czech National Council shall convene a meeting of the Czech National Council if at least one third of the members of the Czech National Council so request in writing. The Bureau of the Czech National Council shall convene meetings within 14 days or until the next deadline specified in the application. Otherwise, the meeting of the Czech National Council is convened on the 30th day following the request.
(4) The Bureau of the Czech National Council declares the meeting of the Czech National Council closed.

ČÁST PÁTÁ

MEETINGS OF THE CZECH NATIONAL COUNCIL
§ 12
Meetings of the Czech National Council
The meeting of the Czech National Council is convened by the President of the Czech National Council. It will always do so if the Czech National Council or the Czech National Council agree. If at least one third of the members of the Czech National Council so request, the President shall convene a meeting of the Czech National Council within 30 days at the latest.
Meetings at meetings of the Czech National Council
§ 13
(1) A meeting of the Czech National Council can be opened if a third of its Members are present at the meeting.
(2) The Czech National Council, on a proposal from the Organising Committee of the Czech National Council, and if it is not such a proposal, on a proposal from the President of the Czech National Council, sets out the agenda and the way in which each item of the agenda is to be discussed.
(3) Any Member may propose to amend or supplement the programme. The Czech National Council will decide on the proposal without debate.
(4) The Czech National Council may, in the course of a meeting without debate, move items on the agenda or merge the debate to two or more items on the agenda.
§ 14
(1) The meetings of the Czech National Council are generally public.
(2) For reasons of protection of important state interest, the Czech National Council may, on a proposal from its Bureau, Committee, Member, Government of the Czech Republic or its member, decide that the meeting or part thereof is not public. Such a proposal will be decided by the Czech National Council without debate.
(3) The members of the Government of the Czech Socialist Republic may attend a meeting of the Czech National Council or part thereof, which has been declared non-public. Other persons may only be present with the approval of the Czech National Council. The Czech National Council will decide on the presence of other persons without debate.
§ 15
A member of the Government of the Czech Republic is obliged to attend a meeting of the Czech National Council if the Czech National Council decides without debate or if the President of the Czech National Council or the organizational committee of the Czech National Council so requests. Otherwise, another member of the government may represent a member of the Government of the Czech Republic.
§ 16
(1) Negotiations on matters on the agenda shall, as a general rule, be made by the appellant; The rapporteur shall speak after him, if he has been designated. Then the President will start the debate.
(2) Members may report to the debate before beginning the meeting with the President of the Czech National Council or during the meeting with the President.
(3) At the beginning of the debate, the President shall notify the speakers who have been applied for and give them the floor in the order in which they have applied. However, first, they will give the floor to speakers who wish to make amendments to the present case.
(4) Whoever is not present in the conference room at the moment of his word, loses his order.
(5) The Czech National Council may, on a proposal from a Member, decide without debate to limit the speaking time, which may not be less than 15 minutes.
§ 17
(1) A Member who applies for or answers to a factual remark during the debate shall be given the floor immediately.
(2) The presentation of a point of order and any reply to another Member's point of order shall not exceed 5 minutes.
(3) If a Member has exceeded the period for making a point of order, or if necessary to reply, the President may withdraw his speech.
§ 18
The Member shall have the right to speak in the language of his nationality. If the speaker does not speak Czech or Slovak, his speech is translated into the Czech language.
§ 19
The President of the Czech National Council, the Vice-Presidents of the Czech National Council, the chairmen of the parliamentary clubs and members of the Government of the Czech Republic shall be given the floor whenever they so request, including on statements which are not related to the agenda of the meeting.
§ 20
With the approval of the Czech National Council, other invited representatives of political, economic and cultural life can attend the debate.
§ 21
(1) A Member who has been given the floor is to speak on the subject. If it deviates from the present case or if it exceeds the speaking time, the President may draw the attention of the Member.
(2) A Member derogating from the present case may, upon renotification, withdraw the floor. Members' objections shall be decided by the Czech National Council without debate.
§ 22
(1) Members may, in the debate, speak on the subject of amendments. They are to relate to a particular matter of the proposal under discussion and it is to be made clear what the Czech National Council is to decide. The President may ask Members to clarify his proposal.
(2) If an amendment is tabled in the debate, the Member or the appellant may propose a suspension until the opinion of the Committee designated by the Czech National Council on the proposed amendment is delivered.
