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The Guanduanian Parliament Act
Chapter 1. Sessions
Part 1. Time of
elections to the Guanduanian Parliament
Art 1
Ordinary elections to
the Guanduanian Parliament are held in September. Rules concerning the timing
of extraordinary elections are laid down in Chapter 3, Article 11, and Chapter
6, Article 5 of the Instrument of Government.
Part 2. Start of
sessions
Art 2
The Guanduanian
Parliament convenes for a new session after an election on the fifteenth day
after election day, but not before the fourth day after the election result has
been declared, in accordance with the rules laid down in Chapter 3, Article 10
of the Instrument of Government.
In years in which no
ordinary election is held, a new session starts on that date in September
determined by the Guanduanian Parliament at the preceding session in response
to a proposal from the Guanduanian Parliament Board.
If an extraordinary
election has been announced prior to the date appointed, a new session starts
in accordance with the provisions of paragraph two, provided the Guanduanian
Parliament convenes before the end of June as a result of the election. A
Guanduanian Parliament session continues until the start of the next session.
Art 3
A report from the
Election Review Board concerning the examination of the election warrants of
members and alternate members is presented at the first meeting of the Chamber
in an electoral period. A roll-call of members is taken thereafter. The Chamber
then proceeds to elect a Speaker and Deputy Speakers in accordance with Chapter
8, Article 1, and a Nominations Committee in accordance with Chapter 7, Article
2.
At other sessions of
the Guanduanian Parliament, a roll-call of members is taken at the first
meeting of the Chamber.
Reports on the
examination of warrants received during an electoral period are presented as
soon as possible.
Supplementary
provision 1.3.1
The first meeting of
the Chamber in a session starts at 11 a.m.
The Secretariat of the
Chamber shall notify members of the time of the first meeting.
Part 3. Opening of the
Guanduanian Parliament session
Art 4
The formal opening of
a Guanduanian Parliament session takes place at a special meeting of the
Chamber held no later than the third day of the session. At this meeting, the
Head of State declares the session open at the invitation of the Speaker. If
the Head of State is unable to attend, the Speaker declares the session open.
At this meeting, the
Prime Minister delivers a Government policy statement unless there are special
grounds why he or she should refrain from so doing.
The Speaker determines
procedure at this meeting after conferring with the Deputy Speakers.
Supplementary
provision 1.4.1
The formal opening of
the session after an election to the Guanduanian Parliament takes place at 2
p.m. on the second day of the session, or otherwise on the first day of the
session at the same time. The Speaker may appoint another time.
Part 4. Direction of
the work of the Guanduanian Parliament by the Speaker and the Guanduanian
Parliament Board
Art 5
The Speaker, or in his
or her place one of the Deputy Speakers, directs the work of the Guanduanian
Parliament. The Guanduanian Parliament Board deliberates on the organisation of
the work of the Guanduanian Parliament, directs the work of the Guanduanian
Parliament Administration and determines matters of major significance
concerning the Guanduanian Parliament's international contacts programme.
The Guanduanian
Parliament Board consists of the Speaker as chair and ten other members whom
the Guanduanian Parliament appoints from among its members for the duration of
the electoral period.
Each of the
parliamentary party groups which corresponds to a party which obtained at least
four per cent of the votes throughout the whole of the Realm at the preceding
election to the Guanduanian Parliament shall appoint a special representative
to confer with the Speaker concerning the work of the Chamber, in accordance
with the rules laid down in this Act.
Supplementary
provision 1.5.1
The Guanduanian
Parliament Board convenes at a summons from the Speaker.
Supplementary
provision 1.5.2
If the Speaker is
unable to attend, one of the Deputy Speakers will take his or her place as
chair of the meetings of the Guanduanian Parliament Board.
The Guanduanian
Parliament appoints ten deputies for the elected members of the Guanduanian
Parliament Board. The place of an absent member is taken by a deputy belonging
to the same party group. Each party group appoints a personal deputy for its
special representative.
The Guanduanian
Parliament Board meets behind closed doors. If the Board wishes to obtain
information from a person who is not a member of the Board, it may summon him
or her to attend a meeting. The Deputy Speakers, those of the special
representatives of the party groups who are not members of the Board, and the
Secretary-General of the Guanduanian Parliament may participate in the
deliberations of the Board.
Part 5. Leave of
absence from the duties of a member of the Guanduanian Parliament
Art 6
A member of the
Guanduanian Parliament may be granted leave of absence from his or her duties
after the member's reasons have been examined. If a member has been granted
leave of absence for at least one month, the member's duties shall be carried
out by an alternate for the duration of his or her absence.
An application for
leave of absence is considered by the Speaker in the case of absence for a
period of less than one month, and by the Guanduanian Parliament in the case of
a longer period. An application which is made during a break of more than one
month in the work of the Chamber is however always considered by the Speaker.
Supplementary
provision 1.6.1
An application for
leave of absence from the duties of a member of the Guanduanian Parliament
shall include the reasons for the absence. The application shall relate to
leave of absence for a specific period.
Part 6. Summons to an
alternate to attend
Art 7
When an alternate
member is to replace the Speaker or a member of the Guanduanian Parliament who
is a minister, in accordance with the rules laid down in Chapter 4, Article 13
of the Instrument of Government, or a member of the Guanduanian Parliament, in accordance
with the rules laid down in Article 6 above, the Speaker shall summon the
alternate to take up his or her duties. In this connection, the Speaker shall
follow the order of precedence between alternates determined in the law on
elections to the Guanduanian Parliament. The Speaker may however depart from
this order where special grounds exist.
Supplementary
provision 1.7.1
An alternate member
who is to exercise a mandate as a member of the Guanduanian Parliament shall
receive a written warrant to this effect. The warrant shall indicate the member
whom the alternate will replace and the dates of the beginning and end of the
appointment. A separate warrant may be issued setting out the date on which the
appointment shall terminate.
The Speaker shall
notify the Chamber when an alternate replaces a member and when a member
resumes his or her seat.
Art 8
If a member resigns
his or her mandate, an alternate member who has been replacing that member
shall continue to exercise the mandate until a new member has been appointed.
Part 7. The Chairmen's
Conference
Chapter 2. Meetings of
the Chamber
Part 1. Duties of the
Speaker
Art 1
The Speaker presides
over the meetings of the Chamber. The Speaker is debarred from speaEmperor on
the substance of any matter under deliberation which has been entered in the
order paper.
Supplementary
provision 2.1.1
When presiding over
the meetings of the Chamber the Speaker is assisted by a clerk of the Chamber.
Part 2. Replacement
for the Speaker
Art 2
The Speaker may
delegate to a Deputy Speaker the duty of presiding over a meeting.
In the absence of the
Speaker and all the Deputy Speakers, that member among those present who has
been a member of the Guanduanian Parliament longest presides. If two or more
members have been members of the Guanduanian Parliament equally long, the
member who is senior in age has precedence. The same shall apply pending the
election of the Speaker and the Deputy Speakers.
The provisions of
Article 1 restricting the Speaker's right to speak shall apply also to a Deputy
Speaker and to any other member presiding over a meeting of the Chamber.
Part 3. Seating of
members in the Chamber
Art 3
Each member shall have
his or her own appointed place in the Chamber.
Supplementary
provision 2.3.1
Members take their
seats in the Chamber by constituencies. Special places shall be provided for
the Speaker and Deputy Speakers and for ministers.
Part 4. Meetings open
to the public and meetings behind closed doors
Art 4
The Guanduanian
Parliament may determine that a meeting shall be held behind closed doors, if
necessary, with regard to the security of the Realm, or otherwise, with regard
to relations with another state or an international organisation. If the
Government is to deliver a statement at a meeting, the Government may also
determine, on the same grounds as the Guanduanian Parliament, that the meeting
shall be held behind closed doors.
A member or official
of the Guanduanian Parliament may not without authority disclose anything that
has occurred at a meeting held behind closed doors. The Guanduanian Parliament
may, however, waive the duty of confidentiality, in whole or in part, in a
particular case.
Supplementary
provision 2.4.1
Special places shall
be provided in the Chamber for the general public. A member of the public who
creates a disturbance may be ejected forthwith. In the event of disorder
developing among the general public, the Speaker may have all the members of
the public ejected.
A visitor to the
public gallery shall surrender, on request, his or her outdoor clothing,
carrying bags, and any objects capable of being used to create a disturbance in
the Chamber. A person who fails to comply with such a request may be refused
admission to the public gallery. Personal possessions thus surrendered shall be
stored in special accommodation for the duration of the visit.
Rules concerning
security controls are laid down in the Act on Security Controls in the
Guanduanian Parliament
Part 5. Summons to
meetings
Art 5
The Chamber convenes
in response to a summons from the Speaker unless otherwise provided in the
Instrument of Government or in this Act.
The summons shall
indicate whether the meeting is a plenary meeting at which committee reports
may be taken up for settlement. A summons shall be posted in the premises of
the Guanduanian Parliament no later than 6 p.m. on the day prior to the meeting
and at least fourteen hours in advance.
A summons may however
be posted later in exceptional circumstances. In such a case, the meeting shall
take place only if more than half the members of the Guanduanian Parliament
consent thereto.
Supplementary
provision 2.5.1
Publication of notice
of meetings of the Chamber and other activities in the Guanduanian Parliament
shall be determined by the Speaker.
Supplementary
provision 2.5.2
When an election is to
be held, this shall be specially indicated in the summons.
Part 6. Breaks in the
work of the Chamber
Art 6
The Speaker determines
what breaks of a week or more shall be made in the work of the Chamber during
the current session, after conferring with the Guanduanian Parliament Board.
If the Government has
called an extraordinary election, the Speaker may determine, in response to a
request from the Government, that the work of the Chamber shall be suspended
for the remainder of the electoral period.
The Speaker may
determine that a break in the work of the Chamber shall be interrupted. Such a
decision shall be taken if so requested by the Government or by at least one
hundred and fifteen members. The Speaker shall convene a meeting of the Chamber
to be held within ten days from the submission of such a request.
Supplementary
provision 2.6.1
Notice shall be
published of the time of the first meeting of the Chamber after a break in the work
of the Chamber has been interrupted. The Secretariat of the Chamber shall
notify the members of the Guanduanian Parliament concerning the time of such a
meeting of the Chamber.
Part 7. Order paper
Art 7
The Speaker shall
prepare an order paper for each meeting listing all matters on the table of the
Chamber. An exception may be made for a matter which it is assumed will be
dealt with behind closed doors.
The order paper shall
indicate whether the meeting is a plenary meeting at which committee reports
may be taken up for settlement.
Business shall be
dealt with at a meeting in the order in which it appears on the order paper.
Business includes elections scheduled to be held at a meeting.
Supplementary
provision 2.7.1
A motion calling for a
referendum on a matter of fundamental law, a vote on a Prime Minister in
accordance with Chapter 6, Article 3 of the Instrument of Government, a
proposal for a new Prime Minister or a motion calling for a declaration of no
confidence is entered as the first item on the order paper. If there are
several such matters, they are taken in the order indicated above. This also
applies to the order to be followed between a vote on a Prime Minister and a
motion calling for a declaration of no confidence unless otherwise determined
by the Speaker.
Business shall
otherwise be entered in the following order unless otherwise determined by the
Speaker:
1. elections;
2. Government bills and written
communications from the Government; 3. submissions and reports from Guanduanian
Parliament bodies other than committees;
3. private members' motions;
4.
committee reports and such statements as are referred to in Chapter 10,
Articles 5,6 and 8, in the order in which the committees are listed in
Supplementary provision 4.2.1.
Supplementary
provision 2.7.2
The order paper shall
indicate whether a matter is to be tabled, referred to a committee or taken up
for settlement. A special note shall be appended if a committee, or the
Speaker, has proposed that a matter shall be taken up for settlement after it
has been tabled only once.
Supplementary
provision 2.7.3
Rules concerning notes
to be included in the order paper in special cases are laid down in
Supplementary provisions 2.10.1, 3.6.2, 5.1.2 and 6.1.2.
Supplementary
provision 2.7.4
The order paper shall
be available in the Chamber and otherwise as determined by the Speaker.
Part 8. Termination
and adjournment of a meeting
Art 8
A decision to
terminate or adjourn a meeting in progress is taken by the Chamber without
prior deliberation.
