Standing Orders of the Congress of Deputies

Total Page:16

File Type:pdf, Size:1020Kb

Standing Orders of the Congress of Deputies CONGRESS OF DEPUTIES STANDING ORDERS OF THE CONGRESS OF DEPUTIES MADRID 2004 STANDING ORDERS OF THE CONGRESS OF DEPUTIES ARRANGEMENT OF SECTIONS Page PRELIMINARY PART. Constituent meeting of Congress........................... 145 PART I. Status of Members................................................................ 146 Chapter I. Rights of Members.................................................................. 146 Chapter II. Parliamentary Privileges ........................................................ 148 Chapter Ill. Duties of Members ................................................................ 150 Chapter IV. Acquisition, suspension and loss of Member Status............ 151 PART II. Parliamentary Groups........................................................... 152 PART III. Organization of Congress..................................................... 155 Chapter I. The Bureau ............................................................................. 155 Division I. Functions of the Bureau and its members.......................... 155 Division 2. Election of members of the Bureau ................................... 158 Chapter II. The Board of Spokesmen...................................................... 159 Chapter Ill. Committees ........................................................................... 160 Division 1. Committees. General rules ................................................ 160 Division 2. Standing Committees......................................................... 163 Division 3. Ad hoc Committees............................................................ 165 Chapter IV. Plenary sittings ..................................................................... 167 Chapter V. Permanent Deputation........................................................... 168 Chapter VI. Human and material resources ............................................ 169 141 Page PART IV. General arrangement of business ........................................ 170 Chapter I. Sessions and sittings .............................................................. 170 Chapter II. Agenda................................................................................... 172 Chapter III. Debates................................................................................. 174 Chapter IV. Voting .................................................................................... 178 Chapter V. Calculation of terms and lodging of documents .................... 182 Chapter VI. Urgent procedure.................................................................. 183 Chapter VII. Publications of Congress and publicity of its business ....... 183 Chapter VIII. Maintenance of order ......................................................... 185 Division 1. Penalties for breach of Member’s duties ........................... 185 Division 2. Calls to Order..................................................................... 186 Division 3. Order within the parliamentary precincts............................. 188 PART V. Legislative procedure............................................................ 189 Chapter I. Initiative of Bills ....................................................................... 189 Chapter Il. Ordinary legislative procedure ............................................... 190 Division 1. Government Bills................................................................ 190 I. Tabling of amendments............................................................... 190 II. Debates on the whole bill in plenary sitting ............................... 192 III. Deliberation in Committee ........................................................ 193 IV. Deliberation on the floor of the House...................................... 194 V. Deliberation on resolutions of the Senate ................................. 196 Division 2. Private Members’ Bills........................................................ 197 Division 3. Withdrawal of Government Bills and of private Member’s Bills .................................................................................... 198 Chapter III. Special Rules on legislative procedure................................. 199 Division 1. Organic Bills....................................................................... 199 Division 2. Finance Bill......................................................................... 201 Division 3. Statutes of Devolution........................................................ 202 I. Ordinary procedure..................................................................... 202 II. Procedure pursuant to Section 151 of the Constitution............. 203 Ill. Reform of Statutes .................................................................... 206 Division 4. Constitutional review and reform ....................................... 207 142 Page Division 5. Full legislative authority of Committees ............................. 208 Division 6. Consideration of a Bill in single reading ............................ 209 PART VI. Control over Government provisions having the force of an Act. ................................................................................... 210 PART VII. Granting of authorizations and other acts of the Congress having direct legal effect....................................................... 212 Chapter I. International Treaties .............................................................. 212 Chapter II. Consultative referendum........................................................ 215 Chapter Ill. States of alert, emergency and siege ................................... 