(3) The Czech National Council will decide on the proposal for a suspension without debate. At the same time, the Czech National Council may set a time limit within which the committee responsible shall submit its opinion on the proposed amendment.
(4) The same procedure also applies if the Member submits an amendment in writing before the start of the debate at the Czech National Council.
(5) Similarly, a different proposal on the subject can be made.
(6) The applicant may, with the agreement of the Czech National Council, withdraw his proposal until the Czech National Council has taken a vote on it.
§ 23
At the end of the debate, the President shall give the final floor to the appellant and to the rapporteur, if it has been designated; both the draftsman and the rapporteur may renounce the final word. If a member of the Government of the Czech Socialist Republic takes the floor before the vote, this will reopen the debate.
Voting at meetings of the Czech National Council
§ 24
The Czech National Council is able to decide if at least one third of its members are present. The resolution in force requires the consent of an absolute majority of Members present. In order to adopt the constitutional law of the Czech National Council, the consent of a three-fifths majority of all members of the Czech National Council is necessary. In order to remain on the adopted law, which the President of the Republic returned, 1), an absolute majority of all members of the Czech National Council are required.
§ 25
The Czech National Council decides on each proposal by voting. It will draw the President's attention to the fact that the vote will be taken and will allow the number of Members present to be determined.
§ 25a
If the proposal has been debated in committee and a written report has been drawn up (paragraphs 71 et seq.) containing amendments to the proposal, the Czech National Council shall discuss the proposal as amended by that report, unless otherwise decided by the Czech National Council.
§ 26
(1) On a proposal from a Member, the various parts of the proposal may be put to a separate vote. If all parts of the proposal are not approved in a separate vote, the parts adopted shall be put to the vote again as a whole.
(2) When amendments have been tabled to the proposal, they shall be put to the vote first, in the order in which they were tabled. If the vote is taken separately in accordance with the preceding paragraph, only amendments relating to the present part of the proposal shall be put to the vote in the order in which they were tabled. If the amendment adopted excludes further amendments, these additional amendments shall no longer be put to the vote.
(3) Proposals relating to the procedure shall be put to the vote before the hearing.
§ 27
(1) The vote is public or secret.
(2) As a general rule, a vote shall be held in public by raising your hand unless the Czech National Council, without a debate, decides on a different manner of public vote.
(3) Voting tickets are secretly voted. The President of the Czech National Council, Vice-Presidents of the Czech National Council, Chairpersons of the Czech National Council committees and other members of the Bureau of the Czech National Council are elected by secret ballot. In other cases, the vote is held in secret if the Czech National Council decides without debate.
(4) If there is doubt about the outcome of the vote, the chairman shall ask the verifiers to add the votes. Verifiers shall also add votes when voting tickets.
(5) The President shall declare the results of the vote by communicating the number of votes cast for and against the proposal. The election results shall be announced by announcing the number of votes cast for and against each candidate.
§ 28
Minutes of meetings of the Czech National Council
(1) A minutes shall be drawn up of the meeting of the Czech National Council, which shall include, in particular, the agenda of the meeting, who managed the meeting, how many Members were present, what proposals were made, who spoke in the debate and what the outcome of the vote was. The registration after verification by the verifier is signed by the President of the Czech National Council.
(2) The certified minutes shall be an authentic record of the meeting and shall be submitted together with the relevant supporting documents, annexes and resolutions for archival storage. The minutes shall include the full texts of the proposals submitted, the resolutions adopted, the declarations and other documents which have been the subject of the negotiations.
(3) The meeting of the Czech National Council also includes a short-term record of the precise course of negotiations. Each speaker shall verify the accuracy of the record of his speech as soon as possible after the meeting. In doing so, it shall correct any errors which have arisen in the issuing of such an alert, but shall not alter the content and purpose of its statement. The organizational committee of the Czech National Council shall decide on any objections made by the speaker against the deficiencies of the alert.
(4) On the basis of the stenographer's record of the meeting of the Czech National Council, a stenographer's report is produced, which will be printed; If there is a non-public meeting of the Czech National Council or part of it, the Organizing Committee of the Czech National Council may decide otherwise.

