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Federal Law on the Rules of the Procedure of the National Council

 

Rules of Procedure Law of 1975

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, 29/2005, 31/2009, 11/2010, 12/2010, 114/2011, 66/2012, 31/2013, 131/2013, 132/2013, 6/2014, 99/2014, 62/2015, 41/2016 and 45/2020

XVII. Order in the House

§ 101. (1) If a speaker roams wide of a question before the National Council, the President may require him/her to speak to the point.

(2) After the third admonition, the President may withdraw a Member's right to speak.

§ 102. (1) If a person who is entitled to participate in the deliberations of the National Council violates the decorum or dignity of the National Council, uses abusive language, does not comply with the President's orders or infringes obligations to observe secrecy under the Information Rules Act, the President shall call him/her to order.

(2) The President shall in such a case have the right to interrupt the speaker or to withdraw his/her right to speak.

(3) If a Member has been called to order repeatedly at short intervals, the President may at the same time rule that s/he will not be recognised for the rest of the sitting.

§ 103. (1) Persons entitled to participate in the deliberations of the National Council may request the President to require a Member to speak to the question or to call him/her to order. The president shall rule on this request without recourse to the National Council.

(2) If a person entitled to participate in the proceedings of the National Council has behaved in a way that would have made him/her liable to a call to order, the President may call him/her to order ex post facto at the end of the sitting or at the beginning of the next sitting, and any person entitled to participate in the deliberations may request the President to.

§ 104. If a speaker is interrupted by the President s/he shall cease to speak immediately, failing which the President may withdraw his/her right to speak.

§ 105. The only official language of the National Council and its committees shall be German.

§ 106. Requests of one third of the members of the Immunities Committee that a decision of the National Council be sought under § 10 (3), requests to convene an extraordinary session under § 46 (2), requests to hold a referendum under §§ 84 (1) or 85, as well as motions and challenges in Constitutional Court proceedings under the provisions of the present Rules of Procedure shall be submitted in writing to the President for further action in compliance with the Constitution and shall bear the personal signatures of the Members supporting the request, motion or challenge, as the case may be.

§ 107. In cases under §§ 2 (1,2), 10 (4), 24 (2), 26 (7), 28b (1), 32e (4), 69 (4), 79 (3) and 92 (2), the running of any times set shall be suspended throughout the time during which the National Council is in recess. This provision shall also hold in respect of cases covered by § 7 (1) of the Incompatibility and Transparency Law. For an Investigating Committee established prior to March 15, 2020 which has not concluded its taking of evidence, the months of March to May 2020 shall not be counted for the purpose of calculating the periods under § 53 RP-IC.