Act of the Czech National Council No. 42 / 1993 Coll.
Act of the Czech National Council amending and supplementing the Act of ČNR No. 35 / 1989 Coll., on the Rules of Procedure of the Czech National Council, as amended by Act No. 249 / 1990 Coll., Act No. 97 / 1991 Coll. and Act No. 280 / 1991 Coll.
Valid
Effective from 01.01.1993
42
THE LAW
Czech National Council
of 30 December 1992
amending and supplementing Act No. 35 / 1989 Coll., on the Rules of Procedure of the Czech National Council, as amended by Act No. 249 / 1990 Coll., Act No. 97 / 1991 Coll. and Act No. 280 / 1991 Coll.
The Czech National Council decided on this law:
Act No. 35 / 1989 Coll., on Rules of Procedure of the Czech National Council, as amended by Act No. 249 / 1990 Coll., Act No. 97 / 1991 Coll. and Act No. 280 / 1991 Coll., is amended as follows:
1. The following Section 4a is inserted after Section 4:
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. "
2.
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 the meeting of the Czech National Council within 30 days at the latest. "
3. Article 13 (1) and (2) read as follows:
"(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 the individual items of the agenda are discussed. "
4.
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. '
5.
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 not related to the agenda of the meeting. "
6.
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 stay on the adopted law, which the President of the Republic returned, 1), an absolute majority of all members of the Czech National Council is required. "
7. Article 28 (3) and (4) read as follows:
"(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 organizational committee of the Czech National Council may decide otherwise. "
8.
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). "
9. Sections 30 to 32 are deleted.
10.
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. ';
11. § 34 is deleted.
12.
(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 non-public meeting of the Czech National Council Organising Committee only with its consent. "
13.
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. "
14. The following Section 36a is inserted after Section 36:
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 which have been entrusted by law to the Bureau of the Czech National Council, unless otherwise provided for by the law. "
15.
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. ';
16. The following Section 37a is inserted after Section 37:
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.
(2) The Organizing Committee of the Czech National Council consists of the President of the Czech National Council, the Vice-Presidents of the Czech National Council and representatives of the parliamentary clubs on the principle of proportional representation.
(3) For each of the ten members of the parliamentary club, one representative is responsible for the membership of the Czech National Council Organizing Committee.
(4) The names of representatives of members' clubs in the Organizing Committee of the Czech National Council will be communicated to the President of the Czech National Council by the chairmen of the parliamentary clubs.
(5) Unless otherwise provided for in this Act, provisions on the proceedings of the Czech National Council Committees shall apply mutatis mutandis.
(6) The Organizing Committee of the Czech National Council organises and coordinates the work of the bodies of the Czech National Council to the extent provided for by this Act and the resolutions of the Czech National Council. In carrying out these tasks, it shall in particular:
(a) prepare meetings of the Czech National Council, propose their programme, decide on their meetings and report on their activities;
b) prepare the work plans of the Czech National Council and discuss the work plans of its institutions;
(c) discuss the programme of legislative works of the Czech National Council, as well as reports on its implementation or other legislative intentions,
(d) order committees to discuss principles and bills, international treaties and other proposals; may also specify which committees shall prepare a joint report of the Committees on the proposals,
(e) coordinate the work of the committees and, if necessary, discuss their opinions and reports; may also advise them to re-examine the matter and ask one of the committees to discuss common action with the other committees,
f) establish functional supplements to the officials of the Czech National Council and the National Council investigation committees; determine also the level of remuneration and other requirements for members of permanent and temporary committees of the Czech National Council,
(g) to lay down a model card for a Member of the Czech National Council;
h) Ensure control of compliance with the Czech National Council resolutions,
ch) propose to the Czech National Council that it is possible, exceptionally, to refrain from discussing the principles of the law. "
17. Paragraph 39 (1) reads as follows:
"(1) The committees of the Czech National Council discuss the matters contained in the work plan of the Czech National Council and its bodies, the matters which have been assigned to them and the matters which will be decided upon. Reports of the Government of the Czech Republic are discussed only if they have been submitted to the Czech National Council."
