Rules of Procedure for Parliamentary Investigating Committees (RP-IC)

(1) On the basis of a motion submitted in writing, the National Council may decide to set up an Investigating Committee. Such motion must be supported by at least five Members (including the mover(s)).

(2) If at least 46 of its Members so demand, the National Council shall be required to set up an Investigating Committee. 46 Members who have supported such demand shall constitute the Qualified Minority under the present Rules of Procedure.

(3) If a Member who has supported a demand under (2) above quits his/her National Council seat before the Investigating Committee has ended its activity, the Member succeeding to his/her seat shall be eligible to be counted as a member of the Qualified Minority.

(4) A Member who has supported a demand under (2) above or a demand or motion under § 53 shall not, as long as the activity of that Investigating Committee has not come to an end, support another demand under (2) above.

(5) A motion or demand to set up an Investigating Committee shall indicate the subject of investigation under Art. 53 (2) Federal Constitutional Law (B-VG) and be submitted to the President in writing in the course of a National Council sitting. While the subject of investigation may be broken down into several subjects on which evidence is to be heard, it is not permitted to gather subjects that are not directly related. Motions under (1) above shall contain the words “Der Nationalrat wolle beschließen” (“… that the National Council resolve …”). They shall clearly identify the sponsor(s), carry his/her/their signature(s) and shall be submitted to the President. Motions and demands duly seconded shall without delay be distributed to the Members.

(6) A demand under (2) above may contain a motion to shorten the period under § 53 (2).

(7) A motion under (1) above may be withdrawn by its sponsor(s) at any time up to the commencement of voting in the Rules of Procedure Committee. A demand under (2) above may be withdrawn at any time up to the commencement of the consideration of the report in the National Council under § 4 (2). The President shall have the letter of withdrawal distributed to the Members.

(1) The National Council may decide that a debate be held on a motion or demand to set up an Investigating Committee. Such debate shall also be held if five Members so demand. It shall be held after the completion of the business on the agenda and shall be governed by the provisions of §§ 57a and 57b of the Rules of Procedure Act (RPA). Members belonging to the same Parliamentary Group may call for such a debate only once in every week of sittings. If such call for a debate is supported by Members of several Parliamentary Groups, the demand shall be deemed to have been made on behalf of the group to which the first sponsor belongs. If the first sponsor belongs to no Parliamentary Group, this provision shall hold with regard to the second sponsor and so forth.

(2) Motions and/or demands to set up Investigating Committees shall be referred to the Rules of Procedure Committee at the end of the sitting in which they have been received.

(1) The Rules of Procedure Committee shall commence deliberations on a motion or demand to set up an Investigating Committee within four weeks of its referral. A report shall be submitted to the National Council within a further four weeks.

(2) If the Rules of Procedure Committee considers a demand under § 1 (2) referred to it, or specific parts thereof which must be precisely identified, to be inadmissible, it shall rule said demand inadmissible in total or in part, indicating the reasons.

(3) The Rules of Procedure Committee shall determine the composition of the Investigating Committee in accordance with the principles laid down in § 30 RPA, with the proviso that each party represented on the Main Committee shall have at least one member on the Investigating Committee.

(4) The Rules of Procedure Committee must not alter the subject of investigation as described in the demand under § 1 (2) unless all Members entitled to vote in the sitting of the Rules of Procedure Committee who have supported the demand consent to the alteration.

(5) On the basis of a proposal under § 7 (2) the Rules of Procedure Committee shall elect the Procedural Judge and the Procedural Advocate as well as their deputies. It shall adopt the basic order to take evidence under § 24 as well as, if appropriate, a decision concerning the duration of the Investigating Committee under § 53 (2).

(6) If the Constitutional Court under § 56c (7) Constitutional Court Act 1953, BGBl. (Federal Law Gazette) No. 85, considers a decision under (2) above to be unlawful, the Rules of Procedure Committee shall without delay adopt the requisite decisions under (5) above.

(7) If so required under the provisions of the present Rules of Procedure, the Rules of Procedure Committee shall meet even when the National Council is not in session.

(1) The Rules of Procedure Committee’s report on a motion under § 1 (1) shall be deliberated on, and its motion voted on, by the National Council in its sitting following the submission of the report to the President. The debate and vote shall be governed by the General Provisions concerning the Consideration of Business in Sittings of the National Council. Motions to amend or add and demands for separate votes shall be out of order.

(2) In so far as the Rules of Procedure Committee does not consider a demand under § 1 (2) to be totally or partly inadmissible, the Investigating Committee shall to that extent be deemed established as from the commencement of the consideration of the report, and the decisions under § 3 (3 and 5) shall become effective. The material point in time shall be enounced by the President in the sitting, noted in the Official Records and published without delay. § 60 (3) RPA shall apply to the debate.

(3) When the Rules of Procedure Committee has submitted its report, the Qualified Minority may, in case a demand to set up an Investigating Committee is under § 3 (2) ruled inadmissible in total or in part, appeal to the Constitutional Court under Art. 138b (1) [1] B-VG.

(4) The Parliamentary Groups shall communicate to the President the names of the members and substitute members to which they are entitled. § 32 RPA shall apply mutatis mutandis.

(5) The Investigating Committee shall be constituted without delay.

(1) Investigating Committees shall be chaired by the President of the National Council.

(2) The President may ask the Second or Third President to act in his/her stead in chairing committee sittings under § 6 (3). § 15 RPA notwithstanding, the President may also entrust them with duties as specified in § 6 (1 and 2).

(3) When an Investigating Committee is established, each of the Presidents shall designate a Member to act as his/her deputy. The deputies must not be members of the Investigating Committee. If neither the President nor the Second or Third President are able to chair a sitting, it shall be chaired by one of the deputies.

(4) The Chairperson is not entitled to vote in the Investigating Committee. S/he does not count as a member elected under § 3 (3).

(5) In procedural matters, the Chairperson shall consult with the Procedural Judge and give due consideration to the latter’s legal opinion when taking his/her decisions. S/he shall, as far as possible, reach consensus with the Parliamentary Groups in all procedural matters.

