Promulgations: BGBl. [Federal Law Gazette] No. 361/1988 as amended by BGBl. No. 191/1989, BGBl. No. 837/1993, BGBl. No. 50/1996, BGBl. I No. 65/1997, BGBl. I No. 84/1999, BGBl. I No. 192/1999, BGBl. I No. 154/2009, BGBl. I No. 27/2010, BGBl. I No. 41/2010, BGBl. I No. 141/2011, BGBl. I No. 53/2015 and BGBl. I No. 79/2021
Rules of Procedure of the Austrian Federal Council
I. General Provisions regarding Members of the Federal Council
§ 1. Membership and Right of Vote
(1) The Members of the Federal Council (hereinafter referred to as Members) are elected by the Provincial Diets (Landtage) for the duration of their respective legislative periods and shall bear the title of Bundesrat (for male members) and Bundesrätin (for female members), respectively. Members of the Federal Council exercising a function pursuant to the present Rules of Procedure shall be referred to by the gender-specific form of the title designating that function. Each Member of the Federal Council shall have a seat and vote in the Council from the time of his/her election by the respective Provincial Diet.
(2) If the seat of a Member of the Federal Council falls vacant during the legislative period of the Provincial Diet by whom s/he was elected, s/he shall be replaced by the Substitute Member elected by the Diet pursuant to Art. 34 (2) B-VG (Federal Constitutional Law).
(3) Each Member of the Federal Council shall be issued by the Parliamentary Administration an official pass with his/her photograph, which shall be valid for the duration of his/her term of office on behalf of the Provincial Diet by whom s/he was elected.
§ 2. Swearing-in of Members
(1) Each member shall, on the occasion of the first sitting s/he attends after his/her election, be called on by the President to take his/her oath of office by pronouncing the words “Ich gelobe” (“I promise”), swearing to faithfully uphold the Republic, to fully respect its laws and to perform his/her duties conscientiously.
(2) If a Member fails to take his/her oath of office or fails to take it in the prescribed form or wishes to enter any reservations or impose any conditions, such conduct shall constitute grounds for the loss of his/her seat pursuant to Art. 141 B-VG.
§ 3. Expiry of Term of Office, Resignation or Loss of Seat
(1) The term of office of a Member of the Federal Council shall expire
a) at the end of the legislative period of the respective Provincial Diet, subject to the provisions of para (2) below;
b) by resignation of the Member;
c) by decision of the Constitutional Court on loss of seat.
(2) After the end of the legislative period of a Provincial Diet the Members of the Federal Council delegated by that Diet shall remain in office until the new Provincial Diet has elected the new Members of the Federal Council.
(3) A Member resigning from his/her office shall communicate said resignation to the respective Provincial Diet in writing. At the same time s/he shall duly inform the President of the Federal Council. Unless a posterior date is indicated in the declaration of resignation, the resignation shall take effect at the date the declaration is received by the Provincial Diet.
(4) If the President is informed of legally valid grounds for a Member losing his/her seat, s/he shall without delay entrust the examination of the matter to the Committee charged with the preliminary deliberation of constitutional matters. In case legal conditions for a loss of seat are determined to exist, the Committee shall prepare the motion in pursuance of Art. 141 B-VG. Procedural rules for the consideration of committee motions shall apply mutatis mutandis.
(5) A loss of seat pursuant to a decision of the Constitutional Court shall enter into effect on the day following receipt of said decision by the President of the Federal Council. The President shall without delay notify said decision to the Member in question and to the delegating Provincial Diet and inform the Federal Council accordingly at its next sitting.
§ 4. Attendance Requirements
(1) Every Member of the Federal Council shall be required to attend the plenary sittings of the Federal Council and the sittings of the Committees to which s/he has been elected.
(2) If a Member is prevented from attending the plenary sittings, s/he shall so inform the President as soon as possible, stating the reason and foreseeable duration of his/her absence.
(3) If the President is informed of a Member being prevented from exercising his/her duties for a period likely to be in excess of thirty days and such absence is for a reason other than illness, or if a Member absent for more than thirty days fails to inform the President in accordance with para (2) above, the President shall inform the Plenary accordingly. If the reason for the Member’s absence is challenged or no apology in accordance with para (2) above has been received, the Plenary of the Federal Council shall decide without debate whether the Member in question shall be required to resume without further delay his/her attendance at the plenary sittings or otherwise justify his/her absence.
(4) Failure of a Member to respond favourably, within thirty days at the latest, to the request made in a public meeting of the Federal Council to resume without delay his/her attendance of the plenary sittings, or the rejection of his/her justification of his/her absence from the sittings of the Federal Council, shall constitute grounds for the loss of his/her seat pursuant to Art. 141 B-VG.
§ 5. Immunity of Members
Throughout the duration of their term of office, Members of the Federal Council shall enjoy the immunity of Members of the Provincial Diet that has delegated them (Art. 58 B-VG).
II. General Provisions concerning the Organs, Groups and Administration of the Federal Council
§ 6. Presidency
(1) The Presidency of the Federal Council shall be held by the Federal Provinces, rotating at six-month intervals in alphabetical order.
(2) The first-ranking representative of the Province entitled to the Presidency shall be the President of the Federal Council.
(3) Whenever the Presidency in the Federal Council changes in accordance with para (1) above, the Federal Council shall elect, from among its Members, two Vice-Presidents as well as at least two Secretaries and at least two Whips. These elections shall be governed by the principles of proportional election (d’Hondt procedure) and shall be subject to the condition that the first-elected Vice-President and the first-elected Secretary shall not be of the same Parliamentary Group as the President. Each Group shall have at least one Whip. The officers so elected shall remain in office until the next election.
§ 7. President
(1) It shall be incumbent on the President of the Federal Council to ensure that it duly accomplishes its tasks and that its business is transacted without undue delay. The President shall also safeguard the decorum and rights of the Federal Council.
(2) S/he shall implement the Rules of Procedure and ensure their respect. S/he shall convene the Federal Council, open and close its sittings and chair them and preside over its proceedings. S/he may at any time, and especially in case of any disturbance or interference, suspend the sitting for a definite or indefinite period. S/he shall see to it that persons who disturb the peace, or in extreme cases, all those attending in the seating area reserved for the public, are removed from the Chamber.
(3) The President shall have the right to receive all documents addressed to the Federal Council. S/he shall represent the Federal Council and its Committees vis-à-vis third parties and in particular cultivate international parliamentary relations.
(4) The President shall without delay transfer to the National Council in writing any objections by the Federal Council. S/he shall also without delay inform the Federal Chancellor of all decisions of the Federal Council regarding bills (decisions) passed by the National Council or with respect to the Rules of Procedure of the Federal Council.
(5) The President shall have authority over the rooms and facilities placed at the disposal of the Federal Council and its Committees; his/her approval shall be required for the production of sound, film and video recordings of proceedings in the Federal Council and its Committees. In conjunction with the Vice-Presidents s/he may issue general instructions regarding such recordings. Any exceptions deemed to be necessary in individual cases shall be ruled on by the President.
(6) The President shall, in conjunction with the Vice-Presidents, lay down the general principles of seating arrangements in the Federal Council Chamber. If no agreement can be achieved, the President shall take a provisional decision on general seating arrangements. Members belonging to one and the same Parliamentary Group shall make their own seating arrangements within the area assigned to their Group and shall duly inform the President of said arrangements.
(7) The President shall, in conjunction with the Vice-Presidents, establish the Draft Budget of the Federal Council. S/he shall have the right of disposition of the funds earmarked for the Federal Council in the Federal Budget.
(8) The President shall also, after consultation with the President’s Conference, establish a programme of work for the sittings of the Federal Council, which shall whenever possible cover a period of 12 months in advance.
(9) The President shall order the publication of a list of Members of the Federal Council. This list shall contain, along with the private and/or postal address of each Member, information as to when and by which Provincial Diet the Member in question was elected to the Federal Council as well as to which Parliamentary Group s/he belongs. The list shall also contain information on previous terms of office in the Federal Council. The list shall be revised whenever major changes have occurred. In addition to the above, personal data such as Members’ dates of birth may be included. The President shall have the right to decide on other publications.
§ 8. Vice-Presidents
(1) The Vice-Presidents of the Federal Council shall assist the President in the exercise of his/her office.
(2) If the President is unable to discharge his/her duties, the same shall be discharged by the Vice-Presidents in the order in which they have been elected. The President may ask one of the Vice-Presidents to chair sittings of the Federal Council in his/her stead.
§ 9. Chairpersons ad interim
(1) If the President and the Vice-Presidents of the Federal Council are unable to discharge their duties or if their offices have fallen vacant, the oldest (Senior) Member (by age) of the Federal Council who is not him/herself incapacitated at that time and who belongs to a Parliamentary Group to which the President or the Vice-Presidents belonged at the time when they became unable to discharge their duties or their offices fell vacant shall without delay convene the Federal Council for the purpose of electing chairpersons ad interim. If that Senior Member fails to comply with this duty immediately, the next most senior Member meeting the requirements expounded above shall take his/her place. The meeting shall be convened in such a way that the Federal Council can meet, at the latest, within five days of the incapacity of the President and Vice-Presidents or the vacancy of their offices having become known.
(2) After opening the sitting, said Senior Member shall proceed to the election of three chairpersons to assume, ad interim, the functions of the President and Vice-Presidents, respectively. The chairpersons ad interim shall belong to the same Parliamentary Groups as the President and Vice-Presidents, respectively, whom they replace; they shall remain in office until such time as the President of the Federal Council or one of its Vice-Presidents can resume his/her functions.
(3) If the office of one of the Vice-Presidents has fallen vacant by the time the Federal Council convened by the Senior Member meets, a new Vice-President shall be elected and the election of chairpersons ad interim shall not take place.
§ 10. President's Conference
(1) The President, the Vice-Presidents and the chairpersons of the Parliamentary Groups shall constitute the President’s Conference. The Parliamentary Group chairpersons may delegate other Members to the President’s Conference. The President may invite other persons to participate in the meetings of the President’s Conference.
(2) The President's Conference shall act as a deliberative organ that assists the President in the exercise of his/her functions. Its duties shall above all include the coordination of the deliberations of the Federal Council and its Committees, the presentation of proposals for the cultivation of international parliamentary relations and the consideration of other important matters affecting the Federal Council.
(3) The President’s Conference shall be convened by the President, who shall have to convene it at the request of one of its members. Meetings of the President’s Conference shall be chaired by the President of the Federal Council.
(4) The President’s decisions under § 8 (2) in conjunction with § 6 (2), § 10 (1 and 3) as well as §§ 16 (1) [6] and (2) [2] Information Rules Act, BGBl. I No. 102/2014, and the provisions decreed under §§ 26 and 27 Information Rules Act shall be subject to prior deliberation in the President’s Conference.
§ 11. Secretaries
The Secretaries shall assist the President in the exercise of his/her functions, in particular regarding announcements to be made to the Federal Council, voting (elections) and the preparation of the Official Records (execution of Federal Council decisions).
