English > The Austrian Parliament > National Council > Rules of Procedure

Federal Law on the Rules of Procedure of the
National Council (Rules of Procedure Law of 1975)

    as amended in 2005

 

and Annex: Rules of Procedure for Parliamentary Investigating Committees

 

Promulgations:

(BGBl. [Federal Law Gazette] No. 410/1975 as amended in BGBl. Nos 302/1979, 353/1986, 720/1988, 569/1993, 438/1996 and BGBl.  I Nos 131/1997, 163/1998 and 29/2005)

 

Contents
(not part of the text of the Law)

 

I. Opening and Constitution of the National Council

§ 1. Letters of credence and Members' passes
§ 2. Loss of seat
§ 3. Convocation and first sitting of the newly elected National Council
§ 4. Swearing-in of Members
§ 5. Election of Presidents, secretaries and whips
§ 6. Term of office of the President and the Main Committee; provisions for cases in which the Presidents are prevented from the exercise of their functions.
§ 7. Constitution of Parliamentary Groups
§ 8. The President's Conference

 

II. General Rights and Duties of Members

§ 9. Membership and voting rights in the National Council
§ 10. Immunity of Members
§ 11. Duties of Members; provisions for cases in which Members are prevented from the exercise of their functions.
§ 12. Gender-specific designation of functions held by female office-holders

 

III. Duties of the Presidents, Secretaries and Whips

§ 13. General duties of the President
§ 14. Internal rules for the Parliament Buildings and administration of the budget; Parliamentary Administration; publications
§ 15.  Representation of the President by other officers
§ 16. Duties of Secretaries
§ 17. Duties of Whips

 

IV. General Rights and Duties of the Members of the Federal Government, the President of the Court of Audit and the Members of the Ombudsman's Office

§ 18. Participation of Members of the Federal Government and State Secretaries in proceedings of the National Council
§ 19. Right of members of the Federal Government and of State Secretaries to take the floor in the National Council
§ 20. Participation of the President of the Court of Audit and of the members of the Ombudsman's Office in the proceedings; their right to take the floor.

 

V. Items of Business

§ 21. Items of business
§ 22. Immunity from being called to account for publishing true accounts of public proceedings
§ 23. Copying and distribution of items of business; announcement of receipt of same in sittings of the National Council.
§ 24. Priority of popular initiatives
§ 25. Modification and withdrawal of submissions of the Federal Government or its members
§ 26. Private Members' motions
§ 27. Committee motions
§ 28. Proposals for coverage of costs in connection with private Members' motions.

 

V a. Summary Procedure

§ 28a. Procedure without preliminary deliberation by Committee
§ 28b. Final deliberation of reports by committees

 

VI. Establishment of Committees and Consideration of Business during their Meetings

§ 29. The Main Committee
§ 30. Election of the Main Committee
§ 31. The Standing Sub-Committees of the Main Committee
§ 31a. Motions under § 29 (2) a,d and e
§ 31b. Communications under Art. 23c (2 and 5) B-VG
§ 31c. Rules of Procedure for the EU Main Committee
§ 31d. Rules of Procedure for the EU Main Committee
§ 31e. Standing Sub-Committee on Matters of the European Union; committee of the same
§ 32. Election of the Committees for the preliminary deliberation of items of business; changes in the relative strength of parliamentary groups; provisions for substitute members
§ 32a. The Budget Committee and its Standing Sub-Committee
§ 32b. Standing Sub-Committees for the scrutiny of measures for the protection of the Institutions provided for by the Federal Constitution
and their capacity to act, and for the scrutiny of measures of the information services designed to ensure military defence.
§ 32c. Information to be provided by the Federal Government
§ 32d. Convocation and procedure of Standing Sub-Committees under § 32b.
§ 32e. The Standing Sub-Committee of the Court of Audit Committee
§ 33. Investigating committees
§ 34. Constitution of committees, duties of chairpersons, debate on current issues
§ 35. Establishment and procedure of sub-committees
§ 35a. Reporting by sub-committees; deadlines for sub-committee reports
§ 36. Duties of (sub)committee members; expiry of (sub)committee membership
§ 37. Participation in (sub)committee deliberations
§ 38. (Sub)committee minutes
§ 39. Publication of (sub)committee deliberations; summary records of deliberations.
§ 40. Investigations and summonses of experts and other witnesses; in situ inspections
§ 41. Procedural provisions for committees and sub-committees

 