215 Chapter IV. Acts of Congress in relation to Self-governing Communities... 217 Chapter V. Indictment of members of the Government for treasonable offences against the security of the State ............................ 219 PART VIII. Granting and withdrawal of confidence ................................ 220 Chapter I. Investiture ............................................................................... 220 Chapter II. The question of confidence.................................................... 221 Chapter Ill. The motion of censure .......................................................... 222 PART IX. Interpellations and questions................................................ 225 Chapter I. Interpellations.......................................................................... 225 Chapter II. Questions............................................................................... 227 Chapter Ill. Common rules....................................................................... 230 PART X. Non-legislative motions......................................................... 230 PART XI. Examination and debate of Government communica- tions, programmes or plans and other reports ..................... 232 Chapter I. Government communications ................................................. 232 Chapter II. Examination of programmes and plans submitted by the Government.......................................................................... 233 Chapter Ill. Examination of reports laid before Congress........................ 234 Chapter IV. Information by the Government ............................................ 235 143 Page PART XII. Nominations and appointments ............................................ 236 PART XIII. Business pending upon expiry of the term of Congress....... 238 REPEALS................................................................................................... 238 FINAL PROVISIONS .................................................................................. 239 TRANSITIONAL PROVISIONS .................................................................. 240 144 PRELIMINARY PART Constituent meeting of Congress 68, 67, 62, Section 1 1 23, 99, Following a general election to the Con- 115 C gress, a constituent meeting of the House 147 SO shall be held in accordance with Section 68.6 168 C of the Constitution, on such day and at such 5 SO Calling of the time as specified in the Royal Decree issued to meeting call the election. Section 2 The constituent meeting shall be chaired ini- Provisional tially by the oldest of the Members-elect pre- Bureau sent, assisted by the two youngest acting as Secretaries. Section 3 1. The Chairperson shall open procee- Procedure at dings and one of the Secretaries shall read out meeting the Royal Decree calling the election, the roll 36 SO of Members-elect and any appeals lodged against the election results, specifying the Members-elect who may be affected by the decision on such appeals. Election of 2. The Bureau of the Congress shall then final Bureau 145 be elected in accordance with the procedure 37 SO described in Section 37 hereof. Section 4 Oath or 1. After the voting has concluded, those pledge of elected shall take an oath or pledge to ob- allegiance to serve the Constitution, for which purpose 9 C the 20, 59 SO Constitution their names shall be called out in alphabeti- cal order. The Speaker shall then declare Congress constituted, and shall adjourn the sitting. 2. The constitution of Congress shall be notified by the Speaker to the King, the Sena- te and the Government. Section 5 State Within the period of fifteen days from the 1 SO opening of constituent meeting, the State opening of the Parliament parliamentary term shall be held. PART I Status of Members CHAPTER I Rights of Members Section 6 Attendance of 1. Members shall be entitled to attend and 67 C sittings vote at plenary
Recommended publications
  • Discontinuity and European Lawmaking – Another Deficit of EU
    Discontinuity: Another Source for the EU’s Democratic Deficit? Thomas König [email protected] Abstract: This study evaluates discontinuity that is induced by the two-stage lawmaking process of EU directives and discussed in the jurisprudential literature as another source for the EU’s democratic deficit. While directives must be transposed into national law, their lengthy transposition period has raised the normative question about the extent to which governments of today can politically and reliably commit domestic majorities of tomorrow. From a political science perspective, this jack-in-the-box-effect is particularly critical in systems with restrictive voting procedures and high agency loss because the parliamentary principal is unable to learn about the behaviour of the governmental agent and can hardly change or amend the decision of the former government. Hence, the empirical task is to identify the potential for discontinuity in EU lawmaking which requires measuring the governmental activities in the implementation process and to compare the preferences of the former and current majorities. This is the first study which empirically analyzes the potential of discontinuity by combining statistics on the implementation process in the 15 member states with preference indicators for their governments over a period of almost 20 years. The findings reveal that parliaments are almost excluded from this process. On closer inspection, the results show that the preferences of the former and the newly elected representatives differ drastically in about one third of all cases, in particular in Austria, Denmark, France, Sweden – and to a lesser extent – in Ireland, Greece and Luxembourg where public support for European integration has also notably decreased in recent years.