(1) The Chairperson shall represent the Investigating Committee vis-à-vis third parties and shall regularly inform the general public about the Investigating Committee’s activities. S/he shall allow the Parliamentary Groups and the Procedural Judge to participate therein.

(2) The Chairperson shall determine the agenda and shall convene the Investigating Committee to its sittings. S/he shall execute summonses under § 32 as well as orders to take evidence and requests for evidence under § 26 and shall determine the order in which informants are to be heard under §§ 30 (2) and 37 (2). With the assistance of the Procedural Judge, s/he shall conduct the consultation procedure under § 58. The Chairperson shall report under §§ 51 and 52. S/he may entrust the Parliamentary Administration with the execution and implementation of decisions of the Investigating Committee.

(3) When chairing the Committee’s sittings, the Chairperson shall open and close the sittings, implement the Rules of Procedure and ensure the respect of fundamental and personality rights. S/he shall preside over the proceedings and shall maintain peace and order during the sittings. S/he may at any time suspend the sitting, and s/he is under obligation to do so in the cases of § 11 (4) and § 42 (2). The Chairperson shall preside over the hearings of informants and experts under § 37.

(1) For the time of each legislative period, the President of the National Council shall, after consultation with the President’s Conference, keep a permanent list of persons who fulfil the personal requirements for the functions of Procedural Judge or Procedural Advocate. The President shall seek the consent of these persons and, if appropriate, inform their superior administrative authority. The list shall be published.

(2) After consultation with the President’s Conference, the President shall present to the Rules of Procedure Committee the names of the persons nominated for election as Procedural Judge and Procedural Advocate as well as their deputies.

(3) Upon the Chairperson’s proposal, the Investigating Committee may recall the Procedural Judge or his/her deputy. Such recall shall be communicated to the Rules of Procedure Committee, which shall without delay elect a successor. § 3 (5) shall be applied mutatis mutandis. The result of the election shall be published under § 39 RPA. The same shall apply if the office of the Procedural Judge, the Procedural Advocate or a deputy falls vacant.

(1) Persons eligible to be elected as Procedural Judge or as his/her deputy must have been appointed judge under Art. 86 (1) B-VG. They must be permanently retired or have been released from service under § 75d of the Judges and Prosecutors Service Act, BGBl. No. 305/1961 as amended by BGBl. I No. 8/2014.

(2) The Procedural Judge and his/her deputy must have such professional skills and experience that they can be expected to watch over compliance with the Rules of Procedure independently of the political groups represented in the Investigating Committee and to exercise their office in the interest of the protection of fundamental and personality rights of persons directly or indirectly concerned by the proceedings.

(3) If the Procedural Judge is unable to attend, his/her deputy shall substitute for him/her.

(4) The Procedural Judge and his/her deputy shall receive a remuneration under § 60 (1) for their services. They shall be provided under § 60 (2) with the means necessary to perform their duties.

(5) The Procedural Judge and his/her deputy shall have the right to attend all sittings of the Investigating Committee and to inspect all files and documents in possession of the Investigating Committee.

(1) The Procedural Judge shall attend the sittings of the Investigating Committee in an advisory capacity. Whenever the performance of his/her duties so requires, s/he shall immediately address himself/herself to the Chairperson, who shall suspend the hearing if necessary.

(2) The Procedural Judge and his/her deputy shall assist the Chairperson in preparing the schedule of work under § 16 (1). The Procedural Judge shall assist the Chairperson in determining the order in which informants are to be heard under §§ 30 (2) and 37 (2).

(3) The Procedural Judge shall inform the informants and experts of their rights and duties. S/he shall under § 39 conduct the initial questioning of an informant on behalf of the Chairperson and may under § 40 (3) ask supplementary questions. S/he shall warn the Chairperson of any inadmissible questions under § 41 and any infringements of the Information Rules Act. S/he shall advise him/her in all procedural matters and may move under § 17(3) that the public be excluded. S/he may object to publications of the Investigating Committee under § 20.

(4) The Procedural Judge shall assist the Chairperson in conducting the consultation procedure and shall watch over compliance with agreements under § 58.

(5) The Procedural Judge shall prepare the draft report of the Investigating Committee under § 51.

(1) Persons eligible to be appointed as Procedural Advocate or his/her deputy shall be any person who can be expected, on the basis of his/her professional skills and experience, particularly in the fields of fundamental and personality rights or in the administration of justice, to watch over compliance with the Rules of Procedure independently of the political groups represented in the Investigating Committee and to exercise his/her office in the interest of the protection of fundamental and personality rights. Such persons must for at least ten years have practiced a profession for the exercise of which the completion of studies in law, or in law and political science, is a requirement.

(2) If the Procedural Advocate is unable to attend, his/her deputy shall substitute for him/her.

(3) The Procedural Advocate and his/her deputy shall receive a remuneration under § 60 (1) for their services. They shall be provided under § 60 (2) with the means necessary to perform their duties.

(4) The Procedural Advocate and his/her deputy shall have the right to attend all sittings of the Investigating Committee and to inspect all files and documents in possession of the Investigating Committee.

(1) The Procedural Advocate shall attend the sittings of the Investigating Committee in an advisory capacity. Whenever the performance of his/her duties so requires, s/he shall immediately address himself/herself to the Chairperson, who shall suspend the hearing if necessary.

(2) The Procedural Advocate shall at any time immediately warn the Chairperson or the Procedural Judge of any violations of the Rules of Procedure or impairment of an informant's fundamental or personality rights.

(3) The Procedural Advocate shall immediately call attention to any grounds for excluding the public under § 17 (2) and for refusal to testify under §§ 43 and 44. S/he may object to publications of the Investigating Committee under § 20.

(4) Prior to and during the hearing of an informant in the Investigating Committee, the Procedural Advocate shall afford him/her the opportunity of a confidential consultation. For this purpose, s/he may also demand a suspension of the sitting.