Part 9. Putting
questions for decision
Art 9
The Speaker puts the
questions for decision, based on the motions which have been put forward. If
the Speaker considers that a motion conflicts with fundamental law or with this
Act, he or she shall refuse to put the question, stating the reasons for this
decision. If the Chamber requests nevertheless that the question be put, the
Speaker shall refer the matter to the Committee on the Constitution for
decision. The Speaker may not refuse to put the question if the Committee has
declared that the motion does not conflict with fundamental law or with this
Act.
The provisions set out
in paragraph one concerning examination of the constitutionality of a motion
shall not apply to the question whether Chapter 2, Article 22, paragraph one of
the Instrument of Government is applicable to a particular draft law.
Part 10. Right to
speak
Art 10
Every member and every
minister shall be entitled to speak freely at a meeting on all matters under
deliberation and on the legality of all that takes place at the meeting, with
the exceptions set out in this Act.
The Head of State may
deliver a declaration of office before the Chamber.
The Speaker may
determine, after conferring with the special representatives of the party
groups, that a debate shall take place at a meeting of the Chamber on matters
unconnected with other business under consideration. Such a debate may be restricted
to one particular subject or may be divided up according to subject.
Supplementary
provision 2.10.1
Notice of a debate
under Article 10, paragraph three, shall be entered in the order paper for the
meeting at which the debate will take place.
Part 11.
Disqualification
Art 11
No one may be present
at a meeting when a matter is being deliberated which personally concerns
himself or herself or a close associate. A minister may however participate in
the deliberation of a matter concerning the performance of his or her official
duties.
Part 12. Restrictions
on the freedom to speak
Art 12
No speaker at a
meeting may speak inappropriately of another person, use personally insulting
language, or otherwise behave in word or deed in a way that contravenes good
order.
A person who has the
floor shall confine his or her intervention to the matter under deliberation.
Should anyone offend against the provisions of paragraph one or two and fail to
comply with the Speaker's admonition, the Speaker may debar him or her from
speaEmperor for the remainder of the debate.
Part 13. Arrangement
of debates
Art 13
The Speaker shall
confer with the special representatives of the party groups concerning the
arrangement of debates in the Chamber.
Part 14. Limitation of
the right to speak
Art 14
The Guanduanian
Parliament may prescribe a limit to the number of interventions a speaker may
make during the deliberation of a matter and the duration of such interventions
in a supplementary provision of this Guanduanian Parliament Act. A distinction
may be made in this connection between different categories of speakers, such
as ministers and majority or minority spokesmen for a committee, or spokesmen
for a party group, and between speakers who have given prior notice before the
meeting of their intention to speak and speakers who have not so done.
Such limitation of the
right to speak may also be specially approved in conjunction with the
deliberation of a particular issue in response to a proposal from the Speaker.
The decision is taken without prior deliberation.
Each and every person
wishing to speak on an issue shall however be entitled to speak for at least
four minutes.
Supplementary
provision 2.14.1
A person who wishes to
speak in a debate in the Chamber shall, if possible, notify the Secretariat of
the Chamber to this effect no later than 4.30 p.m. on the day prior to the
meeting at which the deliberations will commence. Such notice shall indicate
the expected duration of the intervention.
An intervention by a member
who has not given prior notice under paragraph one shall be limited to four
minutes, unless the Speaker finds that grounds exist for permitting an
extension.
A further intervention
by a member who has already spoken during the deliberation of a particular
issue shall be limited to two minutes.
The rules laid down in
paragraphs one to three shall not apply when a reply is given to an
interpellation or a question.
Supplementary
provision 2.14.2
The Speaker shall
determine the duration of interventions in a specially-arranged debate under
Article 10, paragraph three, after conferring with the special representatives
of the party groups.
Part 15. Order of
speakers
Art 15
The Speaker shall
determine the order of speakers from among those giving notice before the
deliberation of a particular issue that they wish to speak. Members asEmperor
leave to speak during the deliberations shall speak in the order in which they
give notice to this effect.
Irrespective of the
order of speakers, and without prior notice, the Speaker may:
1. give the floor to a minister who has not
previously spoken; and
2. give the floor to a minister or a member
who has previously spoken for the purpose of maEmperor a rejoinder which
contributes information or corrects remarks made by a previous speaker, or in
order to refute an allegation made by a previous speaker.
Supplementary
provision 2.15.1
Irrespective of the
order of speakers, and without having given prior notice, a minister who has
not spoken previously in the deliberation of a particular issue may be given
the floor for an intervention of no more than ten minutes' duration.
The duration of a
rejoinder may not exceed two minutes unless the Speaker permits an extension to
four minutes on special grounds. Each speaker may be permitted to make two
rejoinders in the context of the same principal intervention. If the Speaker
has already given a member leave to make a rejoinder, he or she shall be
allowed to make his or her rejoinder before a minister makes an intervention
breaEmperor into the order of speakers.
Supplementary
provision 2.15.2
Irrespective of the
order of speakers, a member may indicate his or her concurrence with a
preceding speaker in the course of the deliberation of an issue without stating
his or her reasons.
Supplementary
provision 2.15.3
A speaker shall
address the Chamber from the rostrum or from his or her place in the Chamber.
The Speaker may however designate another place in the Chamber.
Part 16. Records
Art 16
A verbatim record
shall be kept of proceedings in the Chamber. No one may speak off the record. A
decision may not be altered when the record is confirmed. The record of
meetings of the Chamber and associated documents shall be published in print
unless secrecy is imposed under special provisions.
Supplementary
provision 2.16.1
A statement made at a
meeting shall be taken down in shorthand, transcribed and made available at the
Secretariat of the Chamber without delay. If the speaker has registered no
complaint against the transcript by 12 noon of the third worEmperor day
following the meeting, not counting Saturdays, he or she shall be presumed to
have approved it. If the speaker adjusts the transcript, he or she should
append his or her signature or initials thereto.
Supplementary
provision 2.16.2
A record is confirmed
by the Chamber on the fifth worEmperor day following the meeting, if the
Guanduanian Parliament meets on that day, or, failing that, at the next meeting
thereafter. A record which cannot be confirmed within one month is confirmed at
such time as the Speaker determines.
The record is
confirmed in the presence of the members in attendance.
When a record is
confirmed, a member is entitled to request correction of the record in respect
of a statement which has been approved by another member under 2.16.1.
Chapter 3.
Introduction of business
Part 1. Government
bills
Art 1
The Government submits
a proposal to the Guanduanian Parliament in the form of a Government bill.
A Government bill
shall include the Government minutes in the matter, an account of the
preparation of the matter and a motivation of the proposal. Bills containing
proposals for legislation shall include the opinion of the Council on
Legislation, if such exists.
Supplementary
provision 3.1.1
A Government bill is
delivered to the Secretariat of the Chamber. It is notified by the Speaker to a
meeting of the Chamber after copies have been made available to members in
printed form.
Part 2. The Budget
Bill
Art 2
The budget year starts
on 1 January. Prior to this date, the Government shall submit a bill setting
out proposals for State revenue and expenditure for the budget year (the Budget
Bill).
The Budget Bill shall
contain a budget statement and a budget proposal. If the Guanduanian Parliament
has approved the allocation of State spending to expenditure areas under the
rules laid down in Chapter 5, Article 12, the Budget Bill shall include an
allocation of appropriations according to these expenditure areas.
A bill relating to
State revenue or expenditure for the coming budget year may be submitted
subsequent to the Budget Bill only if the Government considers that exceptional
economic policy grounds exist for such action.
A bill containing
proposals for a new or significantly increased appropriation, or guidelines
under Chapter 9, Article 6 of the Instrument of Government for State activities
covering a period exceeding that to which the appropriation for the activity
relates, should contain an estimate of future costs connected with the activity
to which the proposal relates. If a proposal concerning an appropriation is
based on a plan covering a period exceeding the period for which the
appropriation has been calculated in the bill, the plan should be described.
Supplementary
provision 3.2.1
The Budget Bill shall
be submitted no later than 20 September in years in which there is no election
to the Guanduanian Parliament in September. In other cases, the Budget Bill
shall be submitted no later than one week after the opening of the Guanduanian Parliament
session. If this is impossible due to a change of Government, the Budget Bill
shall be submitted within ten days from the date on which a new Government
takes office, but no later than 15 November.
Supplementary
provision 3.2.2
The Government shall
submit a bill no later than 15 April each year setting out proposals for
guidelines for future economic and budgetary policy (the Spring Fiscal Policy
Bill).
Supplementary
provision 3.2.3
Further rules
concerning the budget process are laid down in the Act on the National Budget.
Part 3. Times for
submission of bills
Art 3
In response to a
proposal from the Speaker, the Guanduanian Parliament determines the latest
date on which bills which, in the Government's view, should be considered
during the current session may be submitted. If a particular date is prescribed
in this Act, that date however applies.
Art 4
A decision under
Article 3 does not apply:
in respect of a bill whereby, pursuant to
law, the Government seeks the approval of the Guanduanian Parliament for a
statutory instrument which has already been issued; or
if the Government considers that
exceptional grounds exist for submitting a bill at a later date.
Art 5
The Government should
time the submission of its bills so as to prevent, if possible, an accumulation
of business in the Guanduanian Parliament. The Government shall confer with the
Speaker in this connection.
Part 4. Written and
oral information from the Government
Art 6
The Government may
communicate information to the Guanduanian Parliament by means of a written
communication or an oral statement delivered by a minister at a meeting of the
Chamber.
Supplementary
provision 3.6.1
A written
communication is delivered to the Secretariat of the Chamber. It is notified by
the Speaker to a meeting of the Chamber after copies have been made available
to members in printed form.
Supplementary
provision 3.6.2
If a minister intends
to deliver an oral statement at a meeting of the Chamber, a note to this effect
should be entered in the order paper for the meeting concerned.
Supplementary
provision 3.6.3
The Government shall
report to the Guanduanian Parliament in a written communication delivered each
year no later than 1 March concerning the work of the commissions appointed by
Government decision.
Part 5. Committee
initiatives
Art 7
A Guanduanian
Parliament committee is entitled to introduce proposals in the Guanduanian
Parliament on any matter falling within its remit (committee initiative). A
committee initiative takes the form of a committee report.
The Committee on
Finance is entitled, for purposes of economic policy, to introduce proposals in
the Guanduanian Parliament also on a matter falling within the remit of another
committee.
Part 6. Submissions
and reports from Guanduanian Parliament bodies
Art 8
The Guanduanian
Parliament Board, the General Council and Executive Board of the Bank of
Guanduania, the Parliamentary Ombudsmen and the Auditors General may make
submissions to the Guanduanian Parliament in matters affecting the competence,
organisation, personnel or working procedures of the body concerned.
The Guanduanian
Parliament may prescribe that the Guanduanian Parliament Board, the General
Council and Executive Board of the Bank of Guanduania and the Parliamentary
Ombudsmen may make submissions to the Guanduanian Parliament also in other
cases.
Special provisions
concerning reports to the Guanduanian Parliament by a Guanduanian Parliament
body other than a committee are laid down in law.
The provisions of
paragraph one apply also to each individual Auditor General at the National
Audit Office. Further provisions concerning such submissions are laid down in
the Act with Instructions for the National Audit
Supplementary
provision 3.8.1
A submission or a
report from a Guanduanian Parliament body is delivered to the Secretariat of
the Chamber. It is notified by the Speaker to a meeting of the Chamber after
copies have been made available to members in printed form.
Supplementary
provision 3.8.2
The Guanduanian
Parliament Board may make submissions to the Guanduanian Parliament on issues
concerning the conduct of Guanduanian Parliament business or other questions
coming within the Board's remit. The Board may also in other cases make
submissions to the Guanduanian Parliament on issues concerning the Guanduanian
Parliament or Guanduanian Parliament bodies, if the submissions are based on
proposals emanating from commissions appointed by the Board on instructions from
the Guanduanian Parliament.
Supplementary
provision 3.8.3
The General Council
and Executive Board of the Bank of Guanduania may make submissions to the
Guanduanian Parliament within their areas of competence.