    [Show full text]
  • Democracy and the Politics of Parliamentary Immunity in Turkey
    121 Democracy and the politics NEW PERSPECTIVES ON TURKEY of parliamentary immunity in Turkey Department of Humanities and Social Sciences, Gürcan Koçan ‹stanbul Technical University Department of Philosophy, Simon Wigley Bilkent University In Turkey there is currently a widespread public desire to narrow the extent to which parliamentarians are immune from the law. That desire is largely motivated by the perception that political corruption is widespread and that parliamentary immunity only serves to obstruct the fight against it.1 As a result, a number of political parties have based their electoral platforms on the promise to limit the scope of parliamentary immunity once in office. As of yet, none have carried through their promise and this has only served to reinforce the public view that parliamentarians see their immunity as a personal privilege. Irrespective of the merits of that charge, there is a genuine concern that confronts Turkish deputies, which means that they will be less likely to limit the immunity once elected. Their concern is that current law does not adequately protect civil and political liberties and that the judiciary is not yet sufficiently evenhanded in its treatment of political cases. In effect, the fight against political corruption has been frustrated in part because of the risk to free speech that exposure to the law might entail. The almost contradictory position of the European Union well illustrates the problem. On the one hand, it is exerting pressure on the Turkish government to narrow parliamentary immunity so as to combat political corruption,2 while on the other hand it continues to raise concerns about the prosecution of non-violent expression and the partiality of the judiciary in Turkey.3 1 Ercis Kurtulufl, Country Reports on Political Corruption and Party Financing – Turkey (Transparency International, 2004); available from www.transparency.org.
    [Show full text]
  • Government Accountability Office
    § 701 TITLE 31—MONEY AND FINANCE Page 56 CHAPTER 7—GOVERNMENT 2000—Pub. L. 106–303, § 4(a)(3), Oct. 13, 2000, 114 Stat. ACCOUNTABILITY OFFICE 1069, added item 732a. 1994—Pub. L. 103–272, § 4(f)(1)(C), July 5, 1994, 108 Stat. SUBCHAPTER I—DEFINITIONS AND GENERAL 1362, struck out ‘‘Sec.’’ immediately above item 781. ORGANIZATION 1988—Pub. L. 100–545, § 2(a), Oct. 28, 1988, 102 Stat. 2728, added subchapter VI heading and items 781 to 783. Sec. 701. Definitions. 702. Government Accountability Office. SUBCHAPTER I—DEFINITIONS AND 703. Comptroller General and Deputy Comptroller GENERAL ORGANIZATION General. 704. Relationship to other laws. § 701. Definitions 705. Inspector General for the Government Ac- In this chapter— countability Office. (1) ‘‘agency’’ includes the District of Colum- SUBCHAPTER II—GENERAL DUTIES AND POWERS bia government but does not include the legis- 711. General authority. lative branch or the Supreme Court. 712. Investigating the use of public money. (2) ‘‘appropriations’’ means appropriated 713. Audit of Internal Revenue Service and Bureau amounts and includes, in appropriate con- of Alcohol, Tobacco, and Firearms.1 text— 714. Audit of Financial Institutions Examination (A) funds; Council, Federal Reserve Board, Federal re- (B) authority to make obligations by con- serve banks, Federal Deposit Insurance Cor- poration, and Office of Comptroller of the tract before appropriations; and Currency. (C) other authority making amounts avail- 715. Audit of accounts and operations of the Dis- able for obligation or expenditure. trict of Columbia government. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 887.) 716. Availability of information and inspection of records.