§ 12. Whips
The Whips shall assist the President in chairing the meetings and, in particular, in maintaining order in the chamber.
§ 13. Committees
(1) The Federal Council shall establish, by election, Committees for the purpose of preliminary deliberations on items of business. The Federal Council shall determine the number of members and substitute members of each of the Committees to be established. In so doing, it shall determine, giving due consideration to the relative strengths of the Parliamentary Groups in the Federal Council, the number of members and substitute members each Parliamentary Group shall have in each Committee.
(2) Motions for the establishment of a Committee, for modifying its composition or for dissolving it shall be dealt with in pursuance of § 49; the President shall have the power to postpone voting on such motions to the end of the sitting or the beginning of the next sitting before entry upon the agenda.
(3) The Parliamentary Groups shall inform the President in writing of the names of the Committee members and substitute members to whom they are entitled; said members and substitute members shall then be deemed elected.
(4) If a Committee member is prevented from attending, s/he shall be represented by a substitute member belonging to the same Parliamentary Group. A Parliamentary Group may, however, inform the chairperson in writing that a Committee member will not be represented by a substitute member but by another Federal Council Member belonging to that Parliamentary Group.
(4a) Members of the Incompatibility Committee shall be represented as provided in para 4 insofar as they are personally affected by an item under consideration in the Committee.
(5) Committee membership shall expire if a Member retires from the Committee, if s/he ceases to belong to the Parliamentary Group by which s/he has been nominated, or if the Parliamentary Group nominates another member to replace him/her.
(6) Expiry of Committee membership shall take effect upon receipt of a communication to that effect by the President of the Federal Council.
(7) The deliberations of Committees shall not be interrupted by a change in membership.
§ 13a. [Committee on EU Affairs]
(1) For the purpose of deliberations on projects within the scope of the European Union under Art. 23e B-VG and the preliminary deliberation on motions calling for action under § 21a the Federal Council shall elect a Committee on Affairs of the European Union (EU Committee) in accordance with the principles laid down in § 13 above. All documents on projects of the European Union directly transmitted to National Parliaments by institutions of the European Union shall also be subject to deliberation in the EU Committee.
(2) Said EU Committee shall also have the right to repeatedly
1. deliver an opinion under Art. 23e (1) B-VG or
2. oppose an intended departure by the competent Federal Minister under Art. 23e (4) B-VG or
3. take note of, or refuse to take note of, reports of the competent Federal Minister under Art. 23e (4) B-VG or
4. adopt a communication under Art. 23f (4) B-VG or
5. deliver a reasoned opinion under Art. 23g (1) B-VG or
6. call for a statement on the part of the competent Federal Minister under Art. 23g (2) B-VG or
7. recommend that the Federal Council deliver an opinion under Art. 23e (1) B-VG, pass a communication under Art. 23f (4) B-VG or deliver a reasoned opinion under Art. 23g (1) B-VG.
(3) If the Federal Council so decides or more than half of the Members of the Federal Council of three Provinces so demand before the opening of deliberations in the EU Committee, the right to deliver opinions or reasoned opinions or make communications shall be reserved to the Federal Council. Application mutatis mutandis of § 16 (3) notwithstanding, the EU Committee shall in such cases present to the Federal Council, before the beginning of a Federal Council sitting in which a project under Art. 23e B-VG is to be deliberated on, a report which may contain a motion under § 13a (2) [7].
(4) Apart from § 28 (3), a project of the European Union under Art. 23e B-VG shall be placed on the agenda of an EU Committee if this is demanded by
1. the competent Member of the Federal Government or
2. more than one half of the Members of the Federal Council from each of at least three Provinces, or one quarter of the Members of the Federal Council, or
3. if a member of the EU Committee so demands at the latest 48 hours before a sitting and if said project is likely to be decided upon at the next meeting of the Council of the European Union, it being understood that Members of the Federal Council belonging to one and the same parliamentary group may only make one such demand.
(5) Once it has been decided that a project under § 13a is to be deliberated as an agenda item in a sitting of the EU Committee, the President shall request the competent Federal Minister to supply written information in line with the provisions of the EU Information Act, BGBl. I No. 113/2011.
(6) If a parliamentary group represented in the Committee so demands, the President shall request the competent Federal Minister to supply written information on a European Document in line with the provisions of the EU Information Act, BGBl. I No. 113/2011. Each parliamentary group shall have the right to make three such demands in the course of one year, while the admissibility of any further such demands shall be decided by the President in consultation with the President’s Conference. In addition, each parliamentary group may call for written information about an impending decision on matters under § 5 (1 to 5) EU Information Act, it being understood that only one such demand may be made in respect of any one impending decision.
§ 13b. [Committee on EU Affairs]
(1) Unless the present Rules of Procedure stipulate otherwise, the EU Committee’s participation under Art. 23e B-VG and its deliberations on motions to bring action under § 21a shall be governed, mutatis mutandis, by the provisions of Chapter IV governing Federal Council committees.
(2) Deliberations of the EU Committee on projects within the framework of the European Union shall be confidential or secret if the provisions of the European Union concerning secrecy of such projects and/or of documents relating thereto or the provisions of the Information Rules Act so require. When the Committee uses classified information of levels 1 and 2 as defined in the Information Rules Act, its deliberations and proceedings shall in any case be confidential. When it uses classified information of levels 3 and 4 as defined in the Information Rules Act, its deliberations and proceedings shall be secret.
(3) The provisions of (2) above notwithstanding, deliberations of the EU Committee on projects within the framework of the European Union shall be open to the public to the extent that adequate space is available; in admitting the public, preference shall be given to media representatives. Sound, film and video recordings as well as the taking of photographs shall be permitted if the Committee so decides. For important reasons, a Member may move that the public be excluded from all or part of the deliberations.
(4) Subject to the provisions of § 13b (2) as well as § 31 (2), every Member of the Federal Council as well as the Members of the European Parliament elected in Austria shall have the right to attend the EU Committee’s deliberations on projects of the European Union in an advisory capacity. Confidential or secret sittings under § 13b (2) may, however, only be attended by persons who are members of the committee or authorised to access information of the respective classification level under § 16 Information Rules Act or who are authorised to attend committee sittings pursuant to § 29 (1 and 2) or § 30 (2). Other persons may be admitted if the committee so decides. They shall be informed by the committee chairperson of their duty to keep confidentiality and of the consequences of disclosure of protected Information.
(5) The Chairperson of the Committee may place on the agenda of a sitting the item “Debate on topical matters concerning the European Union”. S/he shall be obliged to do so if the Committee so decides before entry upon the agenda. In the course of the debate only procedural motions may be made. The Chairperson shall have the right to close the debate once the subject has been extensively debated.
(6) Before entry upon the debate on a project of the European Union the Chairperson may give the floor to competent Federal Minister or a member of his/her ministry for an introductory report on the project and the position taken on it by said competent Minister.
(7) Once debate on the business in hand has been opened any member of the EU Committee may introduce written motions concerning decisions under § 13a (2):
1. Motions for opinions under Art. 23e B-VG shall relate to whether the project in hand is to be transposed into national legislation in the form of a federal constitutional law which would require the assent of the Federal Council under Art. 44 (2) B-VG;
2. Motions to adopt a communication under Art. 23f (4) B-VG shall clearly designate the projects under § 13a (1) to which the communication relates as well as the addressees and other recipients of it;
3. Motions for reasoned opinions under Art. 23g (1) B-VG shall contain reasoning why the draft legislative act is incompatible with the subsidiarity principle.
(8) Deliberations shall be deemed closed once the list of speakers has been exhausted unless a motion under para (7) above or a motion to adjourn has been made.
(9) The President of the Federal Council shall provide for the transmission without delay of
1. opinions and other decisions to all members of the Federal Government
2. communications under Art. 23f (4) B-VG to the respective addressees and further recipients, and
3. reasoned opinions under Art. 23g (1) B-VG to the Presidents of the European Parliament, of the Council and of the Commission.
Unless the EU Committee decides otherwise, opinions, reasoned opinions and communications shall furthermore be distributed to all Members of the Federal Council, the President of the National Council, the Provincial Diets, the Provincial Governors and the Members of the European Parliament elected in Austria.
(10) Unless the Committee decides otherwise or opinions, communications or reasoned opinions under § 13a (3) are reserved to the Federal Council, summary records of the deliberations of the EU Committee shall be taken down and annexed to the Official Records. Summary records of those parts of the deliberations which are open to the public shall be annexed to the Stenographic Records.
(11) The committee chairperson shall decide to what extent records shall be made of committee proceedings dealing with classified information. The President shall provide for the safekeeping of the records.
§ 14. Parliamentary Groups
(1) Members of the Federal Council elected by the Provincial Diets on the basis of proposals made by one and the same political party may form a Parliamentary Group. The minimum number of Members of the Federal Council required for recognition as a Parliamentary Group is five.
(2) Members of the Federal Council who do not meet the requirements of para (1) above may only form a Parliamentary Group with the approval of the Federal Council.
(3) The chairperson of a Parliamentary Group shall inform the President in writing of the establishment of said Parliamentary Group.
§ 15. Administration
(1) Assistance in accomplishing parliamentary tasks and administrative matters within the scope of the Federal legislative organs is entrusted to the Parliamentary Administration, which is responsible to the President of the National Council.
(2) Regarding matters of the Federal Council, the internal organisation of the Parliamentary Administration shall be established in conjunction with the President of the Federal Council, who shall have the right to issue instructions concerning activities subserving the exercise of the functions entrusted to the Federal Council.
(3) The chief civil servant in charge of matters of the Federal Council shall have the title of Director of the Federal Council (Bundesratsdirektor) and his deputy the title of Deputy Director of the Federal Council (Bundesratsvizedirektor).
III. General Provisions concerning the Federal Council
§ 16. Items of Business of the Federal Council
(1) Items of Business of the Federal Council shall be:
a) Bills (decisions) adopted by the National Council;
b) Projects under Art. 23e B-VG, of which the competent members of the Federal Government have to inform the Federal Council;
c) Private Members' motions on the part of Members of the Federal Council and private Members' motions to bring action on grounds of an infringement of the subsidiarity principle under § 21a;
d) Submissions by the Federal Government or its members;
e) Reports of parliamentary delegations;
f) Reports by the Ombudsman Board;
g) Requests for the authority to prosecute persons for insulting the Federal Council;
h) Committee motions;
i) Statements by the Federal Government or its members;
i) Statements by Provincial Governors;
k) Statements by personalities of European and international political life;
l) Elections (election proposals);
m) Questions (and answers thereto);
n) Petitions.
(2) The items of business listed in paragraph (1) (i to m) shall only be debated in the Federal Council in accordance with the provisions of § 37 (5), § 38 (4), § 57 (2), § 59 (7), § 60 (1) and (2) and § 61 (1) and (3).
(3) Prior to entry upon the agenda the Federal Council may decide by a two-thirds majority of the Members present that the items of business listed in para (1) (a to g) above shall be considered immediately without preliminary deliberation by a committee.