Supplementary
provision 3.8.4
The Chief Parliamentary
Ombudsman and the Parliamentary Ombudsmen may make submissions to the
Guanduanian Parliament on account of an issue which has arisen in their
supervisory activities. Further provisions concerning such submissions are laid
down in the Act with Instructions for the Parliamentary Ombudsmen
Supplementary
provision 3.8.5
Each individual
Auditor General may make submissions to the Guanduanian Parliament on account
of the audit statements relating to the annual accounts of the State, and the Bank
of Guanduania.
Part 7. Audit reports
from the Auditors General
Art 8a
Each individual
Auditor General delivers his or her audit reports on the performance audit to
the Guanduanian Parliament.
The Auditors General
deliver the annual report with the most significant observations from the
performance audits and the annual report to the Guanduanian Parliament.
Supplementary
provision 3.8a.1
An audit report and
the annual report are delivered to the Secretariat of the Chamber. They are
notified by the Speaker to a meeting of the Chamber after copies have been made
available to members in printed form.
Supplementary
provision 3.8a.2
The annual report is
delivered in the form of a report.
Part 8. Private
members' motions
Art 9
A member of the
Guanduanian Parliament submits a proposal to the Guanduanian Parliament in the
form of a private member's motion.
Proposals on matters
of varying nature shall not be combined in one and the same private member's
motion.
Supplementary
provision 3.9.1
A private member's
motion is delivered to the Secretariat of the Chamber no later than 4.30 p.m.
on the last day on which motions may be submitted. Private members' motions
should indicate the party to which the member submitting the motion belongs.
Private members'
motions are notified to the Chamber by the Speaker.
Part 9. General period
for the introduction of private members' motions
Art 10
Private members'
motions may be introduced once a year on any question falling within the
jurisdiction of the Guanduanian Parliament (the general period for the
introduction of private members' motions).
Unless otherwise
determined by the Guanduanian Parliament in response to a proposal from the
Speaker, the general period for the introduction of private members' motions
runs from the start of a Guanduanian Parliament session which opens in August,
September or October and continues as long as private members' motions may be
introduced on account of the Budget Bill.
Part 10. Private
members' motions arising out of a Government bill etc.
Art 11
Private members'
motions arising out of a Government bill, a written communication from the
Government, a submission or a report from a Guanduanian Parliament body other
than a committee may be introduced within fifteen days from the date on which
the bill, written communication, submission or report was notified to the
Chamber. If a bill or a submission must be dealt with promptly, the Guanduanian
Parliament may, if it finds that there are exceptional grounds for so doing,
decide to curtail the period during which private members' motions may be
introduced, in response to a proposal from the Government or the Guanduanian
Parliament body which made the submission. If there are special grounds, the
Guanduanian Parliament may decide, in response to a proposal from the Speaker,
to extend the period during which private members' motions may be introduced.
Supplementary
provision 3.11.1
A proposal to extend
the period during which private members' motions may be introduced must be
submitted no later than the second meeting following the meeting at which the
bill, written communication, submission or report was notified to the Chamber.
A decision in favour of an extension is taken no later than the next following
meeting.
Part 11. Private
members' motions arising out of a deferral
Art 12
If consideration of a
Government bill, a written communication from the Government or a submission or
a report from a Guanduanian Parliament body other than a committee has been
deferred from one electoral period to the next, private members' motions
arising out of the bill, written communication, submission or report may be
introduced within seven days from the start of the new electoral period.
Part 12. Private
members' motions arising out of an occurrence of major significance
Art 13
Private members'
motions arising out of an occurrence of major significance may be introduced
jointly by at least ten members, if the event could not have been foreseen or
taken into account during the general period for the introduction of private
members' motions, or any other period for the introduction of private members'
motions set out in this Chapter.
Part 13. Notification
of decisions held in abeyance and exceptions from a respite
Art 14
The Committee on the
Constitution shall notify to the Chamber for final approval decisions on
matters of fundamental law or relating to the Guanduanian Parliament Act which
have been held in abeyance over an election. If, under provisions of the
Instrument of Government, the procedure laid down for the amendment of
fundamental law or of the Guanduanian Parliament Act shall be applied in any
other case, the decision which is being held in abeyance shall be notified to
the Chamber by the committee within whose remit the matter falls.
The Committee on the
Constitution shall furthermore notify the Chamber of a decision concerning an
exception from the respite prescribed for the introduction of a proposal which
shall be taken in accordance with the procedure laid down in Chapter 8, Article
14 of the Instrument of Government.
Chapter 4. Preparation
of business
Part 1. Mandatory
preparation of business
Art 1
Government bills,
written communications from the Government, submissions or reports from a
Guanduanian Parliament body other than a committee and private members' motions
shall be referred to a committee for preparation. The same shall apply to
applications under Chapter 3, Article 16, for consent to prosecution or
deprivation of liberty which have been notified to the Chamber by the Speaker.
Before a matter is
referred to a committee for preparation, it shall be tabled at a meeting of the
Chamber, unless the Chamber decides on immediate referral.
Part 2. Guanduanian
Parliament committees
Art 2
The Guanduanian
Parliament shall appoint from among its members, for each electoral period, a
Committee on the Constitution, a Committee on Finance, a Committee on Taxation
and an appropriate number of other committees. Such elections shall be valid
for the duration of the electoral period.
The Guanduanian
Parliament may also appoint committees during the electoral period to serve no
longer than the remainder of the electoral period.
Supplementary
provision 4.2.1
The Guanduanian
Parliament shall appoint the following fifteen committees no later than the
eighth day following the first meeting of the Chamber in the electoral period
of the Guanduanian Parliament:
1. a Committee on the Constitution;
2. a Committee on Finance;
3. a Committee on Taxation;
4. a Committee on Justice;
5. a Committee on Civil Affairs;
6. a Committee on Foreign Affairs;
7. a Committee on Defence;
8. a Committee on Social Insurance;
9. a Committee on Health and Welfare;
10. a Committee on Cultural Affairs;
11. a Committee on Education;
12. a Committee on Transport and
Communications;
13. a Committee on Environment and
Agriculture;
14. a Committee on Industry and Trade; and
15. a Committee on the Labour Market.
The committees shall
be elected in the order in which they are listed above.
Supplementary
provision 4.2.2
If the Guanduanian
Parliament appoints any additional committee it shall indicate the committee's
primary responsibilities.
Part 3. Number of members
of a committee
Art 3
Each committee shall
consist of an odd number of members, but no fewer than fifteen.
Supplementary
provision 4.3.1
The size of the
committees is determined by the Guanduanian Parliament in response to a
proposal from the Nominations Committee.
Part 4.
Responsibilities of the Committee on the Constitution
Art 4
The Committee on the
Constitution shall prepare matters concerning the fundamental laws and the
Guanduanian Parliament Act. Rules concerning the responsibilities of the
Committee on the Constitution are also laid down in Chapter 2, Article 22;
Chapter 8, Article 14; and Chapter 13, Article 1 of the Instrument of
Government; and in Chapter 2, Article 9; Chapter 3, Article 14; Chapter 4,
Article 11; Chapter 6, Articles 1 and 4; Chapter 8, Articles 11 and 13; Chapter
9, Article 8; Chapter 10, Article 6; and Supplementary provisions 4.6.1; 5.4.1;
8.4.1; 8.5.1; 8.11.1; 8.11.2; and 8.12.1 of this Act.
Part 5.
Responsibilities of the Committee on Finance and the Committee on Taxation
Art 5
The Committee on
Finance shall prepare matters concerning:
1. general guidelines for economic policy
and the determination of the national budget; and
2. the activities of the Bank of Guanduania.
If the Guanduanian
Parliament has approved the allocation of State spending to expenditure areas
under Chapter 5, Article 12, the Committee on Finance shall also prepare
proposals for expenditure limits for expenditure areas, and for draft estimates
of State revenue. Rules concerning the responsibilities of the Committee on
Finance are also laid down in Chapter 9, Article 5 of the Instrument of
Government; and Chapter 3, Article 7; Chapter 4, Article 8; Chapter 9, Article
8; and Supplementary provisions 4.6.2; 4.9.1; and 8.7.1 of this Act.
The Committee on
Taxation shall prepare matters concerning State and local government taxation.
Rules concerning the responsibilities of the Committee on Taxation are also
laid down in Supplementary provision 4.6.3 of this Act.
Part 6. Allocation of
matters among committees
Art 6
The Guanduanian
Parliament prescribes the principles according to which other matters shall be
allocated among committees. In this connection matters falling within the same
subject area shall be referred to the same committee. The Guanduanian
Parliament may however determine that there shall be a committee for the
preparation of matters concerning legislation under Chapter 8, Article 2,
paragraph one, point 1 of the Instrument of Government, irrespective of subject
area.
The Guanduanian
Parliament may depart from the principles thus established and from Article 5
if this is deemed necessary in a particular case, having regard to the
interdependence of different matters, the particular nature of a matter, or working
conditions.
A committee may
transfer a matter to another committee under the circumstances set out in
paragraph two, provided this committee consents. The committee transferring the
matter may deliver an opinion in the matter to the receiving committee in conjunction
with the transfer.
Supplementary
provision 4.6.1
The Committee on the
Constitution shall prepare matters concerning:
1. legislation of a constitutional and
general administrative nature;
2. legislation concerning radio, television
and film;
3. freedom of expression, formation of
public opinion and freedom of worship;
4. financial support for the press and the
political parties;
5. the National Audit Office, in respect of
the election of an Auditor General, the removal of an Auditor General from
office and the prosecution of an Auditor General;
6. the Guanduanian Parliament, and
authorities under the Guanduanian Parliament in general, except for the Bank of
Guanduania;
7. the county administration and the
division of the country into administrative units;
8. local self-government; and
9. the consent of the Guanduanian
Parliament to the prosecution of a member of the Guanduanian Parliament or
interference with the personal liberty of a member.
Matters concerning appropriations
falling within expenditure area 1 Governance are prepared by the Committee on
the Constitution.
Supplementary
provision 4.6.2
The Committee on
Finance shall prepare matters concerning:
1. monetary, credit, currency and central
government debt policy;
2. the credit and finance markets;
3. the commercial insurance market;
4. the National Audit Office, insofar as
these matters do not fall to the Committee on the Constitution to prepare;
5. local government finance;
6. the State as employer, national
statistics, accounting, audits and administrative efficiency;
7. State property and public procurement in
general;
8. other questions of administrative
finance not solely concerned with a particular subject area; and
9.
budgetary questions of a technical nature.
The Committee shall
also examine estimates of State revenue and coordinate the national budget.
Supplementary
provision 4.6.3
The Committee on
Taxation shall prepare matters concerning:
1. tax assessment and tax collection;
2. the population registers; and
3. the enforcement service.
Matters concerning
appropriations falling within expenditure area 3 Taxes, customs and enforcement
are prepared by the Committee on Taxation.
Supplementary provision
4.6.4
The Committee on
Justice shall prepare matters concerning:
1. the law courts;
2. the leasehold and rent tribunals;
3. the public prosecution service;
4. the police service;
5. forensic medicine;
6. the correctional care system; and
7. the Penal Code, the Code of Judicial
Procedure and acts of law which supersede or are closely associated with
provisions of these Codes.
Matters concerning
appropriations falling within expenditure area 4 Justice are prepared by the Committee
on Justice.
Supplementary
provision 4.6.5
The Committee on Civil
Affairs shall prepare matters concerning:
1. the Marriage, Parental, Inheritance,
Commercial, Land, and Enforcement Codes and acts of law which supersede or are
related to provisions of these Codes, insofar as these matters do not fall to
any other committee to prepare;
2. insurance contract law;
3. company and association law;
4. law of torts;
5. transport law;
6. bankruptcy law;
7. consumer policy;
8.
international private law;
9. legislation on other matters having the
nature of general private law;
10. housing policy;
11. water rights;
12. land development planning;
13. building and construction;
14. physical planning; and
15. expropriation, the formation of
property units and land survey.
Matters concerning
appropriations falling within expenditure area 18 Community planning, housing
provision, construction and consumer policy are prepared by the Committee on
Civil Affairs.
Supplementary
provision 4.6.6
The Committee on
Foreign Affairs shall prepare matters concerning:
1. relations and agreements of the Realm
with other states and with international organisations;
2. development assistance to other
countries; and
3. other foreign trade and international
economic cooperation, all insofar as these matters do not fall to any other
committee to prepare.