(5) The Procedural Advocate is under obligation to observe secrecy on the matters entrusted to him/her and on any other facts of which s/he has obtained knowledge in this capacity and the secrecy of which is in an informant's interest. S/he may plead being bound to that secrecy in court and administrative proceedings, subject to the respective rules of procedure.

If the Chairperson fails to comply with the Procedural Judge’s or the Procedural Advocate’s remonstrance, every member of the Investigating Committee shall have the right to demand a consultation to be held in a sitting that is at least confidential under § 18 in order to clarify the matter. As soon as the hearing or deliberations are resumed, the Chairperson shall announce the decision s/he has taken after the consultation and shall state the reasons therefor.

(1) Upon a motion tabled by one of its members, the Investigating Committee may appoint an independent Special Investigator, whom it shall entrust with certain tasks to prepare the taking of evidence.

(2) Upon a motion tabled by one of its members, the Investigating Committee may

1. set a deadline for submission of the Special Investigator’s report,

2. recall the Special Investigator.

(3) Decisions under (1) and (2) above shall require a majority of two thirds of the votes cast.

(4) The Special Investigator shall receive a remuneration under § 60 (1) for his/her services. S/he shall be provided under § 60 (2) with the means necessary to perform his/her duties.

(1) The Special Investigator shall have the right to inspect the files and documents in possession of the committee that are necessary to fulfil his/her mandate. S/he may at any time present to the Investigating Committee a proposal for supplementary requests for evidence under § 25. S/he is authorised, within the scope of his/her mandate, to request written or oral information or perform visual inspections in terms of § 50.

(2) After completion of his/her investigations the Special Investigator shall present a comprehensive report to the Investigating Committee in writing or orally in a confidential sitting. The presentation of interim reports shall be admissible. The report may contain a proposal on how to proceed further. The Chairperson shall decide on the classification of the report. If any objections are raised against his/her decision, the Committee shall rule on them.

(3) The Special Investigator is under obligation to observe secrecy on the matters entrusted to him/her and on any other facts of which s/he has obtained knowledge in this capacity.

Regarding the attendance of other persons involved in the proceedings of the Investigating Committee, §§ 37 and 37a RPA shall apply with the proviso that the decision to admit such persons may be taken for the entire duration of the activity of the Investigating Committee.

(1) Upon proposal by the Chairperson and after consultation with the Procedural Judge the Investigating Committee shall determine a schedule of work, taking into account the basic order to take evidence under § 24. If possible, at least four sittings of the Investigating Committee should take place per month.

(2) The Investigating Committee may convene even when the National Council is not in session.

(1) When the Committee is hearing informants and experts, the President shall, subject to the availability of sufficient room, admit representatives of the media. Audio and video recordings shall be permitted exclusively for purposes of preparing the records under § 19 and of transmitting the proceedings within the Parliament buildings.

(2) The public shall be excluded if

1. overwhelming public interests or interests on the part of an informant or of third persons warranting protection so require,

2. the protection of industrial or business secrets so requires or

3. exclusion of the public appears to be necessary in the interest of truthful testimony.

(3) The Chairperson shall decide on the exclusion of the public of his/her own accord or upon a motion by the Procedural Judge, a committee member, an informant or the Procedural Advocate.

(4) Informants may be heard in a confidential or secret sitting. When the testimony of civil servants is heard, notifications received under § 35 shall be taken into account.

Unless the Investigating Committee decides otherwise, its deliberations shall be confidential.

(1) Official Records shall be kept of the sittings of the Investigating Committee. § 38 RPA shall be applied with the proviso that

1. any documents brought to the notice of members in the course of the sitting shall be handled in accordance with the provisions applicable to evidence, rather than be annexed to the Records,

2. any objections raised against the Official Records shall be ruled on by the Chairperson after consultation with the Procedural Judge.

(2) The hearing of evidence shall be recorded verbatim. Of other proceedings, summary records shall be taken unless the Committee decides otherwise.

(3) The transcript of the recording of the hearing shall demonstrably be communicated to the informant or expert informant. Said informant may, within three days of the transcript being communicated, raise objections against mistakes in the record and against the extent to which his/her hearing is to be published, and may propose a limited number of minor corrections. The Committee shall rule on any objections raised and corrections proposed. Corrections that have been approved shall be annexed to the records. Unless objections are received within one week of the transcript being forwarded, the records may be published under § 20 (1) [1]. Should any objections be raised subsequently, the Investigating Committee shall rule on them.

(1) Under the provisions of § 39 RPA as applied mutatis mutandis, the Investigating Committee may decide to publish

1. verbatim records of public hearings of informants and experts, after objections and corrections received in due course have been ruled on under § 19 (3),

2. supplementary requests for evidence and lists of informants summoned, with due consideration to be given to agreements under § 58,

3. experts’ opinions under § 47,

4. reports of Special Investigators under § 14 (2),

5. written testimony provided by informants and documents without prejudice to the provisions of § 39 (3).

The committee may determine the time of publication.

(2) Any further communications made by the Investigating Committee shall be based on § 39 RPA.

(3) The Procedural Judge and the Procedural Advocate may object to a decision under (1) above, on which objection the Investigating Committee shall rule without delay. Pending the Committee’s ruling on the objection, the respective material shall remain unpublished.

(4) In matters of publication, the Committee shall respect agreements under § 58 and ensure the safeguarding of interests of secrecy requiring protection under § 21 and, if personal data are used, interests of secrecy warranting protection that prevail over the public’s interest to be informed.

(1) The handling of classified information and non-public information in the Investigating Committee shall be subject to the provisions of the Information Rules Act with the proviso that

1. classified files and documents may be presented to an informant under § 42 unless an agreement under § 58 provides otherwise,

2. Committee members and persons designated by the Parliamentary Groups under § 13 Information Rules Act may, when inspecting classified files and documents of levels 2 and 3, take notes of their content, which notes shall be handled in accordance with the provisions applying to the classification levels of the respective files and documents,

3. Committee members and persons designated by the Parliamentary Groups under § 13 Information Rules Act shall have access to all classified information created in the Investigating Committee,

4. an administrative fine under § 54 may be imposed in case of persistent violation of the provisions of the Information Rules Act.