ČÁST ŠESTÁ

BODIES OF THE CZECH NATIONAL COUNCIL
§ 29
The bodies of the Czech National Council are:
1. President of the Czech National Council and Vice-Presidents of the Czech National Council,
2. organizational committee of the Czech National Council,
3. the Czech National Council Committees,
4th Commission of the Czech National Council,
5th Inquiry Commission of the Czech National Council,
6. verifiers of the Czech National Council,
7th Member Clubs,
8. other bodies of the Czech National Council established under the special legislation.2)
Bureau of the Czech National Council
§ 33
The Czech National Council may set up its permanent or temporary commissions from members of the Czech National Council, experts or representatives of economic, social or other organisations. The chairman of the committee is always a member of the Czech National Council. The Commission may add other experts or representatives of organisations to its deliberations.
§ 35
(1) Members of the Government of the Czech Republic may attend a meeting of the Organising Committee of the Czech National Council; a word will be given whenever they ask. They are required to appear in person at a meeting of the Czech National Council Organising Committee if requested by the Czech National Council. otherwise they can be represented by another member of the Government of the Czech Republic and, exceptionally, by their deputy, if the President of the Czech National Council agrees.
(2) Meetings of the Organising Committee of the Czech National Council are private, unless the Organising Committee agrees that the meeting or part of the meeting is public. Members of the Czech National Council may attend any meeting of the Czech National Council Organizing Committee at any time.
(3) Other persons may be present at a private meeting of the Czech National Council Organising Committee only with its consent.
§ 36
Chairman of the Czech National Council
Chairman of the Czech National Council
a) represents the Czech National Council externally,
b) Signs the laws and resolutions of the Czech National Council,
c) accepts the promise of the Attorney General of the Czech Republic;
d) Convenes and manages meetings of the Czech National Council,
e) manage and monitor the work plan of the Czech National Council and its bodies;
(f) carry out other tasks entrusted to it by the Czech National Council, in particular in coordinating the work of committees and creating conditions for the work of Members;
(g) report to the Czech National Council on the measures it has taken;
h) Appoints and refers to the proposal of the Czech National Council of the Prosecutor General of the Czech Republic and other state officials of the Czech Republic in cases still under the jurisdiction of the Bureau of the Czech National Council, unless otherwise provided for by the Act,
ch) gives consent to further detention of a member of the Czech National Council if he has been caught and detained in a criminal offence;
(i) if the nature of the matter so requires, announces the resolution of the Czech National Council;
j) decide on the draft Mandate and Immunity Committee in disciplinary proceedings against a Czech National Council Member;
(k) ensure compliance with this law and take the necessary measures to implement it consistently.
§ 36a
Chairman of the Czech National Council after discussion in the political group
a) creates conditions for the work of Members in the bodies of the Czech National Council;
b) draws the attention of the Heads of State bodies, economic and other organisations to cases where they have failed to fulfil their obligations towards the Members, which they derive from the Czech National Council Act on Members of the Czech National Council,
c) Appoints and withdraws the Head of the Office of the Czech National Council, determines his salary and other requirements;
(d) it also exercises other powers, in cases entrusted by the law to the Bureau of the Czech National Council, unless otherwise provided for by the law.
§ 37
Vice-Presidents of the Czech National Council
The Vice-Presidents of the Czech National Council shall represent the President of the Czech National Council in the scope and order established by the Czech National Council; they shall also represent the President in the performance of the tasks entrusted to them by the President.
§ 37a
Organising Committee
(1) The Czech National Council sets up an organisational committee of the Czech National Council from among its Members, headed by the President of the Czech National Council.

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Regulation Information

CitationAct of the Czech National Council No. 35 / 1989 Coll., on Rules of Procedure of the Czech National Council
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation30.03.1989
Effective from01.04.1989
Effective until-
Status Valid
The regulation text is for informational purposes only.
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