LAST UPDATE: 29.05.2017; 08:53

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

Rules of Procedure Law of 1975

Promulgations: BGBl. [Federal Law Gazette] No. 410/1975 as amended by 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 and 41/2016

1st Annex: Rules of Procedure for Parliamentary Investigating Committees

2nd Annex: ESM Information Rules

I. Opening and Constitution of the National Council

§ 1
Letters of credence and Member's 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; provision 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 President, 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 Board, and Status of other Persons 

§ 18
Participation of Members of the Federal Government and State Secretaries in the proceedings
§ 19
Right of members of the Federal Government and of State Secretaries to take the floor
§ 19a
Right of outstanding personalities and of Members of the European Parliament to take the floor
§ 20
Participation of the President of the Court of Audit and of the members of the Ombudsman Board in the proceedings; their right to take the floor
§ 20a
Participation of the Chairpersons of the Parliamentary Federal Army Commission in committee proceedings
§ 20b
Requirement of the presence of the head of an independent body under Art. 20 para 2 B-VG to be queried by the Committee
§ 20c
Participation of the Austrian Deputy Member of the ESM Board of Governors and the Austrian Members of the ESM Board of Directors in the deliberations of the Standing Sub-Committees under § 32f

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
§ 23a
Electronic distribution, Parliamentary signature
§ 24
Priority of popular initiatives
§ 25
Modification and withdrawal of submissions of the Federal Government or its members
§ 26
Private Members' motions
§ 26a
Subsidiarity Action
§ 26b
Motion to reject
§ 27
Committee motions
§ 28
Proposals for coverage of costs in connection with private Members' motions

Va. Summary Procedure

§ 28a
Procedure without preliminary deliberation by Commitee 
§ 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 and g
§ 31b
Proposals for appointment, EU projects, EU database, classified material, EU Information Act, Information Rules Act 
§ 31c
Rules of Procedure for the Main Committee and the Standing Sub-Committee on EU Affairs 
§ 31d
Rules of Procedure for the Main Committee and the Standing Sub-Committee on EU Affairs 
§ 31e
Standing Sub-Committee on Affairs of the European Union - decision to delegate - committee of the same
§ 31f
Questions regarding documents
§ 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 Standting Sub-Committees under § 32b
§ 32e
The Standing Sub-Committee of the Court of Audit Committee
§ 32f
Standing Sub-Committees of the Budget Committee on ESM Affairs
§ 32g
Convening, agenda and limitation of speaking times in Standing Sub-Committees on ESM Affairs
§ 32h
Authorization reserves and urgency procedures in the Standing Sub-Committee on ESM Affairs
§ 32i
Rights of the Standing Sub-Committee on ESM Affairs to adopt opinions
§ 32j
Rules of Procedure of the Standing Sub-Committee on ESM Affairs
§ 32k
Rules of procedure, authorization reserves and rights to adopt opinions of the Standing Sub-Committee on Secondary Market Affairs - ESM
§ 33
Investigation committees
§ 34
Constitution of committees, duties of chairpersons, debate on current issues
§ 35
Establishment and procedure of sub-committees
§ 35a
Reproting 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
§ 37a
Provisions on open and closed committee meetings
§ 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 investigation 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 back to committee, passing on to the next item of the agenda
§ 54
Deadlines in case of referral back 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; seperate 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 the Consideration of EU Matters

§ 74b
Consideration of EU Matters

Xc. Special Provisions for the Participation of the National Council in Matters of the European Stability Mechanism

§ 74c
Participation of the National Council in ESM matters 
§ 74d
Authorization reserves and urgency procedures in ESM matters
§ 74e
Items of business in ESM matters
§ 74f
Copying, distribution and referral of items of business on ESM matters
§ 74g
Information security and communication duties on ESM matters

XI. Special Provisions regarding the Consideration of Other Items of Business

§ 75
Private Members' motions and committee 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 Finandial 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
Constitutional Challenge to a Federal Law
§ 87
Elections, general provisions
§ 88
Elections by ballots

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 a question
§ 93
Urgent consideration of a written question
§ 94
Oral questions
§ 95
Admissibility and sequences 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
Decisions 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
§ 108a
Referral to other laws
§ 109
Entry into force of this law