(4) Furthermore, the Federal Council may, prior to entry upon the agenda, decide by a two-thirds majority of the Members present that items of business other than those listed in para (1) above shall be considered with or without preliminary deliberation by a committee.
(5) Items of business under §16 (1) (c) shall be considered withdrawn when all movers of said items have ceased to be Members of the Federal Council.
§ 17. Immunity from Being Called to Account for Publishing True Accounts of Public Proceedings
The items of business enumerated in § 16, other than petitions, shall pursuant to Arts. 33 and 37 (3) B-VG be deemed part of the proceedings in public sittings of the Federal Council; this shall also hold for committee reports and minority reports.
§ 18. Copying and Distribution of Documents
(1) As soon as items of business as enumerated in § 16 (1) (a to h and m), documents presented to the Federal Council and other parliamentary documents have been received and written committee reports and minority reports submitted, copies of said documents shall be made and distributed to all Members of the Federal Council. Electronic copying and distribution shall be admissible if it is effected by electronic transmission of the respective documents to all Members of the Federal Council. An electronic signature may also be used for this purpose.
(2) Copying and distribution of documents may be dispensed with if the content of said documents is communicated to the Members in some other appropriate form. The President may after consultation with the Vice-Presidents order that documents shall not be copied and distributed, in which case the entire document shall be held at the disposal of Members in the Parliamentary Administration.
(3) Unless otherwise stipulated in the present Rules of Procedure information on projects of the European Union shall be provided in line with the provisions of Arts. 23e to 23j B-VG and the EU Information Act. Bills, documents, reports, items of information and communications on projects within the framework of the European Union which are either not classified or classified as “Restreint UE/EU Restricted” shall be collected and stored in the EU Database under § 1 (2) EU Information Act. Collection and storage shall count as distribution within the meaning of the Rules of Procedure.
(4) Bills, documents, reports, items of information and communications on projects within the framework of the European Union may be accessed by Members of the Federal Council subject to the provisions of the EU Information Act and the Information Rules Act.
(5) The handling and distribution of other bills, documents, reports, items of information and communications on projects of the European Union shall be governed by the Information Rules Act.
§ 19. Referral of Items of Business to Committees
(1) Immediately after receipt of items of business enumerated in § 16 (1) (a and c to g), the President shall refer said items of business to a committee.
(2) Following referral the chairperson of the committee shall charge a committee member to present said document to the Committee.
(3) As long as the Committee has not concluded its deliberations on an item of business, the plenary of the Federal Council may, upon the motion of a Member of the Federal Council, entrust another committee with further preliminary deliberations on said item of business. The President shall announce the motion before entry upon the agenda or after the agenda has been exhausted and shall at the same time indicate at what time in the course of the sitting s/he intends to put the motion to the vote.
§ 20. Bills (Decisions) Adopted by the National Council
(1) All bills (decisions) adopted by the National Council shall be communicated to the Federal Council by the President of the National Council.
(2) The provisions of paras (4) and (5) below notwithstanding, the Federal Council may enter a reasoned objection to a bill (decision) adopted by the National Council.
(3) Said objection shall be transmitted in writing to the National Council by the President of the Federal Council within eight weeks of receipt of said adopted bill (decision) by the Federal Council.
(4) Any amendments of Arts. 34 and 35 B-VG shall, in line with § 58 (2), require the approval of the Federal Council. Such approval by the Federal Council shall, in line with § 58 (3), also be required for National Council decisions on a federal constitutional law and constitutional provisions in simple laws by which the legislative or executive powers of the Federal Provinces would be curtailed, for State Treaties under Art. 50 (1) [2] B-VG and Art. 50 (2) [2] B-VG, decisions of the National Council under Art. 23i (1, 2, 3 first sentence, and 4) B-VG and Art. 23j (1) B-VG. Such approval shall also be required for bills adopted by the National Council that stipulate a time span of less than six months or more than one year for the adoption of implementation acts regarding matters governed by Art. 12 B-VG.
(5) With regard to bills adopted by the National Council concerning the Rules of Procedure of the National Council, the dissolution of the National Council, a Federal law making more detailed provisions regarding the preparation of the Draft Federal Framework Budget, the Federal Financial Act and other aspects of Federal budget management, a Federal financial framework act,a Federal financial act, a provisional budget in pursuance of Art. 51a (4) B-VG or dispositions over Federal assets, the assumption or conversion of Federal guarantees, the incurrence or conversion of Federal financial debts or the adoption of final budget accounts the Federal Council shall have no right of participation.
§ 21. Private Members' Motions
(1) Every Member of the Federal Council shall have the right to table private Members' motions calling for the Federal Council to exercise ist right to initiate legislative proposals or to take other decisions. Motions may be tabled in the course of a sitting or outside sittings.
(2) The motion shall contain the words "Der Bundesrat wolle beschließen" ("... that the Federal Council resolve ...") and the exact wording of the decision which the Federal Council is requested to take in accordance with the motion. Motions shall be submitted to the President in writing and shall bear the signature of the mover. Motions may also contain proposals concerning the committee to which they should be referred for preliminary deliberation.
(3) Private Members’ motions shall be supported by at least three Members of the Federal Council including the mover. Unless the motion has been signed by three Members, support shall be expressed by a show of hands in response to the President’s call for seconds.
(4) A private Member’s motion may be withdrawn by the mover by written notification of the President at any time up to commencement of voting in committee or, if no preliminary deliberation or vote has taken place in committee, up to the time the Federal Council has entered upon its consideration of the motion. Such withdrawal shall be announced to the Federal Council by the President at its next sitting, and written notice of withdrawal shall be copied and distributed in the same manner as the motion itself.
(5) If a committee fails to commence preliminary deliberations on a private Member’s motion within six months of referral, the mover may demand, during a further period of six months, that preliminary deliberation be commenced within ten weeks after his/her lodging said demand. Such demand shall be communicated in writing to the President, who shall inform the Federal Council and have the demand communicated to the committee chairperson.
(6) Private Members’ motions that contain legislative proposals and have been signed by at least one third of the Members of the Federal Council shall, in pursuance of Art. 41 (1) B-VG, be immediately transmitted by the President to the National Council for further treatment in accordance with the Rules of Procedure, if the sponsors so request.
§ 21a. Private Members' Motions to bring Action on grounds of Infringement of the Subsidiarity Principle
(1) Any Member of the Federal Council may, within the time allowed under Article 8 of the Protocol on the Application of the Principles of Subsidiarity and Proportionality, introduce a private Member's motion calling for bringing action before the Court of Justice of the European Union against a legislative act of the European Union on grounds of infringement of the subsidiarity principle.
(2) Said motion shall the formula “... that the Federal Council resolve ...“ and the wording of the action to be decided upon by the Federal Council. The action shall meet the requirements of the Statute and Rules of Procedure of the Court of Justice of the European Union. The motion shall indicate the time limit set for bringing action and shall be accompanied by the legislative act the rescission of which is being moved. The motion shall be submitted to the President in writing and shall bear the signature of the mover or movers. It shall clearly identify the mover(s).
(3) The provisions of § 21 (3 and 4) shall be applied mutatis mutandis.
(4) The President shall immediately after receipt refer motions for action under para (1) above to the Committee on EU Affairs, which shall without delay embark upon deliberations of the same.
(5) The decision to bring action under para (1) above shall be immediately transmitted to the Federal Chancellery and the President of the National Council.
§ 22. Modification or Withdrawal of Submissions of the Federal Government or its Members
The Federal Government or its members may, by communication in writing to the President, modify or withdraw their bills and other items of business at any time prior to commencement of voting in committee or, if no preliminary deliberation or voting has taken place in committee, prior to commencement of deliberations on the submission in the Federal Council. Said modification or withdrawal shall be communicated by the President to the Federal Council at its next sitting, and written notice of it shall be copied and distributed in the same manner, if any, as was used for distribution of the submission itself.
§ 23. Committee Motions
(1) Every committee shall have the right to present Committee Motions calling for the Federal Council to exercise its right to initiate legislation or to take other decisions, on condition that said motions are germane to the subject matter under deliberation in Committee, and to submit a report to this effect in accordance with § 32 (5).
(2) A Committee Motion can be modified or withdrawn at any time prior to commencement of deliberations in the Federal Council. Once a committee report has been copied and distributed, the President of the Federal Council shall, when seized of a notification of modification or withdrawal, communicate said modification or withdrawal to the Federal Council at its next sitting and have the notification by the committee copied and distributed in the same manner as was used for distribution of the committee report.
§ 24. Right of Interpellation and Resolution
(1) The Federal Council shall have the right to scrutinise the activities of the Federal Government, to question its members on all matters of execution and to demand all relevant information from them. This right pertains in particular to acts of government and matters of public administration or administrative acts on the part of the Federal Government in its capacity of holder of private rights.
(2) The Federal Council may give expression to its wishes regarding executive acts of the Federal Government in the form of resolutions.
§ 25. Petitions to the Federal Council
(1) In order for petitions to the Federal Council to become items of business, they shall be presented by a Member of the Federal Council. As a rule they shall be neither read nor printed but made available for inspection by all Members in the Parliamentary Administration.
(2) Depending on the subject matter in question, petitions presented by Members shall be referred by the President to committees set up for the purpose of deliberating kindred issues preliminarily.
(3) Petitions on which committees have failed to report within six months of referral shall be transmitted by the President to the competent member of the Federal Government for appropriate action.
§ 26. Referendum on and Plea of Unconstitutionality of a Federal Law
(1) In pursuance of Art. 44 (3) B-VG a bill (decision) adopted by the National Council concerning a partial amendment of federal constitutional law shall be submitted to a referendum upon conclusion of the procedure pursuant to Art. 42 B-VG but before its authentication by the Federal President if at least one third of the Members of the Federal Council so demand. Any request to that effect presented to the President in writing and duly signed by the Members of the Federal Council sponsoring it shall be transmitted to the Federal Chancellor without delay.
(2) In pursuance of Art. 140 (1) B-VG, one third of the Members of the Federal Council may demand that a Federal Law in toto or certain passages thereof be declared null and void by the Constitutional Court as being unconstitutional. The demand shall set forth in detail the objections speaking against the constitutionality of the Federal Law in question and shall be presented, duly signed by the Members of the Federal Council sponsoring it, to the President of the Federal Council for further action in accordance with the Constitution. The movers shall also appoint one or more authorised persons who shall represent them in the proceedings before the Constitutional Court.
§ 27. Official language
(1) The only official language of the Federal Council and its committees shall be German.
(2) Whenever personalities of European and international political life attend sittings in accordance with § 38a, the President may, after consultation with the President’s Conference, suspend the provision of para (1) above.
IV. Committee Sittings
§ 28. Constituent Meeting and Organs of Committees
(1) A committee shall be convened by the President of the Federal Council for its constituent meeting. It shall also be convened when the offices of its chairperson and deputy chairpersons have fallen vacant. Up to the time that a chairperson has been elected, committee deliberations shall be chaired by the President of the Federal Council.