(2) If the hearing of informants does not take place in a confidential or secret sitting, a Committee member questioning an informant may in any case use files and documents classified at level 1 if s/he has made a motion to that effect prior to the hearing which has been granted by the Chairperson after consultation with the Procedural Judge. The Chairperson shall announce the conditions for use of these files and documents and ensure the safeguarding of interests of secrecy requiring protection.

(3) If a member questioning an informant would like to use files and documents classified at level 2 or higher, s/he shall so inform the Chairperson in good time. The Chairperson shall provide for these parts of the hearing to be held in a confidential or secret sitting under § 37a RPA.

(4) Any person who is granted access to classified information in the Investigating Committee shall also be informed about the provisions under (1) above.

(5) Files and documents submitted to the Investigating Committee shall not be published. Before they are distributed to the members of the Investigating Committee, the President may ensure their safe handling by having the individual copies appropriately marked.

(6) The Procedural Judge shall at any time warn the Chairperson of any infringements of the Information Rules Act.

(1) The Investigating Committee shall take evidence within the terms of reference of the investigation. Evidence shall be taken on the basis of the basic order to take evidence, supplementary requests for evidence, summonses of informants and experts as well as by visual inspection.

(2) The point in time when the taking of evidence comes to an end, which shall be in keeping with the time limits set under §§ 51 and 53, shall be enounced by the Chairperson and shall be noted both in the Official Records of the Committee sitting and in the Investigating Committee’s written report to the National Council.

The instruments to be used in obtaining evidence may include whatever may help to further the investigation within the terms of reference of the investigation, to the exclusion, however, of such evidence as has been obtained by punishable acts or by circumvention of any other legal provisions.

(1) The basic order to take evidence shall oblige organs of the Federation, the Laender, municipalities and associations of municipalities as well as of other self-governing bodies to submit all files and documents falling within the terms of reference of the investigation. At the same time they may be requested to take evidence pertaining to the matter under investigation. This does not apply to the submission of files and documents or to the taking of evidence the disclosure of which would compromise sources in terms of Art. 52a (2) B-VG.

(2) An obligation under (1) above shall not obtain to the extent that the lawful formation of intent on the part of the Federal Government and its members or its immediate preparation is impaired.

(3) The basic order to take evidence shall be organised into subjects on which evidence is to be heard and shall include a statement of reasons. The organs concerned by the subject under investigation shall be precisely identified. It shall be admissible to set a reasonable time limit. The Rules of Procedure Committee may by majority vote adopt requirements concerning the mode of submission. If such decision pertains to the activities of the prosecuting authorities, it shall be subject to the provisions of § 58.

(4) If the Investigating Committee was set up on the basis of a demand under § 1 (2), the Qualified Minority supporting said demand may, as soon as the Investigating Committee has been established, petition the Constitutional Court under Art. 138b (1) [2] B-VG to rule on whether the basic order to take evidence is sufficient in scope. The same shall apply to a supplement to the basic order to take evidence under (5) below.

(5) If the Constitutional Court rules under § 56d of the Constitutional Court Act that the scope of the basic order to take evidence is insufficient, the Rules of Procedure Committee shall within two weeks adopt a supplement. The respective decision of the committee shall be published under § 39 RPA.

(6) Should the Constitutional Court be petitioned to rule the supplement under (5) above to the basic order to take evidence to be insufficient in scope, the latter shall become effective with a scope extended to such degree as ruled by the Constitutional Court under § 56d (7) Constitutional Court Act. The basic order to take evidence as well as the supplement thereto shall be published under § 39 RPA.

(1) Upon a motion submitted in writing by one of its members, the Investigating Committee may adopt supplementary requests for evidence.

(2) One quarter of the Committee’s members may demand supplementary requests for evidence. The demand shall become effective unless the majority of members invokes in that sitting by a formal decision its lack of relevance to the subject under investigation.

(3) A supplementary request for evidence shall under § 24 (1 and 2) require an organ to submit specific files and documents falling within the terms of reference of the investigation or request same organ to take evidence pertaining to the matter under investigation. The request for evidence shall include a statement of reasons. It shall be permitted to set a reasonable time limit. The Investigating Committee may by majority vote adopt requirements concerning the mode of submission. If such decision pertains to the activities of the prosecuting authorities, it shall be subject to the provisions of § 58.

(4) If the majority of the Investigating Committee’s members invokes with respect to a demand under (2) above a lack of relevance to the subject under investigation, the quarter of committee members supporting said demand may under Art. 138b (1) [3] B-VG petition the Constitutional Court to rule on the lawfulness of the decision under (2) above. If the Constitutional Court rules the decision unlawful, the demand under (2) above shall become effective.

(1) The Chairperson shall communicate orders to take evidence and supplementary requests for evidence to the respective organs without undue delay.

(2) The Chairperson shall without delay inform the requested organs of any appeal to, and ruling by, the Constitutional Court under § 24 (4 to 6) and § 25 (4).

(1) Organs of the Federation, the Laender, the municipalities and of associations of municipalities as well as of other self-governing bodies shall without delay comply with orders to take evidence under § 24 and supplementary requests for evidence under § 25. In case of an appeal to the Constitutional Court under § 24 (4), no files and documents shall be transmitted before the Constitutional Court’s ruling has been notified under § 26 (2).

(2) Files and documents pertaining to the activities of the prosecuting authorities shall be submitted by the Federal Minister of Justice.

(3) If an order to take evidence or a supplementary request for evidence is not complied with, or complied with only in part, the Investigating Committee shall be informed in writing of the reasons for the limited submission.

(4) If, in the opinion of the Investigating Committee or of a quarter of its members, an organ required to provide information fails to comply, or to adequately comply, with an obligation under (1) or (3) above, the Committee or a quarter of its members may require said organ to comply with these obligations within a period of two weeks. The reasons for such demand shall be stated in writing.

(5) The Constitutional Court shall under Art. 138b (1) [4] B-VG rule on the lawfulness of the partial or total refusal to submit files or documents or to take evidence if so petitioned by the requested organ or by a quarter of the members of the Investigating Committee after expiry of the period under (4) above or if the Committee upon a motion submitted in writing decides to file such petition after expiry of the period under (4) above.