    [Show full text]
  • Parliamentary Immunity
    Parliamentary Immunity A Comprehensive Study of the Systems of Parliamentary Immunity of the United Kingdom, France, and the Netherlands in a European Context Parliamentary Immunity A Comprehensive Study of the Systems of Parliamentary Immunity of the United Kingdom, France, and the Netherlands in a European Context DISSERTATION to obtain the degree of Doctor at the Maastricht University, on the authority of the Rector Magnificus, Prof. dr. L.L.G. Soete in accordance with the decision of the Board of Deans, to be defended in public on Thursday 26 September 2013, at 16.00 hours by Sascha Hardt Supervisor: Prof. mr. L.F.M. Verhey (Leiden University, formerly Maastricht University) Co-Supervisor: Dr. Ph. Kiiver Assessment Committee: Prof. dr. J.Th.J. van den Berg Prof. dr. M. Claes (Chair) Prof. dr. C. Guérin-Bargues (Université d’Orléans) Prof. mr. A.W. Heringa Prof. D. Oliver, MA, PhD, LLD Barrister, FBA (Univeristy College London) Cover photograph © Andreas Altenburger - Dreamstime.com Layout by Marina Jodogne. A commercial edition of this PhD-thesis will be published by Intersentia in the Ius Commune Europaeum Series, No. 119 under ISBN 978-1-78068-191-7. Für Danielle ACKNOWLEDGEMENTS As I have been told, the idea that I could write a doctoral dissertation first occurred to Philipp Kiiver when he was supervising my bachelor thesis in 2007. At that time, I may well have dreamed of a PhD position, but I was far from having any actual plans, let alone actively pursuing them. Yet, not a year later, Luc Verhey and Philipp Kiiver asked me whether I was interested to join the newly founded Montesquieu Institute Maastricht as a PhD researcher.
    [Show full text]
  • KAZAKHSTAN TREND from Totalitarianism to Democratic and Legal State
    Astana, 2015 ББК 63.3(5Ка)я6 С 82 Kazakhstan trend: from Totalitarianism to Democratic and Legal State (View from the Outside) / Collection of articles. Executive editor and author of the introduction Doctor of Law, professor, Honored worker of the Republic of Kazakhstan I.I. Rogov, Astana, 2015. – 234 p. ISBN 9965-27-571-8 ББК 63.3(5Ка)я6 Constitution of the Republic of Kazakhstan, drafted on the initiative and under the direct supervision of the President of the Republic of Kazakhstan – Leader of the Nation N.A. Nazarbayev, adopted on the nationwide referendum on 30 August 1995, has become a stable political and legal foundation of the state and society, dialectical combination of the best achievements of the world constitutional idea with Kazakhstan values, of the formation of unified constitutional and legal policy and practice, of gradual assertion of real constitutionalism. This publication includes articles, reflecting the opinions of foreign experts on the significance of the Constitution of the Republic of Kazakhstan in the deep and comprehensive reformation of Kazakhstan, its transformation into a modern, strong, successful and prosperous state. The collection also includes analytical comparative materials on the experience of Kazakhstani law and state institutions in comparison with similar branches and institutions of other countries. Among the authors are the representatives of authoritative international organizations, famous politicians, heads of state agencies, world-known scientists from various fields of human knowledge. Publication is interesting and useful for politicians, legislators and law enforcers, academics and wide audience. ISBN 9965-27-571-8 © Constitutional Council of the Republic of Kazakhstan, 2015 CONTENT INTRODUCTION .........................................................................................................................
    [Show full text]
  • Delegates to the US Congress
    Delegates to the U.S. Congress: History and Current Status Christopher M. Davis Analyst on Congress and the Legislative Process August 25, 2015 Congressional Research Service 7-5700 www.crs.gov R40555 Delegates to the U.S. Congress: History and Current Status Summary Delegates, representing territories that had not yet achieved statehood, have served in the House since the late 1700s. In the 20th century, the concept of delegate grew to include representation of territories where the United States exercises some degree of control but were not expected to become states. In the 114th Congress, the U.S. insular areas of American Samoa, Guam, the Northern Mariana Islands, the Virgin Islands, and the federal municipality of the District of Columbia are each represented in Congress by a delegate to the House of Representatives. In addition, Puerto Rico is represented by a resident commissioner, whose position is treated the same as a delegate. This report provides historical background on the development of the position of delegate to Congress and on the rights of a delegate once seated. The Constitution makes no provision for territorial representation, and early laws providing for territorial delegates to Congress did not specify the duties, privileges, and obligations of these representatives. It was left to the House and the delegates themselves to define their role. On January 13, 1795, the House took an important step toward establishing the functions of delegates when it appointed James White, the first territorial representative, to membership on a select committee. In subsequent years, delegates continued to serve on select committees as well as on conference committees.