(2) Each committee shall elect a chairperson and as many deputy chairpersons and secretaries as are deemed necessary. If the secretaries are prevented from exercising their functions a secretary shall be elected for the sitting in question.
(3) It shall be incumbent on the chairperson to ensure that the committee duly accomplishes its tasks and that its business is transacted without undue delay. S/he shall implement the Rules of Procedure and ensure their respect. S/he shall convene the committee, open and close its sittings and chair them and preside over its proceedings. S/he may at any time, and especially in case of any disturbance or interference, suspend the sitting.
(4) If the chairperson and deputy chairpersons are prevented from attending a committee sitting the oldest attending Member of the committee who belongs to a Parliamentary Group to which the chairperson or the deputy chairpersons belong shall chair the sitting.
§ 29. Participation of Members of the Federal Government in Committee Proceedings
(1) The members of the Federal Government and State Secretaries shall have the right to participate in all committee proceedings.
(2) The members of the Federal Government and State Secretaries may have themselves accompanied or represented by experts from their respective spheres of responsibility unless it is decided in pursuance of § 30 (5) that persons who are neither Members of the Federal Council nor members of the Federal Government or State Secretaries shall be excluded from a committee sitting or parts thereof.
(3) The Committees may decide to require the presence of members of the Federal Government at their deliberations.
(4) Committees may also decide to require the presence at the Committee sittings of the head of an independent organ as defined in Art. 20 (2) BV-G and to query him/her on all matters pertaining to the administration of affairs.
(5) Members of the Federal Government and State Secretaries shall at their request be given the floor at any time during the debate on an item of business, but they must not interrupt speakers holding the floor. The State Secretaries shall have this right in the absence of the Government Members to whom they are attached or whose responsibilities they discharge under Art. 78 (2) B-VG or, in the presence of said Government Members, with the approval of the latter.
§ 29a. Participation of the Members of the Ombudsman Board in Committee Deliberations on their Activity Report
(1) The members of the Ombudsman Board may participate in committee deliberations on their activity report and be on these occasions accompanied or represented by staff members of the Ombudsman Board's Office, unless it is decided that persons who are neither Members of the Federal Council nor members of the Federal Government, State Secretaries or members of the Ombudsman Board shall be excluded from a committee sitting or parts thereof.
(2) The members of the Ombudsman Board shall at their request be given the floor at any time in the course of the debate, but they must not interrupt speakers holding the floor.
§ 30. Participation of Non-members in Committee Deliberations
(1) Every Member of the Federal Council shall have the right to attend as an observer the deliberations of committees of which s/he is not a member.
(2) Every committee shall be free to grant Members of the Federal Council who are not members of said committee the right to participate in the deliberations in an advisory capacity. The Presidents and the chairpersons of Parliamentary Groups shall have the right to attend any committee deliberations in an advisory capacity.
(3) Members of the National Council shall have the right to attend committee deliberations in their capacity as observers.
(4) Persons other than the Members of the Federal Council, the members of the Federal Government and State Secretaries may only attend sittings of committees with the approval (on the instruction) of the President of the Federal Council and/or the competent member of the Federal Government.
(5) Every committee may hold sittings or parts thereof from which persons who are neither Members of the Federal Council nor members of the Federal Government or State Secretaries are excluded.
§ 31. Confidentiality and Secrecy of Committee Deliberations
(1) Committee deliberations shall not be open to the public. Sound, film and video recordings as well as the taking of photographs shall not be permitted. Committees may decide whether and to what extent their deliberations and/or decisions shall be confidential or secret. When a committee uses classified information of levels 1 and 2 as defined in the Information Rules Act, its deliberations and proceedings shall in any case be confidential. When a committee uses classified information of levels 3 and 4 as defined in the Information Rules Act, its deliberations shall be secret.
(2) A committee may also decide to exclude from its confidential or secret deliberations Members of the Federal Council not members of said committee, other than the Presidents and Parliamentary Group chairpersons; such decision shall require a majority of at least two thirds of the committee members present.
(3) The decision to keep deliberations confidential or secret shall be binding on all persons attending the deliberations.
(4) Confidential or secret sittings may be attended only by persons who are members of the committee or authorised to access information of the respective classification level under § 16 Information Rules Act or who have the right to attend committee sittings pursuant to § 29 (1 and 2) or § 30 (2). Other persons may be admitted if the committee so decides. They shall be informed by the committee chairperson of their duty to keep confidentiality and of the consequences of disclosure of protected information.
(5) The committee chairperson shall decide to what extent records shall be made of committee proceedings dealing with classified information under (1) above. The President shall provide for the safekeeping of the records.
§ 32. Consideration of Business in the Committees
(1) Committees shall be deemed to have a quorum if more than half of their members are present. Unless otherwise stipulated in the Rules of Procedure, committee decisions shall require a majority of the votes cast. In case of a tie the motion (proposal) shall be lost. The chairperson shall suspend the meeting when voting or an election cannot take place for lack of a quorum.
(2) Consideration of business in committee shall be governed, mutatis mutandis, by the following provisions:
a) §§ 39 and 41 (2 and 3) for convening the committee and establishing or modifying its agenda;
b) §§ 46 and 47 (1, 2 and 7) for the debate on an item of business, subject to the provision that speakers shall – irrespective of their position on the question under discussion – be recognised in the order in which they have asked for the floor;
c) § 50 (1, 2, 3 and 5) for motions to close the debate, subject to the provision that once a motion has been carried all members who have already asked for the floor shall have the right to speak;
d) § 48 for factual corrections;
e) §§ 43 and 43a for motions on, or relating to, the item of business, subject to the provision that such motions shall require no seconds;
f) § 49 for procedural motions and requests for the floor on procedural matters;
g) § 51 for postponement of deliberations and considering a matter lapsed;
h) § 53 (1, 2, 4 and 5) for the exercise of the right to vote;
i) § 54 (1 to 3 and 6) as well as § 55 (1 to 5 as well as 8 and 9) for voting, subject to the provision that voting shall be by name if at least one quarter of the number of committee members determined by the Federal Council so demand and that the Official Record of the committee shall in such a case reflect who has voted “Yes” and who “No”;
j) §§ 56 and 57 for the holding of elections, subject to the provision that nominations shall require no seconds;
k) §§ 68 to 71 for provisions regarding Order in the House.
(3) Consideration of business shall be opened by the rapporteur; in the absence of the appointed rapporteur, the chairperson shall ask another committee member to present the report.
(4) Upon the chairperson’s proposal or following a motion by a committee member the committee may decide, with a majority of at least two thirds of the members present, that for the purposes of the debate or, if the debate is held in parts, of each part thereof the speaking time allowed to each member shall be limited. Unless otherwise stipulated in the Rules of Procedure, speaking time shall, however, not be limited to less than 15 minutes.
(5) Once consideration of an item of business has been concluded the committee shall elect a rapporteur to the Federal Council, who shall summarise in writing the results of the deliberations in committee and in particular the decisions taken in committee. Said report shall be signed by the chairperson and the rapporteur and presented to the President of the Federal Council.
(6) Likewise, if no decision on a motion to be submitted to the Federal Council has been achieved on account of a tie, a rapporteur shall be elected who shall merely report on the course of deliberations. If a Private Members' Motion is rejected by a majority of votes, an analogous report shall be submitted to the Federal Council if at least three committee members so demand. If the committee fails to elect a rapporteur, the report shall be presented by the committee chairperson.
(7) As long as the report has not been presented to the President, the committee may change its decisions at any time. Moreover, a Committee Motion may be modified or withdrawn at any time before the Federal Council has embarked on its deliberation. The number of votes by which a decision is modified shall not be smaller than the number of votes by which the decision now to be modified was first taken. If the number of votes by which the decision was originally taken can no longer be established, a majority of at least two thirds of the committee members present shall be required for modifying the decision.
(8) A minority of at least three committee members shall have the right to attach to the committee report to the Federal Council a separate report in writing. This minority report shall be presented to the President in time to ensure that it can be considered at the same time as the committee report. The President shall order that the minority report be copied and distributed to the Members of the Federal Council, with the proviso that the minority report shall be attached to the committee report if the 24-hour time limit for the distribution of committee reports in pursuance of § 44 (2) can be complied with. Oral presentation of a minority report to the Federal Council shall not be permitted.
§ 33. Investigations and Summonses of Experts or other Informants
(1) The Committees may, through the President, ask members of the Federal Government to initiate investigations or summon experts or other informants to provide information orally or in writing.
(2) If an expert or other informant fails to comply with the summons, s/he may be brought before the Committee by the competent authority.
(3) Experts or other informants invited to appear before the 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 Federal Council shall be entitled to reimbursement of their costs. In such cases the provisions governing travel expenses of federal civil servants shall be applied mutatis mutandis.
(4) In connection with preliminary deliberations on an item of business the Committee chairperson may, with the approval of the President, invite the Committee members to visit the relevant locations within the federal territory.
§ 34. Official Records and Summary Records of Committees
(1) Official records shall be kept of all committee sittings and signed by the chairperson and one secretary. The records shall be kept by staff of the Parliamentary Administration, or the committees may decide to entrust the keeping of records to a committee secretary.
(2) The records shall contain: the items of business deliberated on, the motions (proposals) made in the course of the sitting, the manner in which they have been disposed of, the results of votes and the decisions taken.
(3) The records shall be accompanied by an attendance list as well as notifications, if any, of committee members being absent and replaced by Members other than substitute members. Originals or copies of any documents that the chairperson has brought to the notice of members in the course of the meeting and written statements of participants regarding the item of business in hand that have been presented to the chairperson shall be annexed to the records.
(4) In exceptional cases the Committee chairperson may ask the President to instruct Parliamentary Administration staff to take down summary records of the proceedings. At the request of a committee member, brief specific statements shall be reported verbatim in said records. The summary record shall be annexed to the Official Records of the committee sitting and copies distributed to the Parliamentary Groups.
(5) Records and summary records shall be deemed approved if no objection has been raised with the chairperson by the time the next sitting begins. The chairperson shall rule on any objections made and inform the committee members of his/her ruling at the next sitting.
(6) The President shall direct communications concerning the activities of the committees to be published. The committees themselves may, however, of their own accord transmit to the Parliamentary Administration texts (communiqués) signed by the chairperson and one secretary for publication.
V. Sittings of the Federal Council
§ 35. Venue
The Federal Council shall be convened by its President at the venue of the National Council.
§ 36. Public Deliberations of the Federal Council and Deliberations in camera
(1) The deliberations of the Plenary of the Federal Council shall be open to the public.
(2) The public shall be excluded if the Plenary of the Federal Council so decides upon proposal by the President or a motion submitted by at least one fifth of the Members present. The public shall leave the meeting hall before said proposal is debated or voted on.
(3) The Federal Council may decide whether and in how far its deliberations in camera and its decisions shall be treated as confidential. Said decision shall be binding on all persons participating in the deliberations.
§ 37. Participation of Members of the Federal Government in Deliberations of the Federal Council
(1) The members of the Federal Government and the State Secretaries shall have the right to participate in all deliberations of the Federal Council.
