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The Legislative Process in Parliament

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The Legislative Process in Parliament PARLIAMENT OF THE CZECH REPUBLIC THE CHAMBER OF DEPUTIES THE LEGISLATIVE PROCESS IN PARLIAMENT The adoption of laws is one of the most impor- procedure outlined above. There are three main legis- tant functions of any Parliament. In the Czech Re- lative procedures that may apply: public, the Parliament is the only body that may adopt laws. However, the Constitution of the Czech 1. The approval of a bill by both chambers of Republic does not preclude the possibility that Parliament, whereby the Senate has 30 days direct democratic procedures (such as a state-wide to vote on a bill (this procedure applies to re- referendum) could, in the future, be used for the gular laws). adoption of laws. 2. The approval of a bill by both chambers of Par- liament, where the Chamber of Deputies does THE LEGISLATIVE PROCESS not have the right to overrule the Senate (this Proposals for laws (bills) must fi rst be presen ted procedure applies to constitutional laws and to the Chamber of Deputies, where they are dis- laws according to art. 40 of the Constitution). cussed and voted upon. If the Chamber of Deputies 3. The approval of a bill solely by the Chamber of expresses consent with a bill, the bill (including any Deputies (this procedure applies to the law on amendments approved by the Chamber of Depu- the state budget, for example). ties) is then sent to the Senate for its approval. If the Senate approves the bill without proposing any addi- tional amendments, the bill is adopted as law and is If the Chamber of Deputies is dissolved, the presented to the President for fi nal signature. On the Senate may adopt legal measures in place of regular other hand, if the Senate rejects the bill entirely or laws. Legal measures may only be adopted when the approves it subject to Senate amendments, the bill is matter may not be postponed and where a regular returned to the Chamber of Deputies for a new vote. law would have been proposed, were the Chamber If the Chamber of Deputies approves such a bill, it is of Deputies not dissolved. Legal measures may only then presented to the President for fi nal signature. be adopted in certain areas defi ned by the Constitu- With the exception of constitutional laws, the Presi- tion; the Senate is not granted a full legislative autho- dent may refuse to sign a law that has been sent to rity in all areas where regular laws may be adopted. him from Parliament. In such a case, the Chamber of For example, legal measures may not be adopted in Deputies must vote on whether to uphold the law. At constitutional, budgetary or electoral matters. Legal the end of the legislative process, where the Presi- measures may only be adopted by the Senate on dent has signed a law or where the Chamber of Depu- a proposal from the Government and they only have ties has overruled the President’s veto, the law is provisional validity. When the new Chamber of Depu- promulgated and published in the Collection of Laws. ties is elected, it must approve any legal measures Depending on the type of law that is to be adop- that have been adopted by the Senate, otherwise, ted, exceptions may apply to the general legislative they cease to have effect. LLegislative.inddegislative.indd 1 221.1.20061.1.2006 221:44:581:44:58 VVýtažkováýtažková aazurovázurováVVýtažkováýtažková ppurpurováurpurováVVýtažkováýtažková žžlutálutáVVýtažkováýtažková eernárnáPPANTONEANTONE 11255255 CPPANTONEANTONE 88201201 C THE LEGISLATIVE PROCESS assigned by the Organising Committee or by the Chair- person of the Chamber of Deputies) addresses the ple- The legislative process is a series of steps that nary. Following a general parliamentary debate (which a bill must go through before it becomes law. Before does not have a time limit), the Chamber of Deputies fi nal publication in the Collection of Laws, a bill must may resolve to return the bill to the submitting party go through the legislative process in accordance with to be refi ned, to reject the bill or to refer the bill to the steps outlined below. a committee or to several committees for further de- liberation. THE CHAMBER OF DEPUTIES The purpose of the fi rst reading is to allow Depu- ties to become generally acquainted with the content, When a bill is introduced in the Chamber of Depu- purpose and intent of a bill. The purpose of allowing ties, it must go through a series of readings before the Chamber of Deputies to return or reject a bill in a fi nal vote is held. The bill is fi rst discussed in a fi rst the fi rst reading is to ensure that a bill, which does reading and is then referred to specialised commit- not have the support of the Chamber of