18. Paragraph 40 (1) (d) reads as follows:
"(d) ascertain whether the conditions for criminal or disciplinary prosecution of a Member of the Czech National Council or for taking him into custody are laid down in immune matters; conduct the urgently necessary inquiries and allow Members to comment; the report on the outcome of their findings is presented to the Czech National Council, '.
19. Paragraph 40 (1) (e) reads as follows:
"(e) opening disciplinary proceedings against a member of the Czech National Council, carrying out the necessary inquiries and submitting his proposals to the President of the Czech National Council."
20. Paragraph 54 (4) reads as follows:
"(4) If the Committee does not receive a reply within the time limit set, or if it does not agree with it, the Czech National Council's Organising Committee may request the necessary measures; he may also inform himself of his opinion of the competent member of the Government of the Czech Republic, the President of the Supreme Court of the Czech Republic, the Prosecutor General of the Czech Republic, or the head of another central state body or organisation of the Czech Republic and ask him to review his opinion."
21.
"(1) The Czech National Council may, in order to clarify the serious facts of public interest which fall within the competence of the Czech National Council, establish an investigation committee. The application shall be lodged by at least one fifth of the Members. Only members of the Commission may be members of the Czech National Council. '
22. § 55d reads:
(1) The President and Vice-Presidents of the Czech National Council and the Chairs of the Members' Clubs constitute a political group which assesses in particular matters of a political nature in order to clarify the views of the Members' Clubs and the programme and organisation of the work of the Czech National Council.
(2) The meeting of the political group is convened by the President of the Czech National Council. The President of the Czech National Council will also convene a political meeting at the request of representatives of at least two parliamentary clubs. The views of the political group shall be of the nature of the recommendations. ';
Article 23 (59) (2) reads as follows:
"(2) If the Czech National Council so agrees, it may exceptionally be waived, at the request of the appellant, from discussing the principles of the law, in particular if it is simple or if it requires its urgency. '
24. Article 62 (1) reads as follows:
"(1) The principles of the Czech National Council Act will order the organizational committee of the Czech National Council to discuss the committees. It will also ensure that the principles of the law are distributed to all Members of the Czech National Council and will inform them which committees have been ordered to discuss them."
25. Paragraph 66 (1) reads as follows:
"(1) After consulting the principles of the Czech National Council Act, the committees shall communicate their opinion with any recommendations to the Organizing Committee of the Czech National Council."
Article 26 (67) (3) reads as follows:
"(3) If an implementing regulation is to be issued for the Act, the Organising Committee of the Czech National Council may request its proposal from the applicant. A draft of such a regulation shall be submitted by the appellant whenever it is to become effective simultaneously with the law. ';
27.
The report of the committee or joint report of the committees on the outcome of the discussion of the draft law of the Czech National Council shall be sent to all Members and the draftsmen so that they receive it no later than 24 hours before the discussion of the draft law at the meeting of the Czech National Council. As a general rule, together with the joint report, it presents a report with Members containing the text of the comments of committees not included in the joint report. If this does not happen, the rapporteur shall justify this fact. '
28.
The draft Act of the Czech National Council can be discussed in the Czech National Council at the earliest 60 days after it was distributed to Members. The Organizing Committee of the Czech National Council may propose to the Czech National Council to discuss the draft law exceptionally before the end of this period. Such a proposal will be decided by the Czech National Council without debate. '
29.
"(1) After the appointment of the Government of the Czech Republic, the organizational committee of the Czech National Council will, at its request, place on the agenda the next meeting of the Czech National Council a vote of confidence in the government."
30.
"(2) If the Government of the Czech Republic asks for a vote of confidence and not for a case where the Government has asked for an end to the consideration of a government bill with which it has joined a request for a vote of confidence, 3) the President of the Czech National Council will convene a meeting of the Czech National Council to discuss the government's request within 14 days of its submission.