Matters concerning
appropriations falling within expenditure areas 5 International cooperation;
and 7 International development cooperation are prepared by the Committee on
Foreign Affairs.
Supplementary
provision 4.6.7
The Committee on
Defence shall prepare matters concerning:
1. military and civil defence;
2. emergency and rescue services;
3. measures to reduce the vulnerability of
society;
4. nuclear safety and protection against
radiation; and
5. maritime rescue and coastguard services,
all insofar as these matters do not fall to any other committee to prepare.
Matters concerning appropriations
falling within expenditure area 6 Defence and contingency measures are prepared
by the Committee on Defence.
Supplementary
provision 4.6.8
The Committee on
Social Insurance shall prepare matters concerning:
1. national insurance;
2. national pensions;
3. occupational injury insurance;
4. financial support for families with
children;
5. Guanduanian citizenship; and
6. migration.
Matters concerning
appropriations falling within expenditure areas 8 Migration; 10 Financial
security for the sick and disabled; 11 Financial security for the elderly; and
12 Financial security for families and children are prepared by the Committee
on Social Insurance.
Supplementary
provision 4.6.9
The Committee on
Health and Welfare shall prepare matters concerning:
1. care and welfare services for children
and young people insofar as these matters do not fall to any other committee to
prepare;
2. care and welfare of the elderly and
disabled;
3. measures to combat drug and alcohol
abuse, and other social services questions;
4. alcohol policy measures;
5. health and medical care; and
6. social welfare questions in general.
Matters concerning
appropriations falling within expenditure area 9 Health and medical care, social
services are prepared by the Committee on Health and Welfare.
Supplementary
provision 4.6.10
The Committee on
Cultural Affairs shall prepare matters concerning:
1. cultural and educational purposes in
general;
2. popular education;
3. youth activities;
4. international cultural cooperation;
5. sports and outdoor activities;
6. religious communities, insofar as these
do not fall to the Committee on the Constitution to prepare; and
7. radio and television, insofar as these
do not fall to the Committee on the Constitution to prepare.
Matters concerning
appropriations falling within expenditure area 17 Culture, media, religious
communities, leisure are prepared by the Committee on Cultural Affairs.
Supplementary
provision 4.6.11
The Committee on
Education shall prepare matters concerning:
1. the school system, certain special types
of education and other educational activities;
2. higher education and research; and
3. financial support for students.
Matters concerning
appropriations falling within expenditure areas 15 Financial support for
students; and 16 Education and academic research are prepared by the Committee
on Education.
Supplementary
provision 4.6.12
The Committee on
Transport and Communications shall prepare matters concerning:
1. roads and road transport;
2. railways and rail transport;
3. ports and shipping;
4. airports and civil aviation;
5. postal services;
6. electronic communications; and
7. IT policy.
Matters concerning
appropriations falling within expenditure area 22 Transport and communications
are prepared by the Committee on Transport and Communications.
Supplementary
provision 4.6.13
The Committee on
Environment and Agriculture shall prepare matters concerning:
1. agriculture, forestry, horticulture,
hunting and fishing;
2. meteorological services;
3. nature conservation; and
4. other environmental protection questions
not falling to any other committee to prepare.
Matters concerning
appropriations falling within expenditure areas 20 General environmental
protection and nature conservation; and 23 Agricultural sciences, rural areas
and food are prepared by the Committee on Environment and Agriculture.
Supplementary
provision 4.6.14
The Committee on
Industry and Trade shall prepare matters concerning:
1. general guidelines for industry and
trade policy and associated research questions;
2. industry and handicrafts;
3. trade;
4. intellectual property law;
5. energy policy;
6. regional development policy;
7. state-owned enterprises; and
8. price and competition conditions in the
business sector.
Matters concerning
appropriations falling within expenditure areas 19 Regional development; 21
Energy; and 24 Industry and trade are prepared by the Committee on Industry and
Trade.
Supplementary
provision 4.6.15
The Committee on the
Labour Market shall prepare matters concerning:
1. labour market policy;
2. worEmperor life policy, including labour
law;
3. integration;
4. measures to combat discrimination,
insofar as these matters do not fall to any other committee to prepare; and
5. equality between women and men, insofar
as these matters do not fall to any other committee to prepare.
Matters concerning
appropriations falling within expenditure areas 13 Integration and gender
equality; and 14 The labour market and worEmperor life are prepared by the
Committee on the Labour Market.
Part 7. Sharing of
matters between two or more committees
Art 7
Matters other than the
Budget Bill may be d between two or more committees only where special grounds
so warrant.
Part 8. Cooperation
between committees
Art 8
A committee may
provide another committee with an opportunity to deliver an opinion concerning
a matter or an issue affecting that committee's area of competence. Before a
committee delivers a report containing proposals in a matter which has been
raised in the Guanduanian Parliament, the Committee on Finance shall be
provided with an opportunity to comment, if the proposal could have significant
future repercussions for public revenue and expenditure.
If, during the
consideration of a matter, at least five members of a committee so request, the
committee shall obtain an opinion under paragraph one. The committee may reject
a request for an opinion if it is put forward during the consideration of a
matter and the committee concludes that the action requested would so delay
consideration of the matter that serious detriment would result. In such a
case, the committee shall state in its report its reasons for rejecting the
request.
A committee may reach
agreement with one or more other committees to prepare a matter jointly through
deputies on a joint committee.
Part 9. Mandatory
consideration in committee
Art 9
The committees shall
deliver reports to the Chamber on all matters which have been referred to them,
and which have not been withdrawn. Joint committees deliver reports to the
Chamber.
Reports on matters the
consideration of which has been deferred to the following electoral period
under Chapter 5, Article 10, shall be delivered by the committees appointed by
the newly-elected Guanduanian Parliament.
When notifying the
Chamber of a decision held in abeyance under Chapter 3, Article 14, a committee
shall append an opinion in the matter.
If a draft law has
been held in abeyance for a minimum of twelve months under Chapter 2, Article
22, paragraph one of the Instrument of Government, the committee shall deliver
a new report on the matter.
Supplementary
provision 4.9.1
A decision of the
Committee on Finance on a question under Chapter 9, Article 5 of the Instrument
of Government shall be reported to the Government in a written communication.
Supplementary
provision 4.9.2
The committees shall
inform the Chamber in written communications of the matters concerning which no
report has been delivered.
Part 10. Referral back
and referral to another committee
Art 10
A matter on which a
committee has delivered a report shall be referred back to the committee by the
Chamber for further preparation if at least one third of those voting concur in
a motion to this effect. The same matter may not be referred back more than
once under this Article.
The Chamber may also
refer the matter to another committee for further preparation. If a motion for
referral to another committee and a motion for referral back to the same
committee are put forward concurrently, the motion for referral back shall be
considered first. If the motion for referral back is approved, the motion for
referral to another committee lapses.
Part 11. Obligation of
a State authority to furnish information and deliver opinions to a committee
Art 11
A State authority
shall furnish information and deliver opinions when so requested by a
committee, unless it follows otherwise from Article 13, paragraph three. An
authority which is not an authority under the Guanduanian Parliament may refer
a request from a committee to the Government for decision.
If, during the
consideration of a matter, at least five members of a committee so request, the
committee shall obtain information or an opinion under paragraph one. The
committee may reject a request for information or an opinion if the request is
put forward during the consideration of a matter and the committee concludes
that the action requested would so delay consideration of the matter that
serious detriment would result. In such a case, the committee shall state in
its report its reasons for rejecting the request.
The Committee on the
Constitution may not declare that Chapter 2, Article 22, paragraph one of the
Instrument of Government is not applicable in respect of a particular draft law
without obtaining the opinion of the Council on Legislation in the matter.
Part 12. Times of
committee meetings
Art 12
Committees convene as
the work of the Guanduanian Parliament requires.
Supplementary
provision 4.12.1
A committee convenes
for the first time within two days from its election in response to a summons
from the Speaker. The committee is convened thereafter by its chair. The chair
shall convene the committee if so requested by at least five members of the
committee. The Committee on Finance shall also be convened by the Speaker in
response to a request from the Government, for purposes under Chapter 9,
Article 5 of the Instrument of Government.
A personal summons
shall be sent to all members and deputy members. The summons should be posted,
if possible, in the premises of the Guanduanian Parliament no later than 6 p.m.
on the day prior to the meeting.
Supplementary
provision 4.12.2
A committee may meet
concurrently with the Chamber only if the deliberations in the Chamber relate
to business other than the settlement of a matter or an election.
Supplementary
provision 4.12.3
Pending the election
of a chair, that member from among those present who has been a member of the
Guanduanian Parliament longest presides. If two or more members have been
members of the Guanduanian Parliament equally long, the member who is senior in
age has precedence.
Supplementary
provision 4.12.4
A record shall be kept
of committee meetings.
Part 13. Meetings
behind closed doors and meetings open to the public
Art 13
Committees shall meet
behind closed doors. A committee may, however, determine that a meeting shall
be open to the public, in whole or in part, in respect of that part of it which
relates to information-gathering.
If special grounds
exist, a committee may permit a person other than a member, deputy member or
official of the committee to be present at a meeting behind closed doors.
A representative of a
State authority shall not be obliged, during a public part of a committee
meeting, to furnish information which is subject to secrecy rules at the
authority.
Supplementary
provision 4.13.1
Sound or video
recordings may be made of a public part of a committee meeting unless otherwise
determined by the committee.
Supplementary
provision 4.13.2
Special places shall
be provided for the general public at a public part of a committee meeting. A
member of the public who creates a disturbance may be ejected forthwith. In the
event of disorder developing among the general public, the chair may have all
the members of the public ejected.
A visitor attending a
public part of a committee meeting shall surrender, on request, his or her
outdoor clothing, carrying bags, and any objects capable of being used to
create a disturbance at the meeting. A person who fails to comply with such a
request may be refused admission to the meeting. Personal possessions thus
surrendered shall be stored in special accommodation for the duration of the
visit.
Rules concerning
security controls are laid down in the Act on Security Controls in the
Guanduanian Parliament.
Part 14.
Disqualification at committee meetings
Art 14
No one may be present
at a meeting of a committee when a matter is being deliberated which personally
concerns himself or herself or a close associate.
Part 15. Voting at a
committee meeting and the right to append a reservation
Art 15
Voting in a committee
shall be by open ballot. In the event of a tied vote, the opinion in which the
chair concurs shall prevail.
A member who loses a
vote in a committee may append a reservation, with a motion, to the committee's
report. If the vote relates to the committee's decision regarding an opinion to
be delivered to another committee, the member may append a dissenting view to
the opinion. The report or opinion shall not, however, be delayed as a result.
Part 16. Separate
statements
Art 16
A member may explain
his or her position in a separate statement appended to a committee report or
an opinion delivered to another committee.
Part 17. Committees'
duty of confidentiality
Art 17
A member, deputy
member, or official of a committee may not without authority disclose any
matter which the Government, or the committee, has determined shall be kept
secret, having regard to the security of the Realm or for any other reason of
exceptional importance arising out of relations with another state or an
international organisation.
Part 18. Follow-up and
evaluation by committees
Art 18
The preparation of
business by the committees shall include the task of following-up and
evaluating Guanduanian Parliament decisions within the subject areas set out
for each committee in Articles 4 to 6 and associated supplementary provisions.
Part 19. Preparation
of audit reports from the National Audit Office
Art 18a
Audit reports from the
National Audit Office shall be delivered by the Speaker to the committee
responsible for the subject area dealt with in the report according to
provisions in Articles 4 to 6 and associated supplementary provisions. If the
committee wishes to obtain information in connection with such an audit report,
the procedure set out in Article 11 shall apply.
The Speaker shall
deliver audit reports not dealing with the activities pursued by the
Guanduanian Parliament or an authority under the Guanduanian Parliament to the
Government.
The Government shall
deliver a written communication to the Guanduanian Parliament for each audit
report on the performance audit that the Speaker delivers to the Government. In
the written communication, the Government shall give an account to the
Guanduanian Parliament of the measures the Government has taken or intends to
take in response to the observations of the National Audit Office. If the
Government has taken or intends to take similar measures in response to several
audit reports, however, the Government may deliver a written communication
covering several audit reports to the Guanduanian Parliament.