(2) The Federal Council may decide to require the presence of members of the Federal Government.
(3) In the course of debate, the members of the Federal Government and State Secretaries shall, at their request, be given the floor on the item of business in hand at any time, subject to the provision that they do not interrupt the speaker holding the floor. State Secretaries shall have this right in the absence of the Government Members to whom they are attached or whose responsibilities they discharge under Article 78 (2) B-VG or, in their presence, with the approval of the latter. Moreover, members of the Federal Government and State Secretaries may, in accordance with the provisions of §§ 47 (7) und 50 (5), ask for the floor even after the end of the debate or after a motion for closure of debate has been carried. In such cases the debate shall be deemed re-opened.
(4) In the course of the sittings of the Federal Council the members of the Federal Government shall also have the right to make oral statements on subjects not part of the item of business in hand. In such a case, the member of the Federal Government shall, if feasible, inform the President of his/her intention prior to the beginning of the sitting. The President shall then notify the Federal Council and announce at the same time at what point in the course of the sitting s/he intends to give the floor to the member of the Federal Government. If an objection is made to that point in time and the President fails to take said objection into account, the Federal Council shall decide without debate.
(5) Oral statements in pursuance of para (4) above shall be debated if at least five Members of the Federal Council so demand in writing. If objections are raised to the proposed time for the debate, such objections shall be decided upon by the Federal Council. The debate shall not be postponed beyond the end of the next sitting.
§ 37a. Participation of the Members of the Ombudsman Board in Deliberations in the Federal Council on their Activity Report
(1) The members of the Ombudsman Board shall have the right to participate in the deliberations of the Federal Council on their Activity Report.
(2) In the course of debate, the members of the Ombudsman Board shall, at their request, be given the floor at any time, but subject to the provision that they do not interrupt the speaker holding the floor. They may also, in accordance with the provisions of §§ 47 (7) und 50 (5), ask for the floor even after the end of the debate or after a motion for closure of debate has been carried. In such cases the debate shall be deemed re-opened.
§ 38. Participation of Provincial Governors in the Deliberations of the Federal Council
(1) The Provincial Governors shall have the right to participate in all deliberations of the Federal Council.
(2) In the course of debate, the Provincial Governors shall, at their request, be given the floor at any time on items of business that may affect the provinces in general or their respective province in particular, subject to the provision that they do not interrupt the speaker holding the floor. If the item of business in hand affects only one province, the right to speak shall be limited to the Provincial Governor of that province. Moreover, Provincial Governors may, in accordance with the provisions of §§ 47 (7) and 50 (5), ask for the floor even after the end of the debate or after a motion for closure of the debate has been carried. In such cases the debate shall be deemed re-opened.
(3) In the course of the sittings of the Federal Council the Provincial Governors shall also have the right to make oral statements on matters concerning their province that are not part of the item of business in hand. In such a case, the Provincial Governors shall, if feasible, inform the President of their intention prior to the beginning of the sitting. The President shall then notify the Federal Council and announce at the same time at what point in the course of the sitting s/he intends to give the floor to the Provincial Governors. If an objection is made to that point in time and the President fails to take said objection into account, the Federal Council shall decide without debate.
(4) Oral statements in pursuance of para (3) above shall be debated if at least five Members of the Federal Council, or the Federal Council Members of one province, so demand in writing. If objections are made to the proposed time for the debate, such objections shall be decided upon by the Federal Council. The debate shall not be postponed beyond the end of the next sitting.
§ 38a. Participation of Personalities of European and International Political Life in the Deliberations of the Federal Council
After consultation with the President’s Conference, the President may invite outstanding personalities of European and international political life to make a statement about a specific subject in the course of a sitting of the Federal Council. As a rule, this statement will be followed by a debate, the form and duration of which will also be determined by the President after consultation with the President’s Conference. No motions may be moved in the course of the debate, nor may any factual corrections be made.
§ 38b. Participation of Members of the European Parliament elected in Austria in the Deliberations of the Federal Council and its Committees
Without prejudice to § 13b (4), the President may, after consultation with the President’s Conference, allow the Members of the European Parliament elected in Austria to take the floor in any deliberations of the Federal Council or its committees that are devoted to the consideration of EU topics and determine the duration and form of the exercise of their right to speak.
§ 39. Convocation of the Federal Council and Drafting of its Agenda
(1) As a rule, the President shall announce at the end of each sitting the date and hour and, if possible, the agenda of the next sitting. This announcement can take the form of reference to a written communication that is distributed in the meeting hall. If objections are made and the President fails to take said objections into account, the Federal Council shall decide. If a debate on said objections is demanded, all objections shall be dealt with jointly, and the President may limit speaking time to not less than five minutes per Member. If none of the objections is adopted by simple majority, the President’s original proposal shall stand.
(2) If the Federal Council has not been convened for its next sitting at the end of a sitting, the President shall determine the date, hour and agenda of the next meeting after consultation with the President’s Conference. If a sitting has been suspended for an indefinite period, the President shall determine the date and hour of the resumption of the sitting in the same manner.
(3) The President shall also have the right, up to 24 hours prior to the commencement of the sitting, to add to the agenda items of business the preliminary deliberation on which has been concluded or, in case no agenda has as yet been determined, to place such items of business on the agenda.
(4) Objections to the determination of (or addition to) the agenda by the President in pursuance of paras (2) and (3) above can be raised after the opening of the sitting up to the time the agenda is embarked upon. In such cases, the provisions of para (1) above shall apply mutatis mutandis.
(5) Every convocation of the Federal Council (resumption of a sitting suspended for an indefinite period) and every determination of (addition to) the agenda shall be communicated to all Members of the Federal Council in writing. Electronic communication in accordance with § 18 (1) shall be admissible. In addition, the Parliamentary Groups shall be notified. In exceptional cases, said notification may be deposited in the offices of the Parliamentary Groups or communicated in any other suitable manner (such as via the press, radio or other media).
§ 40. Immediate Convocation of the Federal Council
(1) The President shall convene the Federal Council immediately if at least one quarter of its Members or the Federal Government so demand in writing. Unless otherwise stipulated in the Rules of Procedure, the movers may demand that certain items of business be placed on the agenda.
(2) The convocation shall be made in such manner that the Federal Council can meet, at the latest, within five days of receipt of said demand by the President.
(3) Objections to the agenda of a sitting convened in pursuance of para (1) above may be raised after the opening of the sitting up to the time that the agenda is embarked on. In such cases the provisions of § 39 (1) shall apply mutatis mutandis.
(4) The date, hour and agenda of a sitting convened for a later date shall not be affected by a demand for immediate convocation of the Federal Council, unless the Federal Council decides otherwise. Such decision shall require a majority of at least two thirds of the Members present.
§ 41. Opening of the Sitting and Modification of the Agenda
(1) The President shall open the sitting at the appointed hour irrespective of the number of Members present and shall make the communications s/he deems appropriate. In particular, s/he shall announce apologies for absence on the part of Members and indicate the individuals who deputise for members of the Federal Government who are prevented from attending (Art. 73 B-VG). The President may also make communications at any other time in the course of the sitting.
(2) Before the agenda is embarked upon, the President may change the order of items of business on the agenda. If there is any objection to this ruling and the President fails to take said objection into account, the Federal Council shall decide the issue without debate.
(3) Upon proposal by the President or upon a motion tabled by a Member, the plenary of the Federal Council may, before the agenda is embarked upon, and the provisions of § 39 (4) notwithstanding, decide by a two-thirds majority of the Members present that an item of business be removed from the agenda or that an item of business not on the agenda be deliberated upon.
(4) The President shall announce the entry upon the agenda.
§ 42. Question Time and Debate on Matters of Topical Interest
(1) Each sitting of the Federal Council shall begin either with Question Time or with a debate on matters of topical interest. The sequence and any exceptions shall be determined by the President after consultation with the President’s Conference.
(2) The debate on matters of topical interest shall serve to discuss subjects of general topical interest with the competent Member of the Federal Government, the State Secretary attached to him/her or discharging his/her responsibilities under Art. 78 (2) B-VG. It may also be devoted to a discussion of subjects of general topical interest that lie within the competence of the European Union.
(3) As a rule, Question Time and the debate on matters of topical interest shall not exceed 60 minutes. The President may, after consultation with the Vice-Presidents, extend the duration to a maximum of 120 minutes.
(4) The President shall after consultation in the President’s Conference determine the order in which speakers are given the floor and the time allotted to them.
§ 43. Motions on or relating to Items of Business
(1) Motions to object or not to object, motions to amend and motions for a resolution giving expression to the Federal Council’s wishes regarding executive acts of the Federal Government (§ 24 (2)) may be tabled by any Member as soon as deliberations on the item of business in question have been embarked upon. Motions to object shall be accompanied by a statement of reasons.
(2) Said motions shall be submitted to the President in writing and duly signed by the mover. They shall be considered if they are seconded by at least three Members including the mover. Seconds shall take the form of signatures of the seconders on the motion or a show of hands in response to the President’s call for seconds.
(3) Motions to amend and motions for a resolution giving expression to the Federal Council’s wishes regarding executive acts of the Federal Government can only be made if they are germane to the item of business in hand. Objections as to the germaneness of such motions shall be decided by a ruling on the part of the President.
(4) Motions pursuant to para (1) above shall as a rule be read out by a speaker. In exceptional cases the President may order them to be read by a secretary. If motions under para (1) above go into considerable detail, the President may, in the interest of expediting deliberations, order copies of the motion to be made and distributed to the Members of the Federal Council on condition that one of the Members signatories of said motion has elucidated the central points of it. The motions in question shall be annexed to the Stenographic Records.
(5) Motions to amend motions pursuant to para (1) above shall not be permitted.
(6) Motions pursuant to para (1) above may be withdrawn by the mover at any time prior to closure of debate on the item of business in question.
§ 43a. [Motions on a Project under Art. 23e B-VG]
(1) Once debate on a project under Art. 23e B-VG has been opened, a minimum of three Members of the Federal Council may table motions in writing calling for opinions, reasoned opinions and communications. The provisions of § 43 (2 to 4 and 6) shall apply mutatis mutandis.
(2) § 43 shall apply mutatis mutandis to debates on Private Members’ motions calling for an action on grounds of an infringement of the subsidiarity principle under § 21a.
§ 44. Deliberations on Items of Business
(1) Deliberations on an item of business in the Federal Council shall, unless otherwise stipulated in the Rules of Procedure, consist of reporting, debate and voting.
(2) Deliberations in the Federal Council on items of business referred to a committee for preliminary deliberation shall as a rule not commence earlier than 24 hours after the committee report has been distributed.
(3) Upon the President’s proposal the Federal Council may decide by a majority of at least two thirds of its Members present, to waive the copying and distribution of the committee report or compliance with the 24-hour rule pursuant to para (2) above.
§ 45. Reporting
(1) Unless otherwise stipulated in the Rules of Procedure, deliberations on an item of business shall commence with the presentation of a report.