(3) At least 50 members of the Czech National Council may submit a motion of censure to the Government of the Czech Republic in writing. The President of the Czech National Council shall convene a meeting of the Czech National Council without delay to discuss the motion for censure by the Government of the Czech Republic. "
31. Paragraph 89 (1) reads as follows:
"(1) Both the Czech National Council and the individual Members have the right to interfere with the Government of the Czech Republic and its members in matters of their competence. A Member or a group of Members shall submit the interview in writing to the President of the Czech National Council. The President of the Czech National Council will send an interview to the Prime Minister of the Czech Republic, and if a member of the Government is interpolated, also to that member. The President of the Czech National Council shall ensure that Members are informed of the content of the interview by a Member or a group of Members at the next meeting of the Czech National Council; may also decide to distribute or distribute to all Members. ';
Article 32 (91) (2) reads as follows:
"(2) Incentives and comments from Members presented at the meeting of the Czech National Council, if not explained during the meeting, will be sent by the President of the Czech National Council to the Prime Minister or, where appropriate, to the competent member of the Government of the Czech Republic, the Supreme Court of the Czech Republic, the Prosecutor General of the Czech Republic or to the Head of another central state body of the Czech Republic and will ask him to communicate within 30 days what measures have been taken on their basis. Members will be informed of these measures at the Czech National Council. '
33.
(1) Disciplinary proceedings may be brought against Members of the Czech National Council only for the reasons laid down by law. Disciplinary proceedings against members of the Czech National Council will be initiated by the Mandate and Immunity Committee at the initiative of the President of the Czech National Council or on his own initiative.
(2) The Mandate and Immunity Committee of the Czech National Council will carry out the necessary inquiries and will give the Member against whom disciplinary proceedings are being conducted the opportunity to express himself and defend himself. After the investigation, the Committee will present its results with its proposal to the President of the Czech National Council.
(3) The President of the Czech National Council will examine the results of the disciplinary investigation carried out by the Mandate and Immune Committee; if the procedure does not stop, or if it is not sufficient for the matter to be dealt with itself, Members shall order that they apologise within the time limit and in the manner set.
(4) If the Member does not apologise within the prescribed time limit and in the specified manner, the President of the Czech National Council shall communicate his decision to the institution at whose hearing the decision was taken and, where appropriate, decide on how to publish his decision.
(5) Against the decision of the President of the Czech National Council in disciplinary proceedings, the Member against whom disciplinary proceedings are conducted has the right to appeal to the Czech National Council within 15 days. The appeal shall have suspensory effect. '.
Article 34 (97) (2) and (3) read as follows:
"(2) The organizational rules of the Office of the Czech National Council will be laid down in detail, which will be issued by the head office of the Czech National Council after approval by the Czech National Council.
(3) The Office of the Czech National Council is in charge and is responsible for its activities by its Head of the Czech National Council; The Head of the Office of the Czech National Council is managed by the President of the Czech National Council. "
Paragraphs 5 and 6 shall be renumbered paragraphs 4 and 5.
The provisions of the ČNR Act No. 35 / 1989 Coll., on the Rules of Procedure of the Czech National Council, as amended by the ČNR Act No. 249 / 1990 Coll., the ČNR Act No. 97 / 1991 Coll. and the ČNR Act No. 280 / 1991 Coll., which do not comply with the Constitution of the Czech Republic, are invalid.
This Law shall take effect on 1 January 1993.
Uhde v. r.
Klaus v. r.
1) Article 50 of the Constitutional Act of ČNR No. 1 / 1993 Coll., Constitution of the Czech Republic.
2) For example Act No. 283 / 1991 Coll., on the Police of the Czech Republic, Act No. 527 / 1992 Coll., on the Security Information Service of the Czech Republic.
3) Article 44 (3) of the Constitutional Law of ČNR No. 1 / 1993 Coll.
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Regulation Information
| Citation | Act of the Czech National Council No. 42 / 1993 Coll., amending and supplementing Act No. 35 / 1989 Coll., on the Rules of Procedure of the Czech National Council, as amended by Act No. 249 / 1990 Coll., Act No. 97 / 1991 Coll. and Act No. 280 / 1991 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.1992 |
|---|---|
| Effective from | 01.01.1993 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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