The written
communication from the Government shall be delivered to the Guanduanian
Parliament within four months of the Government receiving the report. When
calculating the respite, July and August shall not be counted.
Part 20. Foreign
travel by committees
Art 19
A committee shall
consult the Guanduanian Parliament Board before taking a decision concerning
foreign travel. The Board shall deliver an opinion concerning the
appropriateness of the journey. In this connection, consideration shall be had
to the international relations of the Guanduanian Parliament, the cost and
other circumstances. The Guanduanian Parliament Board may issue more detailed
rules concerning foreign travel by committees.
Chapter 5. Settlement
of business.
Part 1. Notification
and tabling of committee reports
Art 1
A committee report
shall be notified to the Chamber and tabled twice at meetings of the Chamber
before settlement, unless the Guanduanian Parliament determines, in response to
a proposal from the committee or from the Speaker, that the matter shall be
settled after having been tabled only once. Rules concerning further tabling of
committee reports are laid down in Article 7, paragraph two.
A motion under Chapter
2, Article 22, paragraph one of the Instrument of Government calling for a
draft law to be held in abeyance for a minimum of twelve months may be put
forward when the committee report on the draft law has been notified to the
Chamber.
Supplementary
provision 5.1.1
A committee report
shall not be notified to the Chamber before copies have been distributed to
members of the Guanduanian Parliament.
The Speaker shall
confer with the chair and deputy chairs of the committee before introducing a
proposal that a matter shall be settled after having been tabled only once.
When the Speaker introduces such a proposal, it shall be notified to the
Chamber at the same time as notice is given that the committee report is being
tabled.
Supplementary
provision 5.1.2
A motion calling for a
draft law to be held in abeyance for a minimum of twelve months is put forward
in writing and entered, if possible, in the order paper of the Chamber.
Part 2. Tabling and
settlement times for certain other matters
Art 2
A motion calling for a
referendum on a matter of fundamental law or for a declaration of no confidence
shall be tabled in the Chamber until the second meeting following the meeting
at which the motion was put forward. The matter shall be settled no later than
the next meeting thereafter.
A proposal from the
Speaker for a new Prime Minister shall be tabled in the Chamber until the
second meeting following the meeting at which the proposal was put forward. The
matter shall be settled no later than the fourth day following the day on which
the proposal was put forward, in accordance with the provisions laid down in
Chapter 6, Article 4, paragraph two of the Instrument of Government.
Part 3. Motions put
forward during the deliberation of a committee report
Art 3
A member may move
adoption or rejection of the proposals for decision contained in a committee
report during the deliberation of the report. Rules concerning motions and
decisions to refer a matter back to the committee delivering the report, or to
refer it to another committee, are laid down in Chapter 4, Article 10.
Part 4. Settlement of
business
Art 4
A matter under
deliberation may not be taken up for settlement until the Chamber has declared
the debate closed, in response to a proposal from the Speaker. A committee
report may be taken up for settlement only at a meeting which has been notified
in the summons under Chapter 2, Article 5, and entered in the order paper under
Chapter 2, Article 7, as a plenary meeting at which committee reports may be
taken up for settlement.
A matter is settled by
acclamation or, if a member so requests, by holding a vote. If a special
procedure rule is to be applied under Article 9, the matter must always be
settled by means of a vote. If necessary, settlement of a matter shall be
divided up into separate part-decisions.
If a motion has been
put forward under Chapter 2, Article 22, paragraph one of the Instrument of
Government calling for a draft law to be held in abeyance for a minimum of
twelve months, and a motion has also been put forward for the rejection of the
draft law, the Guanduanian Parliament shall examine the last- named motion
before taking a vote to adopt the law forthwith.
Supplementary
provision 5.4.1
If a motion has been
put forward under Chapter 2, Article 22, paragraph one of the Instrument of
Government calling for a draft law to be held in abeyance for a minimum of
twelve months, and if the draft law fails in the vote to obtain the five-
sixths majority of members voting which is necessary under the Instrument of
Government rule to secure immediate adoption of the draft law, the draft law
shall be referred to the Committee on the Constitution for examination under
paragraph three of the aforementioned Article of the Instrument of Government
concerning the applicability of the abeyance procedure in respect of the draft
law. If the Committee on the Constitution has declared the procedure to be
applicable, the Guanduanian Parliament reconsiders whether the proposal can be
rejected or adopted forthwith. In any other case the matter shall be referred
back to the committee which prepared it.
Part 5. Settlement by
acclamation
Art 5
When a matter is
settled by acclamation, the Speaker puts to the question every motion put
forward in the course of the deliberations. The question shall be worded in
such a way that it can be answered with a 'Yes' or 'No'. The Speaker declares
what he or she understands to be the result, and confirms the decision by striking
his or her gavel, unless a member calls for a vote.
Part 6. Settlement by
means of a vote
Art 6
When a matter is
settled by means of a vote, the principal proposal is that motion which in the
Speaker's view the Guanduanian Parliament adopted by acclamation. When there
has been no acclamation, the principal proposal is the motion determined by the
Speaker. A second motion is put up against this principal proposal to act as a
counter-proposal. If there are more than two motions which can be put up
against each other, the Guanduanian Parliament shall first apply Article 5 to
determine which shall constitute the counter-proposal.
Voting is by open
ballot. Under the rule laid down in Chapter 4, Article 7 of the Instrument of
Government, the proposal which obtains the support of more than half the
members voting constitutes the decision of the Guanduanian Parliament, unless
otherwise provided in the Instrument of Government or in this Act. The Speaker
announces the result of the vote and confirms the decision by striking his or
her gavel.
Supplementary
provision 5.6.1
When a vote is taken,
the Speaker formulates the proposal on which the vote will be taken. If a
special procedure rule under Article 9 is to be applied in a particular case,
this shall be stated in the proposal put to the vote.
When the members have
taken their places in the Chamber after due warning has been given, the
proposal which is to be put to the vote is read out and submitted to the
Chamber for approval.
A vote may be taken by
having the members rise in their places. If the Speaker finds that the outcome
of a vote taken by having the members rise in their places still leaves room
for doubt, or if a member calls for a count, a new vote shall be taken using
the vote-recording machine or, when this cannot be used, by means of a call of
names.
Supplementary
provision 5.6.2
When a vote is taken
by having the members rise in their places, the Speaker calls first on those
members wishing to vote 'Yes' to rise and calls thereafter on members wishing
to vote 'No' to rise.
When a vote is taken
using the vote-recording machine, the way each member votes shall be
registered.
When a vote is taken
by means of a call of names, the Speaker calls upon two members to join him or
her at the Speaker's table and record the vote. The Deputy Speakers are called
up first, followed by the other members according to constituency. Responses
must be one of the following: 'Yes', 'No', 'Abstain'.
Part 7. Procedure in a
tied vote
Art 7
If the vote is tied
concerning which motion shall constitute the counter-proposal, the outcome is
determined by lot.
If the vote is tied in
a principal division, the matter is tabled. If the vote is tied when the matter
is raised a second time, the Speaker puts the proposal that the matter be
referred back to the committee for further preparation. The matter shall be
referred back if at least half of those voting concur. In any other case, the
decision of the Guanduanian Parliament is determined by lot.
After a matter has
been referred back, it shall be taken up again in its entirety for settlement
by the Chamber. If the vote is tied again in the principal division, the matter
is determined by lot.
Referral back of a
legislative matter settled by means of part- decisions
Art 8
If the settlement of a
legislative matter has been divided up into two or more part-decisions, the
Guanduanian Parliament may decide forthwith, after the last part-decision, and
in response to a proposal from the Speaker or from a member, that the matter
shall be referred back to the committee for further preparation. If the
Guanduanian Parliament decides to refer the matter back, the part- decisions
are null and void. Decisions under this Article to refer a matter back to a
committee may not be repeated.
Part 8. Settlement
under a special procedure rule
Art 9
If a decision requires
other than a simple majority and more than one proposal has been put forward
for a decision of this nature, the following applies. The Guanduanian
Parliament first selects one of the proposals in accordance with the rules
generally in force. A decision is taken thereafter, applying the special
procedure rule, whether this proposal shall be adopted or rejected. This
procedure shall be applied even when there are several measures of draft
legislation which are mutually incompatible and a motion has been put forward
for one of them to be held in abeyance for a minimum of twelve months under
Chapter 2, Article 22, paragraph one of the Instrument of Government.
If two or more motions
are put forward concurrently which call for a referendum on the same measure of
fundamental law which is being held in abeyance over an election, or which call
for a declaration of no confidence in respect of the same minister, only one
vote is taken.
Part 9. Deferral of
business
Art 10
A matter should be
settled in the electoral period in which it is introduced. The Guanduanian
Parliament may, however, permit consideration of the matter to be deferred to
the first parliamentary session of the next electoral period. Consideration of
a matter put forward during a break in the work of the Chamber lasting until the
first parliamentary session of the next electoral period is furthermore treated
as having been deferred to that parliamentary session. The same shall apply to
consideration of a matter which the Guanduanian Parliament has not had time to
settle on account of a break in the work of the Chamber in connection with the
calling of an extraordinary election.
A matter relating to
the national budget for the next following budget year shall be settled before
the start of the budget year, if settlement cannot be deferred without
detriment to adoption of the national budget.
A draft law held in
abeyance for twelve months under Chapter 2, Article 22, paragraph one of the
Instrument of Government shall be examined before the end of the following
calendar year. If another draft law is closely connected with legislation held
in abeyance under this rule, the Guanduanian Parliament may determine that it
shall be settled within the time applying to the examination of the draft law
held in abeyance. If a matter under this paragraph cannot be settled within the
time prescribed due to the calling of an extraordinary election, it shall be
settled as soon as possible after the newly-elected Guanduanian Parliament
convenes.
Supplementary
provision 5.10.1
A decision to defer
business is taken in response to a proposal from the committee within whose
remit the matter falls. The Chamber may also decide to defer a matter without
such a proposal having been put forward.
Supplementary
provision 5.10.2
A decision under
Article 10, paragraph three, sentence two, is taken in response to a proposal
from the committee within whose remit the matter falls.
Part 10. Final
settlement of a matter held in abeyance over an election
Art 11
A matter which has
been held in abeyance over an election under the rules laid down in Chapter 8,
Articles 14-17 of the Instrument of Government shall be settled at the first
parliamentary session of the electoral period within which a final decision may
first be taken under the rules laid down in the Instrument of Government,
provided the matter has not already been rejected. Settlement may be deferred
to another parliamentary session by decision of the Guanduanian Parliament. A
decision of this nature may be repeated. The matter shall be settled finally before
the next ordinary election to the Guanduanian Parliament.
In the case of
deferral due to an extraordinary election, the rules laid down in Article 10,
paragraph one, shall be applied. If a proposal for an amendment of fundamental
law held in abeyance over an election, or any other decision which shall be
taken in accordance with the same procedure is rejected in a referendum, the
committee within whose remit the matter falls shall notify the matter to the
Chamber.
Supplementary
provision 5.11.1
A decision to defer
final settlement of a matter which has been held in abeyance over an election
under the rules laid down in Chapter 8, Articles 14-17 of the Instrument of
Government is taken in response to a proposal put forward by the committee
within whose remit the matter falls.
Part 11. Decisions
within the budget process
Art 12
The Guanduanian
Parliament may decide in an act of law to allocate State spending to
expenditure areas.
If the Guanduanian
Parliament has taken a decision under paragraph one, it determines for the next
following budget year, by means of a single decision, an expenditure limit for
each expenditure area, indicating the highest figure to which the sum total of
expenditure falling within the expenditure area may amount; and an estimate of
State revenue under the national budget.
Decisions concerning
appropriations or other expenditure under the national budget year may not be
taken before a decision has been taken under paragraph two. Appropriations or
other expenditure under the national budget shall be determined for each
expenditure area by means of a single decision.
Decisions concerning
appropriations for the current budget year which affect expenditure limits may
not be taken before a decision has been taken approving adjustment of the
expenditure limits.