(2) If the committee has failed to elect a rapporteur to the Federal Council or if the rapporteur elected by the committee is prevented from reporting, the report shall be presented by the committee chairperson. If said chairperson is also prevented, or if no preliminary deliberation has taken place, the President shall appoint a rapporteur.
(3) Upon the President’s proposal or upon a motion tabled by a Member, the plenary of the Federal Council may at any time set a deadline within which a committee shall submit its report on an item of business referred to it for preliminary deliberation. Such proposal or motion shall be notified to the Members before entry upon the agenda. The vote on such proposal or motion shall take place once the agenda has been exhausted.
(4) The plenary of the Federal Council may extend the deadline set for a committee to complete preliminary deliberation at any time prior to the expiry of that deadline. Para (3) above shall apply mutatis mutandis.
(5) After the expiry of the deadline set for a committee to present its report, deliberations on the item of business in question shall commence during the first sitting following expiry, even if a written committee report is not available.
(6) If a division of debate (§ 46 (2)) is envisaged, the President may rule that the report be presented in separate parts. If an objection is raised and not accepted by the President, the Federal Council shall decide the issue without debate.
§ 46. Organisation of the Debate
(1) Before entry upon the agenda the President may rule that several items of business be debated jointly. If an objection is raised and not accepted by the President, the plenary of the Federal Council shall decide the issue without debate.
(2) Up to the commencement of deliberations on an item of business the President may rule that debate be divided into parts. If an objection is raised and the President fails to accept it, the plenary of the Federal Council shall decide the issue without debate.
§ 47. Debate, Order in which Speakers are Given the Floor
(1) Requests for the floor shall be communicated to a staff member of the Parliamentary Administration appointed for this purpose by the President. To the extent the item of business in hand permits, the Member requesting the floor shall indicate whether s/he intends to speak “for” or “against” the issue. In the case of Members of the Federal Council who belong to a Parliamentary Group, the request for the floor shall as a rule be made by a Member appointed by that Parliamentary Group. Requests for the floor may be made at any time after the opening of the sitting.
(2) The Members that have claimed the floor shall be recognised in the order in which they have announced their intention, the first intervention being that of a speaker "against", following which speakers "for" and "against" shall speak in alternate succession. If two or more speakers "for" or speakers "against" announce their intention to speak at the same time, the President shall determine the order in which they are given the floor. In so doing s/he shall consider the relative strengths of the individual Parliamentary Groups, respecting the principle of alternation between speakers expected to hold different views. The President shall also recognise speakers in accordance with these principles if a distinction between speakers “for” and “against” cannot be made.
(3) Each Member shall not speak more than twice during each debate (or part thereof).
(4) Members who are not present when they are recognised shall lose their right to speak.
(5) The Federal Council may decide that the speaking time allotted to each speaker in the course of a debate (or part thereof) shall not exceed a certain limit. Unless otherwise stipulated in the Rules of Procedure, speaking time shall however not be limited to less than 20 minutes for each request for the floor. The Federal Council shall decide without debate.
(6) If the President or a Vice-President intends to take the floor on an item of business, s/he should, if feasible, not be in the chair at the time said item of business is deliberated on.
(7) The President shall rule the debate closed. This ruling can only be made once the question whether there are any further requests for the floor is not answered in the affirmative. Members who wish to ask for the floor at this point may do so from their seats. Once the President has ruled the debate closed, no further requests for the floor are permitted in connection with the item of business in hand. The rapporteur shall be given the floor for his/her final statement if s/he so requests. If subsequently a member of the Federal Government or, in pursuance of § 37 (3), a State Secretary, a Provincial Governor or a member of the Ombudsman Board asks for the floor, the debate on the item of business in hand shall be deemed re-opened.
(8) The President may, after consultation with the President’s Conference, change the order in which speakers are given the floor. Such changes in the order of speaking shall be noted in the Official Records.
§ 48. Factual Correction
(1) If a Member rises in the course of a debate in order to make a factual correction the President shall, as a rule, give him/her the floor immediately but without interrupting a speaker, or at the latest prior to entry upon the voting procedure on the item of business in question.
(2) A factual correction shall not exceed a duration of five minutes.
(3) A rejoinder in response to a factual correction may be made only if it relates to a matter personally affecting the Member requesting the floor. It shall not exceed a duration of five minutes. Regarding recognition of the Member rising, para (1) above shall apply mutatis mutandis.
(4) Upon request the President may in exceptional cases extend the time allotted for a factual correction or the rejoinder thereto.
§ 49. Procedural Motions and Requests for the Floor on Procedural Matters
(1) Unless otherwise stipulated in the Rules of Procedure, procedural motions, oral or in writing, may be tabled by Members at any time without interruption of the Member holding the floor. They shall require no seconds, and the President shall put them to the vote without delay unless a debate is to be held pursuant to para (3) below.
(2) If a Member takes the floor on a procedural matter without him/herself tabling a motion, the President shall have the right to give him/her the floor only after the agenda has been exhausted.
(3) Upon proposal by the President or upon a motion tabled by a Member, the Federal Council may decide to hold a debate. For the purposes of this debate the President may limit the speaking time of Members, the minimum time allowed each Member being five minutes. Regarding the order in which Members are given the floor, § 47 (1) to (4) and (7) shall apply mutatis mutandis; however, requests for the floor may also be made by the Member from his/her seat.
§ 50. Motion to Close Debate
(1) After at least four Members in addition to the rapporteur have spoken on the item of business in hand, a motion to close debate may be made at any time on condition that the Member holding the floor is not interrupted. The President shall put any such motion to the vote immediately without debate.
(2) If the motion to close debate is carried, the speakers inscribed on the list of speakers (§ 47) shall not be given the floor, but each Parliamentary Group shall have the right to nominate one further speaker.
(3) Members of the Federal Council who intend to table motions on, or relating to, the item of business in hand may submit their motions to the President immediately after the motion to close debate has been carried, whereupon the President shall communicate said motion(s) and ask for seconds if the number of seconds thereto is not sufficient.
(4) Once a motion to close debate has been carried, the floor may only be requested by the speakers nominated pursuant to para (2) above, the rapporteur and, in the case of a private Member’s motion, the mover.
(5) If after the adoption of a motion to close debate a member of the Federal Government or, pursuant to § 37 (3), a State Secretary or a Provincial Governor or a member of the Ombudsman Board asks for the floor, the debate on the item of business in hand shall be deemed re-opened.
§ 51. Motions to Postpone Decision on an Item of Business
(1) Upon proposal by the President or upon a motion tabled by a Member the plenary of the Federal Council may decide to postpone deliberation on the item of business in hand or to consider the matter lapsed. If deliberation is postponed, the matter may be referred to a committee for preliminary deliberation. If the matter is considered lapsed, the Federal Council may choose to state a reason.
(2) A vote on a proposal or motion pursuant to para (1) above shall be taken immediately unless a report or debate on the item of business in hand is called for. If a motion to adjourn deliberation or to consider the matter lapsed is made in the course of the debate on the item of business, such motion shall only be put to the vote after the end of debate.
§ 52. Where Members Speak From
(1) The rapporteurs, secretaries and Members who have asked for the floor shall speak from the rostrums provided for them. On procedural matters as well as in special cases in which the President allows them to do so, Members may speak from their seats. In the course of Question Time, supplementary questions may be put by Members from seats designated for this purpose.
(2) The members of the Federal Government, State Secretaries, Provincial Governors and members of the Ombudsman Board shall, if they are given the floor in their respective capacities, speak from the Government bench.
§ 53. Exercising the Right to Vote
(1) All Members shall vote in person.
(2) Voting shall be confined to the Member signifying his/her approval or disapproval of the motion (proposal) without any explanatory statement.
(3) As a rule, the President shall not participate in the vote. S/he may, however, before announcing the result of a vote, participate in the same by an oral statement. S/he shall be free to vote or not to vote in a secret ballot and in elections.
(4) Para (3) above notwithstanding, Members present shall not have the right to abstain. (5) A Member not present in his/her seat on the occasion of a vote (election) shall not be permitted to vote thereafter. In cases requiring special consideration, the President may, prior to the voting, permit Members who are present in the hall but not in their seats to participate in the vote.
§ 54. Voting
(1) Voting on a motion (proposal) shall, as a rule, be by a show of hands or by the Members rising when requested by the President.
(2) Prior to entry upon the voting procedure, any Member may demand that the President, when announcing the result of the vote, also state the number of votes “for” and “against”.
(3) The President may, of his/her own accord or in order to clarify the result of a vote, order that the voting be by name. Voting shall also be by name if demanded by at least five Members prior to entry upon the voting procedure. Seconds shall take the form of the seconders signing their names to the demand or by a show of hands in response to the President’s call for seconds. Voting by name upon the President’s order or following a demand on the part of Members shall only be permitted in the absence of a decision to vote by secret ballot (para (4) below).
(4) Upon proposal by the President or upon a motion in writing tabled by at least five Members, the Federal Council may, after closure of the debate, decide to proceed to a secret ballot. Said proposal or motion shall be announced by the President at the latest prior to entry upon the voting procedure.
(5) If voting by name is ordered or demanded with regard to a particular matter, voting by secret ballot on the same matter shall not be permitted.
(6) Any Member may demand prior to entry upon the voting procedure that separate votes be taken on certain parts of a motion (proposal).
§ 55. Voting Procedure
(1) The President shall announce entry upon the voting procedure and, in so doing, indicate clearly the subject matter on which the vote is to be taken.
(2) Motions aiming at postponing decision on an item of business to be put to the vote shall have priority over all other motions. Motions to amend shall as a rule be voted upon before the vote on the main motion, and the more extensive ones before the other amendments. Motions for a resolution giving expression to the Federal Council’s wishes regarding executive acts of the Federal Government (§ 24 (2)) related to an item of business shall be voted on after a vote, if intended, on the item of business in hand has been taken.
(3) If several motions have been tabled on one and the same subject, the President shall announce in what order he intends to put them to the vote. S/he shall choose the order in such a way as to reflect the true sense of the majority of the Federal Council. S/he shall be free to precede the ballot by a vote on a matter of principle so as to simplify voting, to clarify the result of a vote or to avoid unnecessary ballots.
(4) If a Member raises an objection to the form of voting envisaged by the President and the President fails to accept said objection, the Federal Council shall decide. If requested, the vote shall be preceded by a debate.
(5) If voting is by name, the Members shall, upon order of the President, be called by the secretary in alphabetical order. Voting is viva voce, the Members responding by “yes” or “no”. The names of the Members who have taken part in the voting shall be recorded in the Stenographic Record, which shall also show whether they have voted affirmatively or in the negative.