(6) If classified files or documents are submitted, the Investigating Committee shall be informed in writing of the time and the reasons of their classification.

Upon a motion submitted in writing by one of its members, the Investigating Committee may decide to summon informants. The motion shall identify the informants and indicate the subjects on which they are to be heard. It may contain a proposal for the time of the hearing and shall include a statement of reasons in which due consideration shall be given to the subject of investigation.

(1) A quarter of the members of the Investigating Committee may in the course of a sitting demand in writing the summoning of informants. The demand shall identify the informants and indicate the subjects on which they are to be heard. It may contain a proposal for the time of the hearing and shall include a statement of reasons that makes due reference to the subject under investigation. The demand shall become effective unless the majority of members invokes in that sitting by a formal decision its lack of relevance to the subject under investigation.

(2) On the basis of a demand under (1) above, an informant shall not be summoned and heard under §§ 37 et seq more often than twice.

(3) The Chairperson shall without delay announce receipt of a demand under (1) above and distribute same to the Investigating Committee members present in the sitting. Up to the end of the sitting, the Chairperson shall hold said demand at the disposal of any further members that may wish to second it in writing. If a demand is seconded by more than half of the committee members, it shall not be counted for the purpose of the restriction under (2) above.

(4) If the majority of the Investigating Committee’s members invokes a lack of relevance to the subject under investigation of a demand under (1) above, the quarter of members supporting said demand may under Art. 138b (1) [5] B-VG petition the Constitutional Court to rule on the lawfulness of the decision under (1) above. If the Constitutional Court rules the decision unlawful, the demand under (1) above shall become effective.

(1) Summonses shall indicate the subject of investigation, the specific issues on which the informants will be heard, the time and place of the hearing and shall contain a reference to the legal provisions concerning the rights and duties of informants as well as those governing the reimbursement of costs and the consequences to be incurred in case of non-compliance with the summons.

(2) The Chairperson shall, after consultation with the Procedural Judge, in the interest of expediency and with due consideration to be given to what has been indicated under (1) above as well as to the schedule of work under § 16 (1), determine the time when and the order in which informants are to be heard. They shall be communicated to the members of the Investigating Committee without delay.

(3) If the person to be summoned is a civil servant, the competent administrative authority shall be informed of the summons at the same time.

Informants may at any time be invited to testify in writing.

(1) Summonses shall be executed by the Chairperson without delay.

(2) When an informant is summoned for the first time, evidence of service may be dispensed with. Any further summons shall be served on the addressee personally.

(1) Informants shall comply with the summons and give truthful testimony when heard. This shall be without prejudice to the grounds for refusal to testify as specified in §§ 43 and 44. Informants shall in particular have the right

1. to consult with the Procedural Advocate under § 11 (4) prior to and in the course of their hearing,

2. to have themselves accompanied when being heard before the Investigating Committee by a person in their confidence under § 46, and should the latter be excluded under § 46 (4), to continue the hearing at a later time,

3. to make an introductory statement under § 39 (1),

4. to submit evidence and written statements under § 39 (3) and move their publication or classification,

5. to contest the admissibility of questions under § 41 (4),

6. to have files and documents presented to them under § 42,

7. to move the exclusion of the public under § 17,

8. to be provided under § 19 (3) with the transcript of the recording of their hearing, to raise objections against mistakes in the record and against the extent to which the hearing is to be published, and to propose a limited number of minor corrections,

9. to be notified under § 51 (3) of the Committee’s draft report, reports submitted by a political group represented in the Committee, and personal dissenting opinions and to take position thereon, and

10. to demand reimbursement of expenses under § 59.

(2) The mere fact of being heard as an informant does not give rise to a position in public life in terms of § 7a Media Act nor to a connection with public life in terms of §§ 6, 7, 7a and 29 Media Act.

The following persons must not be subjected to a hearing:

1. Persons who by reason of psychiatric disorder, intellectual disability or other reason are unable to give truthful testimony;

2. Members of the clergy in regard to what has been confided to them in the course of confession or under the seal of official secrecy in their capacity as clergymen.

Civil servants heard as informants cannot plead being bound to secrecy. If a civil servant’s administrative authority which is informed of the summons under § 30 (3) considers it necessary that the hearing of the civil servant should be held, in total or in part, in a confidential or secret sitting under § 37a RPA, it shall so inform the Investigating Committee.

(1) If an informant without due cause fails to comply with a summons served on him/her personally under § 32 (2), the Investigating Committee may petition the Federal Administrative Court to impose a penalty for contempt under § 55. Such petition shall indicate the reason.

(2) The Investigating Committee may at the same time issue a second summons, warning the informant that it could, in case of repeated non-compliance, issue a warrant to have him/her brought before the Committee. Should the informant fail to comply with such summons without due cause, the Investigating Committee may order him/her to be brought before the Committee by the competent law-enforcement agency.

(3) Decisions under (1) and (2) above shall be executed by the Chairperson.

(4) Compulsory attendance under (2) above shall be subject to appeal to the Federal Administrative Court.

(1) Informants shall be heard individually in the absence of informants to be heard later.

(2) In a committee sitting the Chairperson may, after consultation with the Procedural Judge and, as far as possible, in coordination with the political groups represented in the Committee, change the order in which informants are to be heard as determined under § 30 (2).

(3) Informants giving contradictory evidence may be confronted with one another. All members of the Committee shall have the right to demonstrate contradictions in the respective testimonies and to ask additional questions for clarification of said contradictions.

(4) The hearing of an informant should not exceed a duration of three hours. The Chairman shall close the hearing after a duration of four hours at the latest, not including the initial questioning, an introductory statement under § 39 as well as any suspensions of the sitting.

The Procedural Judge shall first verify the informants’ personal data. Prior to the informants being heard the Procedural Judge shall instruct them about the grounds for refusal to testify and for excluding the pubic as well as about their duty to tell the truth and the penal consequences of false testimony. This instruction shall be noted in the Official Records.