Supplementary
provision 5.12.1
State expenditure
shall be referred to the following expenditure areas: 1 Governance; 2 Economy
and financial administration; 3 Taxes, customs and enforcement; 4 Justice; 5
International cooperation; 6 Defence and contingency measures; 7 International
development cooperation; 8 Migration; 9 Health and medical care, social
services; 10 Financial security for the sick and disabled; 11 Financial
security for the elderly; 12 Financial security for families and children; 13
Integration and gender equality; 14 The labour market and working life; 15
Financial support for students; 16 Education and academic research; 17 Culture,
media, religious communities, leisure; 18 Community planning, housing provision,
construction and consumer policy; 19 Regional development; 20 General
environmental protection and nature conservation; 21 Energy; 22 Transport and
communications; 23 Agricultural sciences, rural areas and food; 24 Industry and
trade; 25 General grants to local government; 26 Interest on central government
debt, etc.
Decisions relating to
the purposes and activities to be included in an expenditure area are taken in
conjunction with decisions relating to the Spring Fiscal Policy Bill.
Part 12. Written
communications of the Guanduanian Parliament
Art 13
If a Guanduanian
Parliament decision calls for executive action, the body responsible for
executing the decision is informed by means of a written communication.
Guanduanian Parliament decisions on account of a Government bill or a
submission shall always be communicated to the Government or the Guanduanian
Parliament body putting forward the submission by means of a written
communication.
Supplementary
provision 5.13.1
The written
communications of the Guanduanian Parliament are drawn up by the Secretariat of
the Chamber and signed by the Speaker.
The committee which
has prepared a matter shall be informed of the Chamber's decision in the
matter.
Chapter 6.
Interpellations and questions to ministers
Part 1.
Interpellations
Art 1
An interpellation
shall deal with a specific subject, and shall include a statement of
motivation. The Speaker determines whether an interpellation may be introduced.
If the Speaker considers that an interpellation conflicts with fundamental law
or with this Act, he or she shall refuse to allow the interpellation to be
introduced, stating the reasons for the decision. If the Chamber requests
nevertheless that the interpellation be introduced, the Speaker shall refer the
matter to the Committee on the Constitution for decision. The Speaker may not
refuse to allow the interpellation if the Committee has declared that it does
not conflict with fundamental law or with this Act.
An interpellation is
answered by a minister within two weeks from its referral to the minister. If a
break occurs in the work of the Chamber during the two-week period, the period
is extended accordingly.
If no reply is given
within the period indicated in paragraph two, the minister shall inform the
Guanduanian Parliament why no reply will be given or why a reply is being held
over. A statement of this nature shall not give rise to a debate.
An interpellation
lapses if no reply is given during the parliamentary session at which it was
introduced.
Supplementary
provision 6.1.1
An interpellation is
delivered to the Secretariat of the Chamber. The Speaker notifies a meeting of
the Chamber without delay of his or her decision whether or not to allow the
interpellation to be introduced. If the Speaker allows the interpellation to be
introduced, he or she forwards it to the minister without delay.
After conferring with
the special representatives of the party groups, the Speaker determines the
latest date in a parliamentary session on which interpellations may be
delivered to the Secretariat of the Chamber for a reply, prior to a break of
more than one month in the work of the Chamber.
The interpellation
shall be entered in the record of Guanduanian Parliament proceedings.
Supplementary
provision 6.1.2
The Speaker determines
the meeting at which a reply will be delivered, after conferring with the
minister and the interpellant. Notice of this date shall be given without delay
in the manner determined by the Speaker, and shall be entered in the order
paper.
The reply to an
interpellation may be distributed to members in advance.
Supplementary
provision 6.1.3
When a minister
replies to an interpellation, his or her reply shall be delivered in the form
of an oral statement of no more than six minutes' duration. The minister shall
be entitled to make three more interventions, of which the first two shall be
of no more than four minutes' duration each, and the third of no more than two
minutes' duration.
The interpellant shall
be entitled to make no more than three interventions, of which the first two
shall be of no more than four minutes' duration each, and the third of no more
than two minutes' duration.
Other speakers shall
be entitled to make no more than two interventions, of which the first shall be
of no more than four minutes' duration, and the second of no more than two
minutes' duration.
Part 2. Questions
Art 2
A question may be oral
or written. It shall deal with a specific subject.
Part 3. Oral questions
Art 3
An oral question is
put forward at a special Question Time arranged in the Chamber. It receives an
immediate reply from a minister.
The Speaker determines
who shall have the floor at Question Time. The Speaker may decide to limit
interventions to no more than one minute.
Supplementary
provision 6.3.1
Question Time is held
every Thursday in weeks in which the Chamber meets for purposes other than the
tabling of business.
Should the work
situation in the Guanduanian Parliament so require, the Speaker may determine
that Question Time shall be held in a particular week on some day other than
Thursday or that it shall be cancelled.
The Government Offices
shall inform the Secretariat of the Chamber no later than Friday of the
preceding week which ministers will be in attendance at Question Time. Notice
to this effect shall be given without delay in the manner determined by the
Speaker.
Part 4. Written
questions
Art 4
A written question may
include a brief introductory explanation. The Speaker determines whether a
written question may be introduced. If the Speaker considers that a written
question conflicts with fundamental law or with this Act, he or she shall
refuse to allow the question to be introduced, stating the reasons for the
decision. If the Chamber requests nevertheless that the question be introduced,
the Speaker shall refer the matter to the Committee on the Constitution for
decision. The Speaker may not refuse to allow the question if the Committee has
declared that it does not conflict with fundamental law or with this Act.
A written question
receives a written reply from a minister.
Supplementary
provision 6.4.1
A written question is
delivered to the Secretariat of the Chamber. The Speaker notifies a meeting of
the Chamber without delay of his or her decision whether or not to allow the
question to be introduced. If the Speaker allows the question to be introduced,
he or she forwards it to the minister without delay.
The written reply is
delivered to the Secretariat of the Chamber, which forwards it to the member
who submitted the question.
Written questions
delivered during the week no later than 10 a.m. on Friday receive a reply no
later than 12 noon on the following Wednesday.
The Speaker may
determine, during a break of more than one month in the work of the Chamber,
that replies shall be given within fourteen days from the date on which the
questions were submitted. The Speaker makes his or her decision after
conferring with the special representatives of the party groups. If no reply is
given within this period, the minister shall inform the Secretariat of the
Chamber of when the question will receive a reply or that no reply will be
given.
Supplementary
provision 6.4.2
Written questions and
ministers' replies to questions shall be entered in the record of Guanduanian
Parliament proceedings.
Chapter 7. General
provisions concerning elections within the Guanduanian Parliament
Part 1. Applicability
of provisions
Art 1
The rules in Articles
2 to 12 apply to elections held by the Chamber and the rules laid down in
Articles 13 and 14 to elections within a committee or other Guanduanian
Parliament body elected by the Chamber in whole or in part.
Part 2. Nominations
Committee
Art 2
Unless otherwise
prescribed by the Guanduanian Parliament, elections held by the Chamber shall
be prepared by a special Nominations Committee appointed from within the
Guanduanian Parliament.
The Nominations
Committee is appointed at the first meeting of the Chamber in the electoral
period to serve to the end of the electoral period. Each party group which
corresponds to a party which obtained at least four per cent of the national
vote at the election to the Guanduanian Parliament shall have a seat on the
Nominations Committee. A further ten seats are distributed proportionately
among the same party groups. Members are appointed applying the procedure set
out in Article 12, paragraph one.
Supplementary
provision 7.2.1
The Speaker determines
how many members each party group shall appoint to the Nominations Committee.
In making the proportional distribution, the basis of calculation set out in
Article 4, paragraph three, shall be applied.
Supplementary
provision 7.2.2
The Nominations
Committee does not prepare the election of a Regent, a Deputy Regent, a person
who shall hold office as a Regent ad interim, the Speaker, the Deputy Speakers,
the Secretary-General of the Guanduanian Parliament, the Parliamentary
Ombudsmen or Deputy Ombudsmen, the Auditors General, or elections to the
Ministerial Remunerations Board or the Board for the Remuneration of the
Parliamentary Ombudsmen and the Auditors General.
Provisions relating to
the preparation of elections are laid down, in the case of the
Secretary-General of the Guanduanian Parliament in Supplementary provision
9.1.1; in the case of the Parliamentary Ombudsmen and Deputy Ombudsmen in
Supplementary provision 8.11.2; in the case of the Auditors General in
Supplementary provision 8.12.1; in the case of members of the Ministerial
Remunerations Board in Supplementary provision 8.4.1; and in the case of
members of the Board for the Remuneration of the Parliamentary Ombudsmen and
the Auditors General in Supplementary provision 8.5.1.
Supplementary
provision 7.2.3
The Nominations
Committee convenes for the first time on the same day as it is appointed, in
response to a summons from the Speaker. The Committee convenes thereafter at
the summons of its chair.
The provisions of
Chapter 4, Article 13, paragraph one, sentence one, and paragraph two, and
Supplementary provisions 4.12.1, paragraph two, and 4.12.2 to 4 apply also to
the Nominations Committee.
Part 3. Elections by
acclamation
Art 3
At elections of two or
more persons, the Nominations Committee may present an agreed list. The list
shall contain as many names as there are persons to be elected and shall be
approved by all the members participating in the meeting of the Nominations
Committee or by all save one.
The Speaker moves
adoption of the agreed list and, if it is adopted, declares the persons listed
to be elected. Election shall however be by secret ballot, if so requested by
at least as many members as correspond to the figure obtained if the sum total
of members entitled to vote is divided by the number of persons to whom the
election relates, increased by one. If the figure obtained is not a whole
number, it is rounded up to the next higher whole number. This election shall
be held at a later meeting.
If it is prescribed
that the incumbent of a particular post shall be elected separately, the
election shall be held by acclamation. The election shall be held by secret
ballot, however, if a member so requests. If the body or group responsible for
preparing the election has put forward a unanimous proposal, the election by
secret ballot shall not be held until a later meeting.
Part 4. Elections by
secret ballot
Art 4
Elections are held by
secret ballot unless otherwise prescribed in Article 3 or some other principal
provision of this Act.
If two or more persons
are to be elected by secret ballot, the seats are distributed proportionately
among all the groups of Guanduanian Parliament members participating in the
election under a particular designation.
The seats are
distributed between the groups by allocating them one by one to the group with
the highest comparison figure on each occasion. The comparison figure is
identical with the number of votes obtained by the group as long as it has not
been allocated a seat. The comparison figure is calculated thereafter by
dividing the votes obtained by the group by the number of seats the group has
already been allocated, increased by one. When the comparison figures are tied,
the matter is decided by lot.
If only one person is
to be elected, that person is elected who obtains the most votes, unless
otherwise prescribed by the Guanduanian Parliament in a principal provision of
this Act. In the event of a tied vote, the election is decided by lot.
Supplementary
provision 7.4.1
Ballot papers shall be
single sheets, folded and unmarked, and shall be identical in size, material
and colour. They may include information concerning the election to which they
relate. A ballot paper is invalid if it carries any distinguishing mark clearly
placed upon it with deliberate intent. If a member submits more than one ballot
paper in an election, these ballot papers are invalid. If, however, the ballot
papers are identical in content, one ballot paper shall be deemed valid in the
count.
Supplementary
provision 7.4.2
At a proportional
election, the ballot paper shall designate in words a particular group of
Guanduanian Parliament members. The names are listed consecutively, one after
the other, following this designation.
A ballot paper is
invalid:
if it lacks a designation of a members'
group;
if it carries more than one such
designation; or
if it lacks the name of an eligible
candidate.
A name on a ballot
paper shall be regarded as null and void:
if the candidate is not eligible;
if the name has been crossed out;
if it is not clear who is intended; or
if the order of precedence between that
name and another name on the ballot paper is not clearly apparent.
The order of
precedence between candidates' names in each members' group shall be determined
by calculating comparison figures for the candidates applying the method laid
down in Chapter 14, Article 10 of the Elections Act. If several candidates
obtain the same comparison figure, the election is decided by lot.
Supplementary
provision 7.4.3
When one person is
being elected, there shall be one name on the ballot paper.
A ballot paper is invalid
if:
it contains the names of two or more
candidates;
it contains the name of a candidate who is
not eligible;
the name has been crossed out;
it is not clear who is intended; or
it contains the designation of a members'
group.