(6) After consultation with the Vice-Presidents, the President may order that voting by name take place by the casting of ballots. Said ballots shall carry the imprint “Yes” or “No” as well as the name of the Member of the Federal Council and shall be printed in two different colours depending on whether their imprint is “Yes” or “No”. Each Member of the Federal Council shall place his/her ballot in one and the same ballot box and the number of those voting shall be counted. Members not present when their name is called are not allowed to cast their votes sub-sequently. Once the casting of ballots has been ended the secretaries shall count the votes in the presence of the President. If the number of ballots cast is different from the number of members that have participated in the vote, the voting shall be repeated if the numerical difference might have an influence on the acceptance or rejection of a motion (proposal). The names of the Members of the Federal Council that have participated in the vote as well as their vote (“Yes” or “No”) shall be noted in the Stenographic Records.
(7) If voting is by secret ballot, the Members shall, upon order of the President, be called by the secretary in alphabetical order to cast their votes. This shall be done by means of ballots. Printed ballots bearing the words “Yes” or “No” shall be placed in a ballot box. Once all the Members have voted, the secretaries shall proceed to count the votes in the presence of the President. In the case of a difference between the number of ballots cast and the number of Members who have participated in the vote, the voting shall be repeated if the difference is such that it might have a bearing on a motion (proposal) being adopted or rejected. Invalid ballots shall be counted as negative votes.
(8) Once voting has been completed and the votes have been counted, the President shall announce the result.
(9) If a vote cannot be taken because of the absence of a quorum the President shall suspend the meeting.
§ 56. Elections
(1) Elections shall take place by means of ballots and shall, unless explicitly provided otherwise, be decided by an absolute majority of the votes cast. If only one (list of) candidate(s) is presented and voting by ballot is not demanded, voting shall be by a show of hands or by the Members rising.
(2) Nominations of candidates or lists of candidates shall be duly signed by the mover and presented to the President in writing prior to entry upon voting at the latest and communicated by the President to the Federal Council. The provisions of para (6) below notwithstanding, they shall be seconded by at least three Members including the mover. Seconds shall take the form of signatures of the seconders on the motion or a show of hands in response to the President’s call for seconds.
(3) If no absolute majority of the votes cast is achieved during the first ballot, a second ballot shall be held in the same manner.
(4) If the second ballot also fails to produce an absolute majority of the votes cast, there shall be a third ballot based on a short list, in which voting is by means of ballots.
(5) For the purposes of the second or third (short-list) ballot the mover may withdraw names of candidates and replace them with others.
(6) To the extent that the Rules of Procedure stipulate the principle of proportional representation, the decision shall be by a majority of valid votes cast. Lists of candidates governed by this principle shall require the support of more than half of those Members who have the right to propose candidates. No Member shall sign more than one list of candidates.
§ 57. Election Procedure
(1) The President shall announce the entry upon the election procedure and indicate clearly the (lists of) candidates to be put to the vote.
(2) A debate on the (lists of) candidates shall take place if at least five Members so demand in writing.
(3) The President may indicate in which form the (lists of) candidates for whom the Member wishes to vote are to be designated on the ballot. If voting takes place by means of ballots the President shall order the secretary to call the Members in alphabetical order, who shall place their ballots in the ballot box. Once all the Members have voted, the secretaries shall proceed to count the votes in the presence of the President. In the case of a difference between the number of ballots cast and the number of Members who have participated in the vote, the voting shall be repeated if the difference is such that it might have a bearing on a candidate or list of candidates being adopted or rejected.
(4) Ballots shall be deemed valid if they clearly reflect the intention of the voter and bear the name(s) of (an) eligible candidate(s), the lists of proposed candidates notwithstanding. However, in the case of elections governed by the principle of proportional representation, votes can only be validly cast for a candidate or candidates pursuant to § 56 (6).
(5) The short-listed ballot shall only contain, as a maximum, twice as many candidates as corresponds to the number of persons to be elected and these shall be those candidates who have received the most votes in the second ballot. If several candidates have received the same number of votes in the second ballot, the candidates for the short-listed ballot shall be determined by the drawing of lots. Candidates thus selected for the short-listed ballot may be withdrawn by the mover and replaced with other candidates.
(6) In the short-listed ballot, the election shall be decided by a majority of the valid votes cast. In case of a tie, the decision shall be by the drawing of lots.
(7) If an election cannot take place because of the absence of a quorum the President shall suspend the meeting.
§ 58. Quorums
(1) Unless otherwise stipulated in the Federal Constitutional Act or the Rules of Procedure, decisions by the Federal Council shall require the presence of at least one third of its Members and an absolute majority of the votes cast. In case of a tie the motion (proposal) is deemed rejected.
(2) A decision approving a bill adopted by the National Council concerning an amendment of Articles 34 and 35 B-VG shall require, in addition to the stipulations in para (1) above, the approval of a majority of representatives of at least four provinces.
(3) A decision approving a bill adopted by the National Council concerning a federal constitutional law or constitutional provisions contained in simple federal laws by which the legislative or executive powers of the Federal Provinces are curtailed, State Treaties pursuant to Art. 50 (1) [2] B-VG, a decision of the National Council under Art. 23i paras (1), (3, 1st sentence) and (4) B-VG and Art. 23j para (1) B-VG shall require the presence of at least one half of the Members of the Federal Council and a majority of at least two thirds of the votes cast.
(4) A decision approving a motion by the Federal Government aiming at a dissolution of a Provincial Diet by the Federal President shall require the presence of at least one half of the Members of the Federal Council and a majority of at least two thirds of the votes cast. Members of the Federal Council elected by the Diet to be dissolved shall not participate in the vote, nor shall they be taken into account when determining whether a quorum is present.
(5) A decision of the Federal Council on a proposed amendment of its Rules of Procedure shall require the presence of at least one half of the Members of the Federal Council and a majority of at least two thirds of the votes cast.
(6) A decision approving a bill adopted by the National Council concerning the Information Rules Act shall require the presence of at least one half of the Members of the Federal Council and a majority of at least two thirds of the votes cast.
§ 59. Written Questions
(1) Any Member may address written questions to the President and the chairpersons of committees. Such questions shall be duly signed and presented to the President, who shall – unless the questions are addressed to him/her – have them transmitted to the committee chair-persons.
(2) Written questions addressed by a Member to the Federal Government or one of its members pursuant to § 24 (1) shall be duly signed by at least three Members including the author of the question and presented to the President, who shall have them transmitted to the persons addressed without delay.
(3) The submission of written questions shall not be confined to sittings of the Federal Council.
(4) Written questions shall only be read to the Federal Council if the President so orders.
(5) Written questions shall be answered orally or in writing within two months of their being presented to the President. If the person questioned is not in a position to provide the information desired s/he shall state his/her reasons.
(6) If a member of the Federal Government plans to answer a question orally, s/he shall whenever feasible so inform the President before the beginning of the sitting. The President shall so inform the Federal Council and in so doing announce the time at which s/he intends to give the floor to the member of the Federal Government in the course of the sitting. If an objection is made to that point in time, the Federal Council shall decide without debate.
(7) A debate shall be held on the oral answer to a written question if demanded in writing by at least five Members. If objections are raised to the proposed time for the debate, such objections shall be decided upon by the Federal Council. The debate shall not be postponed beyond the end of the next sitting.
(8) Up to the time the President has received an answer to a written question, the questioner may withdraw his/her question by so informing the President in writing. The President shall without delay order that the person questioned be informed of such withdrawal; he shall inform the Federal Council of said withdrawal at its next sitting and have the communication copied and distributed in the same manner as the written question itself.
§ 59a. [Questions regarding Documents]
(1) A minimum of five members of the Federal Council may address short written questions to a member of the Federal Government to obtain information on what bills, documents, reports, items of information and communications regarding a given project of the European Union affecting his/her term of reference have been received within a specified period of time, not exceeding, however, the last three months.
(2) Questions under (1) above shall be submitted to the President in writing. They shall bear the personal signatures of at least five Members including the questioner and shall specifically indicate the project to which they refer. The question shall be communicated to the person questioned by the Parliamentary Administration.
(3) Every Member of the Federal Council may second such a question only once within three months.
(4) The person questioned shall answer the question in writing within twenty working days of the question having been received by the President. If s/he is not in a position to provide the desired information, his/her reply shall indicate the reason. Bills, documents, reports, items of information and communications regarding a project within the framework of the European Union already at the disposal of the Federal Council under § 2 (1, 2 or 3) EU Information Act need not be specified by the person questioned.
(5) The answer received shall be distributed in line with § 18 (4).
§ 60. Debate on a Written Answer to a Question
(1) Upon a written motion seconded by at least three Members, the Federal Council may decide without debate that a debate be held, prior to entry upon the agenda or after the agenda has been exhausted, on a written answer to a question addressed to the Federal Government or one of its members during the sitting in which the President has announced receipt of said answer.
(2) The debate shall take place, without any further requirements to be met, if at least five Members so demand in writing. During one and the same sitting, each Member shall not sign more than two such demands.
(3) If the demand is for the debate to take place before entry upon the agenda, the President may postpone it to the end of the sitting but not later than 4 p.m.
(4) If several debates on answers to written questions have been demanded to be held at the same time, they shall take place in the chronological order in which the respective motions or demands have been made. If the Members who have signed a motion pursuant to para (1) above or a demand pursuant to para (2) above agree, the President may order that several answers to questions whose subject matter is related shall be dealt with in one debate.
(5) For the purposes of a debate on an answer to a written question, speaking time shall be limited to a total of twenty minutes for each Member. This rule shall also obtain for debates that deal with several answers jointly.
(6) In the course of a debate on answers to written questions the only motion on the item of business that may be moved shall be the motion that the Federal Council take note or refuse to take note of the answer. Said motion may be accompanied by a brief statement of reasons.
§ 61. Urgent Questions
(1) Upon a motion in writing seconded by at least three Members, the Federal Council may decide without debate that a Member who has put a written question to a member of the Federal Government since the last sitting or in the course of the same sitting shall, prior to entry upon the agenda or after the agenda has been exhausted, present his/her motivation in an oral statement to be followed by a debate on the issue in hand.
(2) The member of the Federal Government questioned, or pursuant to § 37 (3) the State Secretary, shall, once the motivation for the question has been stated and prior to entry upon the debate, either give an oral answer immediately or present his/her position on the issue in hand.
(3) Urgent consideration shall take place, without any further requirements to be met, if at least five Members so demand in writing. During one and the same sitting, each Member shall not sign more than two such demands.
(4) If urgent consideration pursuant to para (3) above is demanded to take place before entry upon the agenda, the President may postpone it to the end of the sitting but not later than 4 p.m.
(5) If consideration of several urgent questions has been moved or demanded to take place at the same time, said questions shall be considered in the chronological order in which the respective motions or demands have been made. If several motions pursuant to para (1) above or demands pursuant to para (3) above are made at the same time, the President shall rule on the order in which they are to be considered.
(6) If the Members who have signed a motion pursuant to para (1) above or a demand pursuant to para (3) above agree, the President may order that urgent consideration be given jointly to several urgent questions whose subject matter is related.
(7) In the debate on an urgent question, speaking time shall be limited to a total of twenty minutes for each Member. This rule shall also obtain if urgent consideration is given jointly to several questions.
(8) In the debate on an urgent question the only motions relating to the item of business that may be moved shall be motions for a resolution pursuant to § 24 (2).