(1) The Procedural Judge shall give the informant an opportunity to make an introductory statement, which should not exceed a duration of 20 minutes.

(2) The Procedural Judge shall subsequently, on behalf of the Chairperson, conduct the initial questioning of the informant on the subject on which s/he is to be heard, which should not exceed 15 minutes.

(3) Informants may present evidence and written statements which the Committee shall keep in its records. The informant may move to have them published or classified, on which motion the Investigating Committee shall decide.

(1) The Chairperson shall keep the list of speakers and, following the initial questioning, give the floor to the Committee members who have asked for recognition.

(2) For important reasons, and in particular in the interest of saving time, eliciting the truth or clearing up contradictions, the Chairperson may, if proposed by the Procedural Judge, moved by a member or, if no objection is raised, of his/her own accord, recognise members out of turn or withdraw a member’s right to speak.

(3) If there are no further requests for the floor, the Procedural Judge may address supplementary questions to the informant.

(1) Questions addressed to an informant must be germane to the subject on which evidence is to be heard as indicated in the summons.

(2) Informants shall not be asked questions that are vague, equivocal, incriminating, offensive or insinuating or that violate fundamental or personality rights. In particular, all questions shall be deemed inadmissible which suggest that a fact not admitted by informant has already been admitted.

(3) Questions suggesting to the informant circumstances whose existence is to be established by informant's answer may only be put if the information cannot be elicited otherwise.

(4) It shall be incumbent on the Chairperson to decide, after consultation with the Procedural Judge, on the inadmissibility of a question. The Chairperson shall be required to decide on the inadmissibility of a question if a Committee member, the Procedural Advocate or an informant so demands.

(5) If one quarter of the members of an Investigating Committee so demand, the Parliamentary Arbitration Board under § 57 shall rule on the lawfulness of a Chairperson’s decision under (4) above. If the Parliamentary Arbitration Board considers a question to be admissible, the Chairperson shall without delay summon the informant under § 32 and the latter shall be questioned anew.

(1) If a question under § 41 refers to files or documents, the latter shall be precisely identified and shall be presented to the informant and the Procedural Advocate. Due consideration shall be given to the provisions of § 21. If said files or documents have not been provided to the Investigating Committee under §§ 27, 31 or 39, the member asking the question shall in good time bring them to the notice of the Chairperson, the Procedural Judge, the Procedural Advocate and the other political groups represented in the Committee.

(2) Subsequently, any member of the Investigating Committee or the Procedural Advocate may require a suspension of the sitting for the purpose of examining the documents as to whether their presentation to the informant is admissible.

(1) An informant may refuse to testify

1. on matters that concern his/her private life or that of one of his/her relatives (§ 72 Penal Code) or that would expose him/her or said relative to the jeopardy of penal prosecution;

2. regarding questions the reply to which might expose the informant or one of his/her relatives to a direct and significant pecuniary disadvantage;

3. on facts about which an informant could not bear testimony without violating a legally recognised obligation to observe secrecy, unless the informant has been validly released from his/her obligation to observe secrecy or is under obligation to testify as a civil servant under § 35;

4. regarding information that s/he has obtained in his/her capacity as defence counsel or other legal counsel;

5. regarding questions which the informant could not answer without disclosing a trade or business secret;

6. on the question in what way the informant has exercised his/her right to vote in an election or vote declared by law to be by secret ballot;

7. regarding questions the answering of which would compromise sources in terms of Art. 52a (2) B-VG.

(2) In the cases listed in 1. and 2. above, the informant may, with regard to the relative(s) referred to, refuse to testify even if the marriage or registered partnership on which the relationship is grounded is no longer in existence.

An informant cannot refuse to testify, on grounds that s/he might suffer a pecuniary disadvantage, about the conclusion and object of a legal transaction regarding the conclusion of which s/he has been an informant.

(1) An informant who wishes to refuse to testify shall state the grounds for his/her refusal in the course of the sitting at which s/he is to be heard or in his/her written response to the summons under § 31. S/he shall furnish adequate proof of the validity of his/her grounds if so requested by a Committee member or by the Chairperson.

(2) The Chairperson shall, after consultation with the Procedural Judge, rule on the justification of the refusal. Should s/he conclude that such refusal is not justified, s/he may, in case of persistent refusal, petition the Federal Administrative Court to impose a penalty for contempt under § 55. Such petition shall indicate the reasons.

(1) Every informant may have himself/herself accompanied by a person in his/her confidence when being heard before the Investigating Committee.

(2) The person in the informant’s confidence shall be informed by the Procedural Judge about the penal consequences that false testimony of the informant would have. This instruction shall be noted in the Official Record.

(3) The person in the informant’s confidence shall have the right to advise the informant but shall not have the right to make statements before the Committee or to reply instead of the informant. S/he may directly address himself/herself to the Procedural Judge or the Procedural Advocate if the Rules of Procedure are violated or the informant’s fundamental or personality rights infringed.

(4) The following persons may be excluded as persons in the informant's confidence:

1. any person who is likely to be summoned as an informant in the hearings before the Investigating Committee;

2. any person who might influence an informant in making a free and complete statement;

3. any person who violates the provisions of (3) above.

In case of exclusion of the person in his/her confidence, the informant shall have the right to continue the hearing in the presence of another person in his/her confidence. The Chairperson shall determine the time when the hearing is to be continued.

(5) The person in the informant’s confidence shall be entitled to reimbursement of costs under § 59 (2).

If evidence has to be obtained from an expert, the Investigating Committee may appoint such expert informants. Unless special circumstances call for a decision to the contrary, appointments shall be made from among the experts officially appointed to testify on matters of the nature of the subject at issue.

(1) An appointment as expert shall be accepted by whoever has been officially appointed as expert regarding matters of the nature of the subject at issue or who publicly exercises for profit, or who is publicly employed or authorised to exercise, the profession or trade the expertise of which is a prerequisite for testifying as an expert on the subject at issue.