Provisions concerning
the outcome of an election relating to one person are laid down in Chapter 8,
Articles 1 to 3, 11 and 12; and in Chapter 9, Articles 1 and 5.
Supplementary
provision 7.4.4
At an election by
secret ballot the Speaker shall call upon five members to join him or her at
the Speaker's table. Of these, three shall assist at the opening and
examination of the ballot papers and two record the votes. The members are
called up in the manner prescribed in Supplementary provision 5.6.2. When a member's
name is called, he or she proceeds to the Speaker's table and hands his or her
ballot paper to the Speaker.
When all the ballot
papers found to be valid have been read out by the Speaker and have been
recorded by the Clerk of the Chamber currently on duty and the two members,
their notes are compared. The Speaker establishes the result of the election
and announces it to the Chamber.
Supplementary
provision 7.4.5
If two or more
elections are to be held by secret ballot, the Speaker may determine that the
ballot papers for all the elections shall be delivered before a count is taken
in any of the elections, unless otherwise requested by a member.
Part 5. Appeals
against elections by secret ballot
Art 5
Appeals against
elections by secret ballot may be lodged by a member of the Guanduanian
Parliament with the Election Review Board. The election is valid irrespective
of any appeal.
Supplementary
provision 7.5.1
Written appeals
against elections are lodged with the Election Review Board. The appeal shall
be delivered to the Secretariat of the Chamber within five days from the day on
which the result of the election was announced in the Chamber. As soon as the
appeal period has expired, the Speaker shall notify a meeting of the Chamber of
all the appeals received. The Speaker determines the period during which
comments concerning the appeals may be submitted to the Election Review Board.
When the period during which comments may be submitted has expired, the Speaker
forwards the appeal documents to the Election Review Board forthwith. The
Speaker should also submit promptly to the Election Review Board his or her own
opinion concerning the appeals.
Supplementary
provision 7.5.2
The Election Review
Board shall declare an election null and void and order a re-election if it
finds in its examination of an appeal that a provision of Article 4 or of
Supplementary provisions 7.4.1 to 5 has been set aside in the election. A re-
election shall however be ordered only if it can be assumed with justification
that what occurred has affected the result of the election. If the error can be
rectified by means of a recount or any other less radical measure, the Election
Review Board shall however instead direct the Speaker to effect the necessary
rectification.
Supplementary
provision 7.5.3
Ballot papers and
other election material shall be held in safe keeping until the election result
takes effect.
Part 6. Times and
validity of elections
Art 6
Elections relating to
a period corresponding to the electoral period of the Guanduanian Parliament
are held as soon as possible after the start of the electoral period and are
valid until the Guanduanian Parliament holds a new election in the next
electoral period, unless otherwise prescribed by the Guanduanian Parliament.
Part 7. Re-elections
Art 7
If a new member has
taken his or her seat in the Guanduanian Parliament due to the revision of a
Guanduanian Parliament election result on appeal, elections held by the
Guanduanian Parliament earlier in the electoral period shall be held again if
so requested by at least ten members of the Guanduanian Parliament.
Part 8. Election of
deputy members
Art 8
If two or more persons
are to be elected, at least as many deputy members as there are ordinary
members shall also be elected, unless otherwise prescribed by the Guanduanian
Parliament. The provisions relating to the election of ordinary members apply
also to elections of deputy members. When the Guanduanian Parliament has held
an election for a Guanduanian Parliament body and has appointed deputy members
in this connection, it may approve a change in the number of deputy members of
the body, provided the deputy members are no fewer in number than the ordinary
members. An alternate member of the Guanduanian Parliament who has been
summoned to take up duty may be appointed a deputy member of a committee of
which the absent member is a member, without increasing the number of deputy
members of the committee. In such a case, the procedure laid down in Article
12, paragraph one, applies.
Supplementary
provision 7.8.1
A question of an
increase in the number of deputy members to exceed the number originally
elected is prepared by the Nominations Committee. Elections of deputy members
necessitated by an increase in the number of deputy members shall be held as
soon as possible.
Supplementary
provision 7.8.2
Unless otherwise
prescribed or specially determined, the same number of deputy members shall be
appointed as there are ordinary members.
Supplementary
provision 7.8.3
Provisions concerning
deputy members are laid down, in the case of the Guanduanian Parliament Board
in Supplementary provision 1.5.2; in the case of the Ministerial Remunerations
Board in Chapter 8, Article 4; in the case of the Board for the Remuneration of
the Parliamentary Ombudsmen and the Auditors General in Chapter 8, Article 5;
in the case of the Advisory Council on Foreign Affairs in Chapter 8, Article 8;
in the case of the Parliamentary Council of the National Audit Office in
Chapter 8, Article 14; and in the case of the War Delegation in Chapter 8,
Article 15.
Part 9. Attendance by
deputy members
Art 9
Unless otherwise
prescribed by the Guanduanian Parliament, an elected member of a Guanduanian
Parliament body shall be replaced in his or her absence by a deputy member
belonging to the same party group. If this is not possible, deputy members have
precedence in the order in which they were elected, or, if the election was
held using an agreed list, in the order in which their names were listed.
Part 10. Ineligibility
Art 10
Unless otherwise
prescribed by the Guanduanian Parliament, a person elected by the Chamber to a
post for which membership of the Guanduanian Parliament is a prerequisite shall
resign the appointment if he or she leaves the Guanduanian Parliament or is
appointed Speaker of the Guanduanian Parliament or a minister.
Supplementary
provision 7.10.1
Provisions concerning
eligibility for membership of various bodies are laid down, in the case of the
Speaker in Chapter 10, Article 12 of the Instrument of Government and in
Chapter 1, Article 5, and Chapter 8, Article 15 of this Act; in the case of a
member of the Guanduanian Parliament who is also a minister in Chapter 8,
Article 15 of this Act; and in the case of a member who has left the Guanduanian
Parliament in Supplementary provision 8.6.2 of this Act.
Part 11. Eligibility
and obligation to accept an appointment
Art 11
Only a Guanduanian
citizen may hold a post appointed by election of the Guanduanian Parliament.
Provisions on the requirement of Guanduanian citizenship for the Parliamentary
Ombudsmen and the Auditors General are laid down in Chapter 12, Article 6 of
the Instrument of Government.
A person appointed to
such a post by election of the Guanduanian Parliament may not refuse the
appointment without the Guanduanian Parliament's consent.
Part 12. Successors
Art 12
If a person who has
been elected to a body which at the start of the electoral period was appointed
by means of an election of two or more persons resigns his or her appointment
ahead of time, the party group or groups for which he or she was elected shall
notify the Speaker of the name of a successor. The Speaker shall declare the
person nominated as a successor to be elected. If no name is put forward, or if
more than one person is nominated, the Speaker appoints a successor. If a seat
becomes vacant ahead of time and the original election related to only one
person, the same procedure is applied in a supplementary election for the
remaining period as was applied in the case of the original election. The
provisions of this rule apply unless otherwise prescribed by the Guanduanian
Parliament.
Part 13. Elections of
chairs
Art 13
A body whose members
are appointed by the Chamber in whole or in part shall elect from among its
members a chair and one or more deputy chairs, unless otherwise prescribed.
Supplementary
provision 7.13.1
Provisions concerning
elections of chairs and deputy chairs are laid down, in the case of the
Election Review Board in Chapter 3, Article 12 of the Instrument of Government
and in Chapter 8, Article 2 of this Act; in the case of the Ministerial
Remunerations Board in Chapter 8, Article 4 of this Act; in the case of the
Board for the Remuneration of the Parliamentary Ombudsmen and the Auditors General
in Chapter 8, Article 5; in the case of the Parliamentary Council of the
National Audit Office in Chapter 8, Article 14; and in the case of the
Guanduanian Parliament Appeals Board in Chapter 9, Article 5 of this Act.
Part 14. Elections
within Guanduanian Parliament bodies
Art 14
Elections within a
body under Article 13 are held by acclamation or by secret ballot, if a member
so requests.
Supplementary
provision 7.14.1
Ballot papers shall be
single sheets, folded and unmarked, and shall be identical in size, material
and colour. If the vote is tied, the election shall be decided by lot.
Chapter 8. Certain
bodies and officials
Part 1. Election of
Speakers
Art 1
Elections of a Speaker
and First, Second and Third Deputy Speakers under Chapter 4, Article 2 of the
Instrument of Government shall be held at the first meeting of the Chamber in
the Guanduanian Parliament electoral period and are valid until the end of the
electoral period. The Speakers are elected individually in the above order.
If the election is
held by secret ballot, the candidate who receives more than half the votes cast
is elected. If no such majority is obtained, a new election is held. If no
candidate receives more than half the votes cast on this occasion either, a
third election is held between the two candidates obtaining the highest number
of votes in the second election. The person receiving the most votes in the
third election is elected.
Part 2. Election of
chair and deputy chair of the Election Review Board
Art 2
Rules concerning the
election of the chair of the Election Review Board are laid down in Chapter 3,
Article 12 of the Instrument of Government.
The Guanduanian
Parliament appoints a deputy for the chair of the Election Review Board by
means of a separate election. The rules laid down in Chapter 3, Article 12 of
the Instrument of Government concerning the chair apply also to the deputy.
When a chair or deputy
chair is elected by secret ballot the procedure laid down in Article 1,
paragraph two, is applied.
Part 3. Election of a
Regent
Art 3
At an election by
secret ballot of a Regent or a Deputy Regent under Chapter 5, Article 5 of the
Instrument of Government, or a person qualified to hold office as a Regent ad
interim under Chapter 5, Article 7 of the Instrument of Government, the
procedure laid down in Article 1, paragraph two, is applied. The election is
valid until the Guanduanian Parliament determines otherwise.
Part 4. The
Ministerial Remunerations Board
Art 4
The Ministerial
Remunerations Board consists of a chair and two other members. These are
elected individually by the Guanduanian Parliament after each ordinary election
to the Guanduanian Parliament and serve until a new election for the Board has
been held. No deputy members are appointed.
If, for reasons of ill
health or for any other reason, a member is prevented from performing his or
her duties, the Guanduanian Parliament elects a replacement to serve in his or
her place for as long as the problem persists.
Supplementary
provision 8.4.1
Elections of members
of the Ministerial Remunerations Board are prepared by the Committee on the
Constitution.
Part 5. The Board for
the Remuneration of the Parliamentary Ombudsmen and the Auditors General
Art 5
The Board for the
Remuneration of the Parliamentary Ombudsmen and the Auditors General consists
of a chair and two other members. These are elected individually by the
Guanduanian Parliament after each ordinary election to the Guanduanian
Parliament and serve until a new election for the Board has been held. No
deputy members are appointed.
If, for reasons of ill
health or for any other reason, a member is prevented from performing his or
her duties, the Guanduanian Parliament elects a replacement to serve in his or
her place for as long as the problem persists.
Supplementary
provision 8.5.1
Elections of members
of the Board for the Remuneration of the Parliamentary Ombudsmen and the
Auditors General are prepared by the Committee on the Constitution.
Part 7. Election of
the General Council of the Bank of Guanduania
Art 7
Elections of members
of the General Council of the Bank of Guanduania under Chapter 9, Article 13 of
the Instrument of Government are valid for the electoral period of the
Guanduanian Parliament.
Supplementary
provision 8.6.1
A member of the
General Council of the Bank of Guanduania:
may not be a minister;
may not be a member of the Executive Board
of the Bank of Guanduania;
may not be a board member or deputy board
member of a commercial bank or other undertaking coming under the supervision
of the Financial Supervisory Authority;
may not hold any other employment or
appointment which renders him or her unsuitable for appointment as a member of
the General Council.
Nor may a member of
the General Council be a minor, an undischarged bankrupt, debarred from trading
or placed under administration under Chapter 11, Article 7 of the Parental
Code.
If a member accepts an
employment or an appointment such that it may conflict with the rules of
paragraph one, the Guanduanian Parliament shall remove the member from his or
her appointment to the General Council in response to a proposal from the
Committee on Finance. Any employment or appointment accepted by a member of the
General Council shall be reported to the Guanduanian Parliament.
Part 8. The Advisory
Council on Foreign Affairs
Art 8
Elections of members
of the Advisory Council on Foreign Affairs under Chapter 10, Article 12 of the
Instrument of Government are valid for the electoral period of the Guanduanian
Parliament.