VII. Reporting by Committees

§ 42. Written committee reports and minority reports as well as personal dissenting opinions
§ 43. Deadlines for committee reports; brief debate on motion to set a deadline
§ 44. Consideration of committee reports by the National Council
§ 45. Oral reports on the activity of investigating committees

 

VIII. Sessions and Sittings of the National Council

§ 46. Sessions of the National Council
§ 47. Sittings open to the public; exclusion of the public
§ 48. Quorum
§ 49. Opening of sittings and communications; modifications of the agenda
§ 50. Announcement of sittings; objections to the agenda
§ 51. Official records
§ 52. Stenographic records

 

IX. General Provisions concerning the Consideration of Business in Sittings of the National Council

§ 53. Debates, amendments, adjournment, referral of motions, entry upon the agenda
§ 54. Deadlines in case of referral to committee
§ 55. Draft resolutions relating to an item of business in hand
§ 56. Closure motion
§ 57. Speaking times
§ 57a. Brief debates
§ 57b.Rules governing conflicts in arranging for debates
§ 58. Factual corrections and rejoinders thereto
§ 59. Procedural motions and debate thereon
§ 60. Requests for the floor and sequence of speakers in debate
§ 61. The President as a speaker in debate
§ 62.Where Members speak from
§ 63. Speakers, final Statement of the Rapporteur
§ 64. Exercising the right to vote
§ 65. Sequence in which items are voted; objections thereto; separate votes
§ 66. Forms of voting; voting by name and secret ballot
§ 67. Postponement of voting
§ 68. Voting rights of the President chairing the sitting; abstentions not permitted.

X. Special Provisions regarding the Consideration of Bills
§ 69. Bills; first reading
§ 70. Second reading
§ 71. General debate
§ 72. Special debate
§ 73. Joint general and special debates
§ 74. Third reading

Xa. Urgent Motion
§ 74a. Urgent motion

Xb. Special Provisions regarding National Council Sittings devoted exclusively to the Consideration of EU Matters
§ 74b. Consideration of EU Matters

 

XI. Special Provisions regarding the Consideration of Other Items of Business
§ 75. Private Members' motions other than bills
§ 76. Government proposals other than bills
§ 77. Objections by the Federal Council
§ 78. Reports to the National Council, general provisions
§ 79. Federal Financial Accounts and reports of the Court of Audit
§ 80. Immunity matters
§ 81. Statements by members of the Federal Government; debates on such statements

XII. Decisions and Elections
§ 82. Requirements regarding decisions
§ 83. Implementation of records of decisions
§ 84. Referendums on bills adopted by the National Council
§ 85. Referendums on Constitutional Amendments
§ 86. Objections to a Federal Law
§ 87. Elections, general provisions
§ 88. Elections by ballot

XIII. Questions
§ 89. Written questions to the President and Committee Chairpersons
§ 90. Members' right to require scrutiny of the Federal Government's executive activities
§ 91. Written questions to the Federal Government or one of its members
§ 91a. Written questions to the President of the Court of Audit
§ 92. Debate of an answer to questions
§ 93. Urgent consideration of a written question
§ 94. Oral questions
§ 95. Admissibility and sequence of oral questions
§ 96. Procedure during Question Time
§ 97. Written answers to oral questions

XIIIa. Debate on Matters of Topical Interest

§ 97a. Debate on matters of topical interest

XIV. Parliamentary Hearings and Commissions of Enquiry
§ 98. Decision to hold a hearing or set up a commission of enquiry; procedural provisions regarding the commission of enquiry and its concluding report.
§ 98a. Procedural provisions regarding hearings, stenographic records and other publications in regard to hearings.

XV. Audit Instructions to the Court of Audit
§ 99. Instructions to carry out audits of special aspects of the administration of public funds

XVI. Parliamentary Petitions and Parliamentary Citizens' Initiatives
§ 100. Petitions and Citizens' Initiatives: Submission, referral, copying and distribution
§ 100a. Procedural provisions for the Committee for Petitions and Citizens' Initiatives
§ 100b. Discussion of incoming business, special procedural provisions
§ 100c. Reporting to the National Council and consideration by the plenary
§ 100d. Information to be given by the Parliamentary Administration.

XVII. Order in the House
§ 101. Call to speak to the point
§ 102. Call to order
§ 103. Request for call to speak to the point or call to order; ex post facto call to order
§ 104. Right of President to interrupt speaker
§ 105. Official language
§ 106. Requests by Members outside sittings
§ 107. Deadlines

XVIII. Concluding Provisions
§ 108. Amendments to this law
§ 109. Entry into force of this law