Deputies, tees for deliberation. After committee work is com- does not have to go through all three readings before pleted, the Chamber of Deputies discusses the bill in being rejected. Another purpose of the fi rst reading a second reading and lastly, in a fi nal third reading. is to allow political parties to clarify their positions The third reading generally represents the end of the regarding a bill before continuing with further deli- legislative process within the Chamber of Deputies, berations in the committees or in the plenary. unless the bill is subsequently returned to the Cham- If the Chamber of Deputies does not return or ber of Deputies by the Senate or by the President. reject a bill in the fi rst reading, the bill is assigned to a committee or to several committees for delibera- THE RIGHT OF LEGISLATIVE INITIATIVE tion, in accordance with a proposal from the Organi- Deputies, groups of Deputies, the Senate (as sing Committee or from the Chairperson of the Cham- a whole), the Government and Regional Assemblies ber of Deputies. A Deputy may submit a different have the right of legislative initiative. That is to say, draft for assignment and the Chamber of Deputies these persons and bodies (submitting parties) have decides on such a draft without holding a parliamen- the right to introduce bills and to initiate the legis- tary debate. In the event that a draft act has already lative process in Parliament. In practice, this right is been assigned to a committee for discussion, then it most often exercised by the Government as well as may not be returned to the submitting party to be by Deputies and groups of Deputies. Bills that have refi ned. been introduced in Parliament may be withdrawn without the consent of the Chamber of Deputies up COMMITTEE DELIBERATIONS until the completion of the second reading; after the REGARDING A BILL second reading, bills may only be withdrawn with the After the fi rst reading, committees have 60 days consent of the Chamber of Deputies. to discuss a bill that has been assigned to them. The proposed text that is to be adopted as law is This time may be shortened by up to 30 days or ex- not the only part of a bill. A bill also contains an ex- tended by up to 20 days. The time may be shortened planatory memorandum, which is divided into a ge- by more than 30 days, unless two Deputies’ Clubs or neral part and a specifi c part. The general part of the 50 or more Deputies raise an objection. The time for memorandum must characterise the current legal con- committee deliberations may only be extended by text and explain why a new law should be adopted. more than 20 days with the agreement of the sub- Additionally, the general part of the memorandum mitting party. must assess the expected budgetary impact of the bill The areas that a bill proposes to regulate deter- on the state budget and on the budget of regional go- mine which committee the bill is assigned to. In vernments. The specifi c part of the memorandum con- some cases, a bill may be assigned to more than one tains an explanation of particular articles and sections committee or a committee may decide to discuss of the proposed law. Proposals for laws are submitted a bill at its own initiative. This is often the case with to the Chamber of Deputies through its Chairperson. bills pertaining to defence which are discussed by The Government must deliver an opinion for all bills the Committee for Defence and Security, the Com- (except bills proposed by the Government) within mittee for Foreign Affairs and, where a bill concerns 30 days of their submission to the Chairperson of the matters related to the European Union, it is also dis- Chamber of Deputies. cussed by the Committee for European Affairs. A committee discusses a bill in a general debate, THE FIRST READING OF A BILL which is followed by a detailed debate in which Depu- At the beginning of the fi rst reading, the submitting ties may submit proposals for amendments to the bill. party introduces the bill and the rapporteur (a Deputy At the end of the debate, the committee adopts a reso- LLegislative.inddegislative.indd 2 221.1.20061.1.2006 221:44:591:44:59 VVýtažkováýtažková aazurovázurováVVýtažkováýtažková ppurpurováurpurováVVýtažkováýtažková žžlutálutáVVýtažkováýtažková eernárnáPPANTONEANTONE 11255255 CPPANTONEANTONE 88201201 C lution in which it recommends to the plenary session THE FINAL APPROVAL OF A BILL IN THE of the Chamber of Deputies whether to adopt or reject FIRST READING the bill. A minority of committee members, comprising at least one fi fth of the total number of members of The submitting party may, when submitting a bill to the Chamber of Deputies, request that the Chamber of the committee, may adopt a dissenting opinion.
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