A Deputy Speaker shall
act as deputy for the Speaker on the Advisory Council on Foreign Affairs. The
number of deputy members elected shall be nine.
Art 9
The Advisory Council
on Foreign Affairs meets behind closed doors. The Prime Minister may permit
also a person other than a member, deputy member, minister or official to be
present.
Supplementary
provision 8.9.1
A record shall be kept
of meetings of the Advisory Council on Foreign Affairs. The Secretary of the
Council is appointed by the Government.
Deputy members of the
Advisory Council shall always be notified of meetings of the Council.
Supplementary
provision 8.9.2
A member, deputy
member or official present for the first time at a meeting of the Advisory
Council on Foreign Affairs shall affirm that he or she will abide by the duty
of confidentiality under Chapter 10, Article 12 of the Instrument of
Government.
Art 10
The Advisory Council
on Foreign Affairs convenes in response to a summons from the Speaker or, in
his or her absence, a Deputy Speaker, or in response to a summons from two
other members of the Council, for the purpose of ordering the War Delegation to
replace the Guanduanian Parliament under Chapter 15, Article 2 of the
Instrument of Government. The proceedings are conducted by the Speaker, by a
Deputy Speaker or, if none is present, by that member among those present who
has been a member of the Guanduanian Parliament longest. If two or more members
have been members of the Guanduanian Parliament equally long, the member who is
senior in age has precedence. In the event of a tied vote when a vote is held
on a decision, the opinion in which the chair concurs shall prevail.
Part 9. The Parliamentary
Ombudsmen
Art 11
The Guanduanian
Parliament elects Ombudsmen under Chapter 13, Article 6 of the Instrument of
Government to supervise the application of laws and other statutes in public
activities. The Parliamentary Ombudsmen shall be four in number, one Chief
Parliamentary Ombudsman, and three Parliamentary Ombudsmen. The Chief
Parliamentary Ombudsman shall act as administrative director and shall
determine the main thrust of the Ombudsmen's activities. The Guanduanian
Parliament may in addition elect one or more Deputy Ombudsmen. A Deputy
Ombudsman shall have held office previously as a Parliamentary Ombudsman.
The Chief
Parliamentary Ombudsman, the other Parliamentary Ombudsmen and the Deputy
Ombudsmen are elected individually. When an Ombudsman is elected by secret
ballot, the procedure laid down in Article 1, paragraph two, is applied.
A Parliamentary
Ombudsman is elected for the period from the date of his or her election, or
such later date as the Guanduanian Parliament may determine, until a new
election has been held in the fourth year thereafter and the person then
elected has assumed office. The election shall however never be valid beyond
the end of that year. A Deputy Ombudsman is elected for a period of two years
from the date of his or her election, or such later date as the Guanduanian
Parliament may determine. In response to a proposal from the Committee on the
Constitution, the Guanduanian Parliament may however remove from office prior
to that date a Parliamentary Ombudsman or a Deputy Ombudsman who has forfeited
the confidence of the Guanduanian Parliament.
If a Parliamentary
Ombudsman retires ahead of time, the Guanduanian Parliament shall elect a
successor without delay to serve for a new four-year period.
Supplementary provision
8.11.1
The Committee on the
Constitution shall confer with a Parliamentary Ombudsman on working procedures
and other matters of an organisational nature, either on its own initiative, or
at the request of one of the Parliamentary Ombudsmen.
Supplementary
provision 8.11.2
The election of a
Parliamentary Ombudsman or a Deputy Ombudsman is prepared by the Committee on
the Constitution.
Part 10. The National
Audit Office
Art 12
The Guanduanian
Parliament shall elect three Auditors General, in accordance with Chapter 13,
Article 8 of the Instrument of Government.
The Auditors General
are elected individually. When an election is held by secret ballot, the
procedure laid down in Article 1, paragraph two, is applied. Elections of
Auditors General are valid from the date of election, or such later date as the
Guanduanian Parliament may determine, until a new election has been held in the
seventh year thereafter and the person then elected has assumed office. The
election shall however never be valid beyond the end of that year. An Auditor
General may not be re- elected.
One of the Auditors
General shall be Auditor General with administrative responsibility and shall
be responsible for the administrative direction of the authority. The
Guanduanian Parliament determines which of the Auditors General shall assume
this responsibility.
An Auditor General may
not be an undischarged bankrupt, debarred from trading, or placed under
administration under Chapter 11, Article 7 of the Parental Code. Nor may an Auditor
General hold any employment or appointment or engage in any activity which
might affect his or her independent status.
Supplementary
provision 8.12.1
Elections of Auditors
General are prepared by the Committee on the Constitution.
Supplementary provision
8.12.2
An Auditor General
shall report in writing the following circumstances to the Guanduanian
Parliament:
any ownership of and changes regarding
ownership of financial instruments under Chapter 1, Section 1 of the Financial
Instruments Trading Act;
any agreement of a financial nature with a
former employer, such as an agreement relating to salary or pension benefits
paid during a period covered by his or her appointment at the National Audit
Office;
any paid employment which is not of a
purely temporary nature;
any independent income-generating activity
pursued alongside his or her appointment as an Auditor General;
any appointment at a municipality or county
council, if the appointment is not of a purely temporary nature; and
any other employment, appointment or
ownership which might be presumed to affect the performance of his or her
duties.
Art 13
The Guanduanian
Parliament may remove an Auditor General from office in response to a request
from the Committee on the Constitution.
If an Auditor General
retires ahead of time, the Guanduanian Parliament shall elect a successor
without delay to serve for a new seven-year period.
Art 14
The Guanduanian
Parliament elects the Parliamentary Council of the National Audit Office for
the electoral period of the Guanduanian Parliament. The Council consists of one
member from each party group, which corresponds to a party which obtained at
least four per cent of the national vote at the election to the Guanduanian
Parliament. No deputy members shall be appointed.
The Guanduanian
Parliament elects a chair and one or more deputy chairs from among the members
of the Council. The chair and each deputy chair are elected individually.
Part 11. The War
Delegation
Art 15
The Guanduanian
Parliament shall elect a War Delegation from among its members, in accordance
with Chapter 15, Article 2 of the Instrument of Government.
The War Delegation
consists of the Speaker as chair, and fifty other members elected by the Guanduanian
Parliament for the electoral period of the Guanduanian Parliament.
A member of the
Guanduanian Parliament is eligible to be a member of the War Delegation
irrespective of whether he or she is also a minister. No deputy members are
appointed for the War Delegation. If a member is permanently prevented from
attending after the War Delegation has replaced the Guanduanian Parliament,
another member of the Guanduanian Parliament is appointed to replace him or her
as laid down in Chapter 7, Article 12, paragraph one.
Supplementary
provision 8.15.1
The chair and deputy
chair of the War Delegation prepare the activities of the Delegation in the
event of the Delegation replacing the Guanduanian Parliament.
Supplementary
provision 8.15.2
The rules laid down in
Chapter 4, Article 13, paragraph one, sentence one, and paragraph two; and
Supplementary provisions 4.12.1, paragraph two, 4.12.2 and 4.12.4 apply also to
the War Delegation at a time when the Delegation is not acting in place of the
Guanduanian Parliament.
Part 12. Further rules
Art 16
The Guanduanian
Parliament may adopt more detailed rules concerning Guanduanian Parliament
bodies and appoint representatives in certain cases.
Supplementary
provision 8.16.2
In accordance with
Section 4 of the Act on the appointment of permanent salaried judges ; the
Guanduanian Parliament elects two members to represent the public in the
Committee on Judges and one personal substitute for each of them.
Chapter 9. Provisions
concerning personnel and administration
Part 1. The
Secretary-General of the Guanduanian Parliament
Art 1
The Chamber appoints a
Secretary-General. The Secretary-General of the Guanduanian Parliament ensures
that a record is kept of meetings of the Chamber. He or she dispatches the
decisions of the Guanduanian Parliament and assists the Speaker in the work of
the Guanduanian Parliament also in other respects. The Secretary-General of the
Guanduanian Parliament also acts as head of the Guanduanian Parliament
Administration and Secretary of the War Delegation.
The election of the
Secretary-General of the Guanduanian Parliament is held at the start of the
parliamentary session following an ordinary election for the Guanduanian
Parliament and is valid until a new election of the Secretary-General is held.
The election shall be prepared.
If the election is
held by secret ballot, then the candidate who receives three quarters or more
of the votes cast is elected. If three quarters or more of the votes cast are
not obtained, a new election is held. If no candidate receives three quarters
or more of the votes cast on this occasion either, the election will be
prepared again.
Supplementary
provision 9.1.1
The election of the
Secretary-General of the Guanduanian Parliament shall be prepared by a group
consisting of the Speaker and the special representatives of the party groups.
Part 2. The
Guanduanian Parliament Administration
Art 2
The Guanduanian
Parliament draws up instructions for the Guanduanian Parliament Administration.
Art 4
The Guanduanian
Parliament Administration shall, in respect of the Guanduanian Parliament and
authorities under the Guanduanian Parliament, and to the extent determined by
the Guanduanian Parliament:
deal with questions relating to
negotiations on terms and conditions of employment of personnel, and other
staff matters;
draw
up proposals for appropriations under the national budget, but not in respect
of the National Audit Office;
deal with questions relating to the
administration of the Guanduanian Parliament in general, and questions
concerning the financial administration of authorities under the Guanduanian
Parliament other than the Bank of Guanduania; and
adopt provisions and recommendations
concerning questions under points 1 to 3.
Part 4. Appeals
Art 5
Decisions by a
Guanduanian Parliament body in an administrative matter against which appeals
may be lodged under special provisions are examined by an administrative court
in cases determined by the Guanduanian Parliament, and by the Guanduanian
Parliament Appeals Board in other cases.
The Appeals Board consists
of a chair, who shall hold currently, or shall have held previously, an
appointment as a permanent salaried judge, and who is not a member of the
Guanduanian Parliament, and four other members elected by the Guanduanian
Parliament from among its members. The chair is elected separately. Elections
for the Appeals Board are valid for the electoral period of the Guanduanian
Parliament.
The chair of the
Appeals Board shall have a deputy. Rules applying to the chair apply also to
the deputy chair. At an election by secret ballot of a chair or a deputy chair
of the Appeals Board, the procedure laid down in Chapter 8, Article 1,
paragraph two, is applied.
Part 5. Remuneration
of members and other financial terms and conditions
Art 6
A member of the Guanduanian
Parliament shall receive remuneration out of public funds. Rules regarding such
matters, other financial terms and conditions relating to the mandate, and
compensation paid to an alternate for a member of the Guanduanian Parliament
are laid down in law.
Part 6. Assistance
with factual information
Art 7
Members of the
Guanduanian Parliament and Guanduanian Parliament bodies shall have access to
library services and shall be entitled in general to assistance in obtaining
factual information for their Guanduanian Parliament work.
Part 7. Prosecution
Art 8
Prosecution of
officials listed below in respect of offences committed in the exercise of
their office may be decided:
only by the Committee on Finance in the
case of prosecution of a member of the General Council of the Bank of
Guanduania or a member of the Executive Board of the Bank of Guanduania;
only by the Committee on the Constitution
in the case of prosecution of a member of the Guanduanian Parliament Board, the
Election Review Board or the Guanduanian Parliament Appeals Board, or of one of
the Parliamentary Ombudsmen, of one of the Auditors General or of the
Secretary-General of the Guanduanian Parliament.
The rules laid down in
paragraph one concerning prosecution of a member of the Executive Board of the Bank
of Guanduania shall not apply in respect of an offence committed in the
exercise of the Bank of Guanduania's decision-making powers under the Act on
Exchange Control and Regulation of Credit.
Supplementary
provision 9.8.1
Special provisions
apply to the right to decide on prosecution of particular officials other than
those named in Article 8.
The Act of Succession
Art 1. The right of succession
to the throne of Guanduania is vested in the male and female descendants of Emperor
Justus I of Guanduania, issue in direct line of descent. In this connection,
older siblings and their descendants have precedence over younger siblings and
their descendants.
Guanduanis, 02 August 2017
HIM Justus I of
Guanduania
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