    [Show full text]
  • The Functioning of Democratic Institutions in Turkey
    http://assembly.coe.int Doc. 15272 21 April 2021 The functioning of democratic institutions in Turkey Report1 Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) Co-rapporteurs: Mr Thomas HAMMARBERG, Sweden, Socialists, Democrats and Greens Group, and Mr John HOWELL, United Kingdom, European Conservatives Group and Democratic Alliance Summary The Monitoring Committee is deeply concerned about recent developments in Turkey which have further undermined democracy, the rule of law and human rights. Procedures seeking to lift the parliamentary immunity of a third of the parliamentarians (overwhelmingly from opposition parties), the attempt to close the Peoples' Democratic Party (HDP) and the continued crackdown on its members put political pluralism and the functioning of democratic institutions at risk. The presidential decision of 20 March 2021 to withdraw from the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (CETS No.210, the Istanbul Convention) to combat violence against women and domestic violence is a regrettable step backwards, made without any parliamentary debate, which raises the question of the modalities of denunciation of conventions in democratic societies. The committee also urges the immediate release of Selahattin Demirtaş and Osman Kavala following the final judgments of the European Court of Human Rights. In order to reverse these worrying trends, the Turkish authorities should seize the opportunity of implementing the Human Rights Action Plan and revising the legislation on elections and political parties to take meaningful steps, put an end to the judicial harassment of opposition and dissenting voices, improve freedom of expression and media and restore the independence of the judiciary, in co-operation with the Council of Europe 1.
    [Show full text]
  • Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 112 CONGRESS, FIRST SESSION
    E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, FIRST SESSION Vol. 157 WASHINGTON, WEDNESDAY, JUNE 15, 2011 No. 86 House of Representatives The House met at 10 a.m. and was of country that has provided an exam- Graham Purcell led a rich, full, re- called to order by the Speaker pro tem- ple and an inspiration for many people, markable life. How many others can pore (Mr. NUGENT). including me. A man of deep faith, say that they shook hands with Win- f Graham possessed a generosity of spirit ston Churchill while serving as a sol- that extended to all aspects of his life. dier in Italy; had Vice President John- DESIGNATION OF SPEAKER PRO He was a member of the Greatest Gen- son come pick him and his family up at TEMPORE eration that saved the world from to- the airport just after he was elected in The SPEAKER pro tempore laid be- talitarianism and then came home to a special election to take them to the fore the House the following commu- build the most prosperous nation the Johnson home so they could stay for a nication from the Speaker: world has ever known. But Graham while until they had a chance to find a place of their own; or, on the last night WASHINGTON, DC, Purcell was also an individual who June 15, 2011. would stand out in any generation, ris- of President Kennedy’s life spent more I hereby appoint the Honorable RICH ing from humble roots to help make than an hour with him on the plane NUGENT to act as Speaker pro tempore on history.
    [Show full text]
  • The Constitution of the United States [PDF]
    THE CONSTITUTION oftheUnitedStates NATIONAL CONSTITUTION CENTER We the People of the United States, in Order to form a within three Years after the fi rst Meeting of the Congress more perfect Union, establish Justice, insure domestic of the United States, and within every subsequent Term of Tranquility, provide for the common defence, promote ten Years, in such Manner as they shall by Law direct. The the general Welfare, and secure the Blessings of Liberty to Number of Representatives shall not exceed one for every ourselves and our Posterity, do ordain and establish this thirty Thousand, but each State shall have at Least one Constitution for the United States of America. Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut fi ve, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland Article.I. six, Virginia ten, North Carolina fi ve, South Carolina fi ve, and Georgia three. SECTION. 1. When vacancies happen in the Representation from any All legislative Powers herein granted shall be vested in a State, the Executive Authority thereof shall issue Writs of Congress of the United States, which shall consist of a Sen- Election to fi ll such Vacancies. ate and House of Representatives. The House of Representatives shall chuse their SECTION. 2. Speaker and other Offi cers; and shall have the sole Power of Impeachment. The House of Representatives shall be composed of Mem- bers chosen every second Year by the People of the several SECTION.