§ 62. Oral Questions
(1) Any Member of the Federal Council may address brief oral questions pursuant to § 24 (1) to members of the Federal Government in the course of Question Time .
(2) Each question shall be confined to one concrete question and must not be divided into several parts.
(3) No Member shall table more than four questions for the Question Times of one calendar month.
(4) Questions that do not comply with these stipulations shall be disallowed by the President.
(5) Questions shall be tabled by way of the Parliamentary Administration at the latest 48 hours before the sitting in which they are to be called up. If that day is not a working day, the working day immediately preceding it shall be the latest day for introduction. Questions shall without delay be communicated to the person to whom they are addressed. The President may grant exceptions after consultation in the President’s Conference.
(6) The questioner may, by written communication to the President, withdraw his/her question at any time before it is called up in the course of Question Time or, in the case of a call for a written answer, before said answer is received by the President. The person questioned shall be informed of the withdrawal without delay.
§ 63. Answering Questions during Question Time
(1) After consultation of the members of the President’s Conference the President shall determine the order in which questions are to be called up during Question Time, taking into consideration the time of introduction, ministerial responsibility and the relative strengths of the Parliamentary Groups to which the questioners belong.
(2) The questions envisaged to be called up shall be copied and distributed in line with § 18 (1). The questioner shall repeat the question orally when it is called up.
(3) The President shall call up the questions in the order in which they have been arranged. Questions shall not be called up nor answered if the questioner is absent and has failed, in the case of his/her being prevented pursuant to § 4 (2), to inform the President of the name of another Member who shall put the question in his/her stead. The Member so named shall state his agreement to put the question in the absent questioner’s stead.
(4) The member of the Federal Government or, pursuant to § 37 (3), the State Secretary shall be under the obligation to answer the question orally as soon as it is called up. The answer shall be as brief and concrete as the nature of the question allows. If the person questioned is not in a position to provide the desired information, his/her reply shall indicate the reason.
(5) After a question has been answered, the questioner shall have the right to ask one supplementary question. Thereafter, other Members may ask supplementary questions, and the floor shall as a rule be given to Members of each of the Parliamentary Groups other than the one to which the questioner belongs; Members who do not belong to a Parliamentary Group shall also be allowed appropriate time during Question Time. If several Members ask for the floor simultaneously to put a supplementary question, the President shall determine the order in which they are given the floor in compliance with the principles set out in § 47 (2). Supplementary questions must be directly related to the original question and comply with the provisions of § 62 (2).
(6) Unless a question has been called up for an answer during Question Time within four weeks of its receipt by the President, the questioner may within a further period of fourteen days demand an answer in writing. Said demand shall be presented to the President in writing and communicated by the President to the person questioned without delay.
(7) The written answer shall be given within one month of said demand having been made by the questioner under (6) above. If the person questioned is not in a position to provide the desired information, his/her written reply shall indicate the reason.
(8) The President shall order the answer to be copied and distributed to the Members, seeing to it that the Members are also cognizant of the wording of the oral question concerned. Moreover, the President shall announce receipt of the written answer at the sitting of the Federal Council following receipt.
§ 64. Official Records
(1) Official Records of all sittings of the Federal Council shall be kept by staff appointed for this purpose by the Parliamentary Administration. These records shall, on the working day following the sitting, be open to inspection by the Members on the premises of the Parliamentary Administration during the latter's opening hours from 8 a.m. to 4 p.m.
(2) In exceptional cases a part of the Official Records shall be deemed approved as the sitting is closed, if the President has, in response to a written request on the part of five members of the Federal Council, read out the envisaged wording of the Official Records regarding individual items of business after they have been disposed of, and has ruled on any objections - which would have to be raised immediately - to the wording or contents of said part of the Official Records. There shall be no debate.
(3) The Official Records shall list the items under deliberation, all motions (proposals) made on items of business in the course of the sitting, the manner in which they have been disposed of, the results of all votes and the decisions taken.
(4) Upon the President’s order, other events may also be recorded in the Official Records.
(5) The Official Records shall be signed by the President and one Secretary.
(6) Objections to the Records shall be communicated to the President during the time that the Records are open for inspection, and the President shall have them corrected if s/he considers the objection to be justified.
(7) The Official Records shall be deemed approved after the lapse of the period stipulated in para (1) above unless another point in time results from a later ruling of the President on objections.
(8) Separate Official Records shall be kept of deliberations that take place in camera. The Records shall be read while the sitting is still in camera. They shall be deemed approved if no objection is raised. If there are objections, the President shall rule on them without debate. The Federal Council shall decide even before the public is readmitted whether or not the records of the sitting in camera are to be published. Records not published shall be kept under seal.
§ 65. Stenographic Records and Publications
(1) Stenographic records shall be made of the public sittings of the Federal Council, which records shall be published; they shall reflect the deliberations in extenso. Stenographic records of sittings in camera shall only be kept if the Federal Council so decides. The Federal Council shall decide even before the public is readmitted whether or not the records of the sitting in camera are to be published. Records not published shall be sealed and annexed to the Official Records of the sitting.
(2) Each speaker shall receive, before his/her statements are published, a copy of the stenographic record so that s/he can make editorial corrections of style within an appropriate period to be determined with due consideration of the urgency of the matter. Unless objections are raised, or if the copy is not returned within the period allowed for correction, the record shall be published.
(3) Corrections of style shall not change the substance of an intervention in any way. In case of doubt the President shall rule on the admissibility of such corrections.
(4) The stenographic records shall also contain a complete list of all items of business received since the last sitting or in the course of the sitting in question as well as the dates of receipt and referral.
(5) The stenographic records shall furthermore contain the names of committee members, the results of elections of committee chairpersons and secretaries and all subsequent changes of same.
(6) Objections to the stenographic records shall be communicated to the President, who shall order corrections if s/he deems said objections to be justified.
(7) Bills (decisions) adopted by the National Council, private Members’ motions tabled by Members of the Federal Council, submissions by the Federal Government or its members, reports of parliamentary delegations, requests for the authority to prosecute persons for insulting the Federal Council, committee motions as well as committee reports and minority reports in writing shall be published as annexes to the stenographic records unless copying and distribution is dispensed with pursuant to § 18 (2).
(8) The President may order that all or specific parliamentary documents or material concerning the Federal Council as well as any other information concerning the Federal Council be published on the Parliament’s website.
VI. Parliamentary Hearings
§ 66. Decision to Hold a Parliamentary Hearing
(1) On the basis of a private Member’s motion or a committee motion, the Federal Council may decide to hold a parliamentary hearing (i.e. to solicit written statements and to hear experts and other informants) on matters within the jurisdiction of the Federal Council. Said hearing shall have the purpose of providing information to the Members; no decisions shall be taken.
(2) The motion to hold a parliamentary hearing shall at a minimum contain indications of the subject matter, the participants desired to be present, and the proposed day of the hearing.
(3) Hearings shall be open to the media unless the Federal Council decides otherwise when taking the decision to hold the hearing. If the Federal Council so decides and sufficient room is available, the general public shall be given access once the space requirements of the media are met.
§ 67. Procedural Provisions regarding Parliamentary Hearings
(1) Unless the Federal Council decides otherwise upon the President's proposal, the hearing shall be chaired by the President of the Federal Council. The hearing shall be open to all persons entitled to be present at the sittings of committees of the Federal Council.
(2) Furthermore, the provisions of § 47 (1), (2) and (4), §§ 48 and 68 to 70 shall apply, mutatis mutandis, to the debate, factual corrections as well as the call to speak to the point and the call to order. If necessary the President may limit speaking time to not less than five minutes.
(3) Stenographic records shall be made of the deliberations and published in printed form. The President of the Federal Council shall rule on any other publications regarding the parliamentary hearing.
(4) Experts or other informants invited to make an oral statement within the framework of the hearing and who have to travel for this purpose from their place of residence or work to the seat of the Federal Council shall be entitled to reimbursement of their costs. In such cases the provisions governing travel expenses of federal civil servants shall be applied mutatis mutandis.
VII. Order in the House
§ 68. Interruption of Speakers by the President
If the President interrupts a speech made by a person entitled to participate in the deliberations of the Federal Council, said person shall stop immediately, failing which the President may withdraw his/her right to speak.
§ 69. Call to Speak to the Point
(1) If a speaker roams wide of a question before the Federal 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.
§ 70. Call to Order
(1) If a person who is entitled to participate in the deliberations of the Federal Council violates the decorum or dignity of the Federal Council, uses abusive language or 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) In the case of grave violations the President may withdraw his/her right to speak. In this case the person in question shall not be allowed to ask for the floor again to speak on the item of business in hand.
(3) The President may also make a call to order at the end of the sitting during which the violation has occurred or at the beginning of the next sitting.
§ 71. Request for a Call to Speak to the Point or a Call to Order
Any person entitled to participate in the deliberations may request the President to make a call to speak to the point or a call to order. This right shall also extend to subsequent calls to order pursuant to § 70 (3).
VIII. Concluding Provisions
§ 72. Entry into Force and Expiry of Earlier Provisions
(1) The present Rules of Procedure shall enter into force on 1 July 1988.
(2) As the present Rules of Procedure enter into force, the Rules of Procedure of the Federal Council (RP-FC) adopted by Federal Council Decision of 19 December 1984, BGBl (Federal Law Gazette) No. 554, shall expire.
(3) The provisions of § 13c shall expire at the time of entry into force of the constitutional provisions on the implementation of the Lisbon Treaty.
(4) § 59a shall enter into force at the end of the day to be announced under § 12 (1) EU Information Act as promulgated in BGBl I No. 113/2011. As regards documents under § 12 (2) EU Information Act as promulgated in BGBl I No. 113/2011, § 59a shall, however, apply only from the end of the day to be announced in the Federal Law Gazette under § 12 (2) EU Information Act.
(5) §13a, 13b, § 16 (1), § 18 (3 and 4), § 20 (4 and 5), § 21a, § 27, § 38a, § 43a, § 58 and the Annex to the Federal Council Rules of Procedure, “Rules for the Handling and distribution of Bills, Documents, Reports, Items of Information and Communications on Projects within the Framework of the European Union (Distribution Rules EU)” as promulgated in Federal Law Gazette BGBl. I 113/2011 shall enter into force on 1 January 2012.
(6) § 7 (7), § 10 (4), § 13a (5 and 6), § 13b (2, 4, 8 and 11), § 16 (1 and 2), § 18, § 21 (2), § 21a (2), § 31, § 38b, § 39 (5), § 47 (7), § 58 (6), § 59a (2 and 4), § 63 (2), § 65 and § 70 (1) shall enter into force on XX.XXXX.2015. As these provisions enter into force, Annex 1 to the Federal Council Rules of Procedure concerning the Rules for the Handling and distribution of Bills, Documents, Reports, Items of Information and Communications on Projects within the Framework of the European Union (Distribution Rules – EU) shall expire.
(7) § 13 para 4a as promulgated in BGBl. I No. 79/2021 shall enter into force on the day following promulgation.