(2) An expert may ask to be released from his/her appointment for the same reasons as can be cited by informants who wish to refuse to testify. § 45 shall be applied mutatis mutandis.

(3) The expert informant shall receive a remuneration under § 61 for his/her services.

Expert informants shall have the right to inspect the files and documents in possession of the Investigating Committee that are required for the performance of their duties. They may submit to the Investigating Committee proposals for supplementary requests for evidence under § 25 and for summonses of informants under § 28.

In connection with the subject of investigation the Chairperson may invite the Committee members as well as the Procedural Judge and the Procedural Advocate to visit the relevant locations within the federal territory.

(1) When it has concluded taking evidence under § 22, the Investigating Committee shall report to the National Council in writing. The report shall contain a description of the proceedings, state the evidence taken, the facts ascertained and, where possible, an evaluation of the evidence, and present the result of the investigation. The report may also contain recommendations.

(2) When preparing and presenting the report and when publishing the Committee report and the political groups’ reports under (3) [2] below, agreements under § 58 shall be respected, and the safeguarding of interests of secrecy requiring protection under § 21 shall be ensured, as well as, if personal data are used, the safeguarding of interests of secrecy warranting protection and prevailing over the public’s interest to be informed.

(3) the provisions of §§ 42 and 44 RPA shall apply to reporting, with the proviso that

1. the Chairperson shall, within two weeks of the taking of evidence being concluded, prepare a written draft report, based on the draft report drawn up by the Procedural Judge,

2. each political group represented in the Committee may within a further two weeks file a separate written report with the Chairperson,

3. any persons whose rights could be violated by the publication of the Committee report, political groups’ reports or personal dissenting opinions shall without delay and demonstrably be notified by the Procedural Judge. They may within a further two weeks take position on the respective statements. The substance of such comments shall be reflected in the Committee report and/or political groups’ reports and personal dissenting opinions. If statements relating to a person have been the subject of discussion in a public sitting of the Investigating Committee, notification of that person may be dispensed with.

(4) If the Investigating Committee’s activity comes to an end prematurely because the National Council under Art. 29 (2) B-VG votes to dissolve before the expiry of the legislative period, (3) above shall apply with the proviso that

1. the Chairperson shall, within one week of the taking of evidence being concluded, prepare a written draft report, based on the draft report drawn up by the Procedural Judge,

2. reports by political groups and personal dissenting opinions shall be prepared within a further week.

(1) If the Investigating Committee is unable to present a report in writing within the time limits under § 53, the Chairperson shall present an oral report about the activities of the Investigating Committee in the National Council sitting following expiry of the time limit. § 51 (2) shall be applied mutatis mutandis.

(2) With the report being presented under (1) above, the activity of the Investigating Committee shall come to an end. The material point in time shall be enounced by the President in the sitting, noted in the Official Record and published without delay.

(1) The activity of an Investigating Committee shall come to an end as soon as the consideration of its report under § 51 begins in the National Council sitting following the report’s submission to the President. This shall happen no later than 14 months from the Committee being established. The material point in time shall be enounced by the President in that sitting, noted in the Official Record and published without delay.

(2) A demand to set up an Investigating Committee under § 1 (2) may contain a motion to shorten the period under (1) above. The Rules of Procedure Committee shall decide on such motion. Its decision shall be recorded in its report under § 3.

(3) A proposal by the President or a motion to set a deadline for reporting under § 43 RPA shall take into consideration the time limits under § 51 (3).

(4) If an Investigating Committee has been set up on the basis of a demand under § 1 (2), it shall not be in order to set a deadline under § 43 RPA. A premature conclusion by the Investigating Committee of its taking of evidence under § 22 shall in such a case be possible exclusively upon a motion of the Qualified Minority.

(5) Upon a demand on the part of the Qualified Minority, the period under (1) above can be extended by a maximum of three months. Such demand shall be communicated to the President in writing no later than 12 months from the Committee being established.

(6) Upon a motion of the Qualified Minority, the National Council may vote another extension for no more than three months. Such motion shall be submitted to the President in writing no later than 15 months from the Committee being established. Five Members may demand that a debate be held thereon. § 2 (1) shall be applied mutatis mutandis. The motion shall be voted on at the end of the sitting.

(7) If the National Council under Art. 29 (2) B-VG votes to dissolve before the expiry of the legislative period, the Investigating Committee shall conclude the taking of evidence under § 22 as soon as the respective federal law is promulgated and shall submit its report in accordance with the time limits under § 51 (4). Otherwise, the report shall be submitted no later than on the day preceding the election reference day of the next elections to the National Council.

(1) The call to speak to the point and the call to order shall be governed, mutatis mutandis, by the provisions applicable in the sittings of the National Council.

(2) If a member of the Investigating Committee, after having been called to order, persistently violates the provisions of the Information Rules Act by disclosing classified information in a sitting, the Chairperson may impose an administrative fine in the amount of 500 to 1,000 EUR. Such fine shall be imposed in the course of a committee sitting. A statement of the reasons shall be given. The fine shall be noted in the Official Record. It shall be notified by the Chairperson in writing to the respective Committee member without undue delay as well as to the President.

(3) Upon a motion of the Procedural Judge or of his/her own accord, the Chairperson may, in case of repeated violation of the Information Rules Act, also impose an administrative fine under (2) above if the violation occurred outside a sitting of the Investigating Committee and has resulted in a dissemination of the classified information in a periodical medium or one that is constantly available for download (website) or in a publication by radio broadcast. The motion, which shall indicate the reasons, shall be tabled, and the fine imposed, in the Investigating Committee sitting following the publication.

(4) The Investigating Committee member concerned may, by the end of the next sitting of the Investigating Committee, raise a reasoned objection in writing against the fine imposed, which shall be filed with the President. The objection shall have suspensive effect and shall be communicated to the Rules of Procedure Committee, along with a copy of the written notification under (2) above. The Rules of Procedure Committee shall rule on the objection without undue delay. It shall without delay communicate its ruling in writing to the Investigating Committee member concerned as well as to the President.