    [Show full text]
  • Parliamentary Strengthening and the Paris Principles: Tanzania Case Study
    Parliamentary Strengthening and the Paris Principles Tanzania case study January 2009 Dr. Anthony Tsekpo (Parliamentary Centre) and Dr. Alan Hudson (ODI) * Disclaimer: The views presented in this paper are those of the authors and do not necessarily represent the views of DFID or CIDA, whose financial support for this research is nevertheless gratefully acknowledged. Overseas Development Institute 111 Westminster Bridge Road London SE1 7JD UK Tel: +44 (0)20 7922 0300 Fax: +44 (0)20 7922 0399 www.odi.org.uk i Parliamentary strengthening and the Paris Principles: Tanzania case study Acknowledgements We would like to thank all of the people who have shared with us their insights and expertise on the workings of the Parliament of Tanzania and about the range of parliamentary strengthening activities that take place in Tanzania. In particular, we would like to thank those Honourable Members of Parliament who took the time to meet with us, along with members of the Secretariat and staff members from a number of Development Partners and from some of the key civil society organisations that are engaged in parliamentary strengthening work. Our hope is that this report will prove useful to these people and others as they continue their efforts to enhance the effectiveness of Tanzania’s Parliament. In addition, we gratefully acknowledge the financial support provided by the UK’s Department for International Development (DFID) and the Canadian International Development Agency (CIDA). ii Parliamentary strengthening and the Paris Principles: Tanzania
    [Show full text]
  • Professional and Ethical Standards for Parliamentarians Background Study: Professional and Ethical Standards for Parliamentarians
    Background Study: Professional and Ethical Standards for Parliamentarians Background Study: Professional and Ethical Standards for Parliamentarians Warsaw, 2012 Published by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Ul. Miodowa 10, 00–251 Warsaw, Poland http://www.osce.org/odihr © OSCE/ODIHR 2012, ISBN 978–92–9234–844–1 All rights reserved. The contents of this publication may be freely used and copied for educational and other non-commercial purposes, provided that any such reproduction is accompanied by an acknowledgement of the OSCE/ODIHR as the source. Designed by Homework Cover photo of the Hungarian Parliament Building by www.heatheronhertravels.com. Printed by AGENCJA KARO Table of contents Foreword 5 Executive Summary 8 Part One: Preparing to Reform Parliamentary Ethical Standards 13 1.1 Reasons to Regulate Conduct 13 1.2 The Limits of Regulation: Private Life 19 1.3 Immunity for Parliamentarians 20 1.4 The Context for Reform 25 Part Two: Tools for Reforming Ethical Standards 31 2.1 A Code of Conduct 34 2.2 Drafting a Code 38 2.3 Assets and Interests 43 2.4 Allowances, Expenses and Parliamentary Resources 49 2.5 Relations with Lobbyists 51 2.6 Other Areas that may Require Regulation 53 Part Three: Monitoring and Enforcement 60 3.1 Making a Complaint 62 3.2 Investigating Complaints 62 3.3 Penalties for Misconduct 69 3.4 Administrative Costs 71 3.5 Encouraging Compliance 72 3.6 Updating and Reviewing Standards 75 Conclusions 76 Glossary 79 Select Bibliography 81 Foreword The public accountability and political credibility of Parliaments are cornerstone principles, to which all OSCE participating States have subscribed.
    [Show full text]
  • Report on the Foreign Policy of the Czech Republic 2007
    CONTENTS INTRODUCTION......................................................................................................................6 I. MULTILATERAL COOPERATION ................................................................................. 14 1. The Czech Republic and the European Union ........................................................ 14 The Czech Republic and the EU Common Foreign and Security Policy ............. 33 The Czech Republic and European Security and Defence Policy ........................ 42 2. The Czech Republic and the North Atlantic Treaty Organisation (NATO) ............ 48 3. The Czech Republic and Regional Cooperation ..................................................... 74 Visegrad cooperation ............................................................................................. 74 Central European Initiative (CEI) .......................................................................... 78 Regional Partnership .............................................................................................. 80 Stability Pact for South East Europe ..................................................................... 82 4. The Czech Republic and other European international organisations and forums .. 84 The Czech Republic and the Organisation for Security and Cooperation in Europe (OSCE)................................................................................................................... 84 Council of Europe .................................................................................................
    [Show full text]