(5) The collection of administrative fines is incumbent on the President. Such fines shall accrue to the Federation. An administrative fine shall be deducted from the amounts due to the respective member of the Investigating Committee under the Federal Emoluments Act, BGBl. I No. 64/1997, as amended by BGBl. I No. 57/2014.

(1) A fine in the amount of 500 to 1,000 EUR, or of 2,000 to 10,000 EUR in case of recurrence, may be imposed as a penalty for contempt in case of an informant’s non-compliance with a summons.

(2) A fine in the amount of up to 1,000 EUR may be imposed as a penalty for contempt in case of unjustified refusal to testify.

(1) When ruling on cases under §§ 36 (1 and 4) and 45 (2) the Federal Administrative Court shall sit in a panel. The Federal Administrative Court shall conduct the investigations necessary for its decision.

(2) In cases under §§ 36 (1) and 45 (2) the Federal Administrative Court shall decide within four weeks.

(3) Each ruling under (1) above shall contain instructions about the possibility of appeal to the Constitutional Court and of ordinary or extraordinary appeal to the Supreme Administrative Court. In addition, the Federal Administrative Court shall inform about

1. the time limits to be observed when filing such appeals;

2. the legal requirement of such appeals being filed by an attorney;

3. the court fees due for such appeals.

(4) For determining the penalty for contempt under § 55, the Federal Administrative Court shall apply § 19 Administrative Penal Act 1991, BGBl. No. 52, mutatis mutandis.

(1) The Parliamentary Arbitration Board shall be formed by the members of the Ombudsman Board.

(2) If a demand is made under § 41 (5), the Chairperson shall without delay inform the Parliamentary Arbitration Board and communicate to it the transcript of the hearing.

(3) The Parliamentary Arbitration Board shall decide by unanimous vote. Abstentions shall not be permitted. The Arbitration Board’s rulings shall be published by the President. § 20 (4) shall be applied mutatis mutandis.

(1) The Chairperson shall communicate to the Federal Minister of Justice the basic order to take evidence under § 24, supplementary requests for evidence under § 25 as well as summonses of witnesses.

(2) If the Federal Minister of Justice is of the opinion that demands for submission of files and documents, requests to take evidence, or summonses of informants affect the activities of the prosecuting authorities with respect to specific investigations, s/he may require the Chairperson to enter into the consultation procedure, which shall be opened by the Chairperson without delay.

(3) The consultation procedure shall be conducted by the Chairperson, who shall be assisted by the Procedural Judge. The Parliamentary Groups shall be involved in the consultation procedure, for which purpose each of them may designate one member.

(4) Under the consultation procedure, the Chairperson and the Federal Minister of Justice may agree in writing that appropriate measures shall be taken to give due consideration to the activities of the prosecuting authorities with respect to specific investigations when determining the committee’s schedule of work, submitting files and documents as well as evidence taken, hearing informants and in connection with the Investigating Committee’s publications. The interests of criminal prosecution shall be weighed against the interests of parliamentary control.

(5) Should the Investigating Committee and the Federal Minister of Justice disagree on the necessity or the interpretation of such agreement, the Committee may call upon the Federal Minister of Justice to take position thereon within a period of two weeks.

(6) The Constitutional Court shall decide under Art. 138b (1) [6] B-VG on the necessity or interpretation of such agreement if so petitioned by the Investigating Committee or the Federal Minister of Justice after the lapse of the period under (5) above.

(1) Informants summoned to be heard before the Committee who have to travel for this purpose from their place of residence or work to the seat of the National Council shall be entitled to reimbursement of their costs. Reimbursement shall be effected by the Parliamentary Administration on production of the relevant evidence and subject to approval by the President. The provisions governing travel expenses of federal civil servants shall be applied mutatis mutandis. On production of the relevant evidence, informants shall also be reimbursed for their loss of earnings.

(2) A person in an informant’s confidence accompanying an informant under § 46 and who has to travel for this purpose from his/her place of residence or work to the seat of the National Council, shall be entitled to reimbursement of his/her costs. Reimbursement shall be effected by the Parliamentary Administration on production of the relevant evidence and subject to approval by the President. The provisions governing travel expenses of federal civil servants shall be applied mutatis mutandis.

(3) Informants having themselves accompanied by a person in their confidence may apply for reimbursement of the costs incurred for the latter’s counselling. The application shall contain a description of informant’s income and financial situation and provide evidence of his/her need for financial support. It shall be filed no later than by the beginning of the hearing. A list of costs shall be submitted without delay after the hearing.

(4) When all documents required have been submitted, the Chairperson shall, after consultation with the Procedural Judge, decide without delay on applications under (3) above. Reasonable costs for counselling shall be reimbursed to the informant, with due consideration to be given to his/her financial situation. They shall, however, not exceed the amount due to the Procedural Advocate under § 60 (1) for the duration of the hearing of that informant.

(1) In compensation of their services, the Procedural Judge and the Procedural Advocate, their deputies as well as the Special Investigator shall receive for each hour or part thereof an amount equivalent to one tenth of the remuneration due to a substitute member of the Constitutional Court for one day of hearing (§ 4 (3) Constitutional Court Act). For reimbursement of their travelling costs the provisions governing travel expenses of federal civil servants shall be applied mutatis mutandis. The determination of the amount to be reimbursed shall be incumbent on the President.

(2) The President shall provide to the Procedural Judge and the Procedural Advocate, their deputies as well as the Special Investigator the material and personnel resources necessary for the accomplishment of their administrative duties. When performing activities commissioned by the Procedural Judge, the Procedural Advocate, their deputies or the Special Investigator, the staff provided shall be bound exclusively by their instructions.

(1) Experts invited to appear before the Investigating Committee in order to make an oral statement and who have to travel for this purpose from their place of residence or work to the seat of the National Council shall be entitled to reimbursement of their costs. Reimbursement shall be effected by the Parliamentary Administration on production of the relevant evidence and subject to approval by the President. The provisions governing travel expenses of federal civil servants shall be applied mutatis mutandis.

(2) For rendering opinions in writing, experts shall receive appropriate remuneration, which shall be determined by the President.