Check for constitutionality or legality of initiatives

RULES OF PROCEDURE OF THE NATIONAL ASSEMBLY

(Adopted 2002; last amended 2007)

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IV. Acts and Procedures

2. Legislative procedure

a) General provisions

Art. 115

(1) A draft law contains the title of the law, an introduction, the textof the articles, and a statement of reasons.

(2) The introduction includes:

-         an evaluation of the state of affairs andreasons for adopting the law,

-         the goals, principles, and main solutions ofthe draft law,

-         an estimation of the financial implications ofthe draft law regarding the state budget and other public finance resources,

-         a statement that the resources for theimplementation of the law are provided in the state budget if the draft lawenvisages the use of budgetary resources in a period for which the state budgethas already been adopted,

-         a presentation of the regulation of suchmatter in other legal systems and of the harmonisation of theproposed regulation with the law of the European Union; such presentation mustinclude a presentation of the regulation of such matter in the legal systems ofat least three European Union Member States,

-         other consequences the adoption of the lawmight have.

(3) If a draft law does not contain the requiredinformation referred to in this article, the President of the National Assemblycalls upon the proposer to supplement the draft law…

Art. 116

(1) The President of the National Assembly forwardsthe draft law to all deputies immediately after it has been tabled. Thereby thelegislative procedure begins.

c) Regular legislative procedure

cb) Second reading of a draft law

Art. 125

(4) The title of the law is only debated and voted on if an amendment toit has been tabled.

6. Procedure for amending the Constitution

Art. 174

The NationalAssembly establishes a Constitutional Commission within 30 days after the submission of the proposal to initiate theprocedure for amending the Constitution. Where this is not possible consideringthe provision of Article 6 of these Rules of Procedure, it establishes thecommission as soon as possible after such period.

Art. 175

The Constitutional Commission adopts the draftdecision to initiate the procedure for amending the Constitution by atwo-thirds majority vote of the members present.

Art. 176

(1) If the Constitutional Commission does not adoptthe decision referred to in the preceding Article, it draws up a report thereonfor a session of the National Assembly.

(2) If the Constitutional Commission adopts thedecision referred to in the preceding Article, it holds a debate on the firstdraft of the constitutional act.

(3) Following the debate referred to in the precedingparagraph, the Constitutional Commission adopts, by a two-thirds majority voteof the members present, the positions on the first draft of the constitutionalact and draws up a report thereon for a session of the National Assembly.

Art. 178

(1) If the National Assembly adopts the decision toinitiate the procedure for amending the Constitution, a debate on the firstdraft of the constitutional act and on the positions of the ConstitutionalCommission thereon is held.

(2) Following the debate referred to in the precedingparagraph, the National Assembly adopts its positions on the first draft of theconstitutional act, which should be taken into consideration by theConstitutional Commission in the preparation of the final draft of theconstitutional act.

(3) The National Assembly adopts the positionsreferred to in the preceding paragraph by a majority vote of all deputies.

a) Final draft of a constitutional act

Art. 179

(1) On the basis of the decision and positions of theNational Assembly, the Constitutional Commission draws up the final draft of aconstitutional act.

(2) The Constitutional Commission adopts the finaldraft of the constitutional act by a two-thirds majority vote of all itsmembers.

Art. 181

(1) In the discussion of the final draft of theconstitutional act, the National Assembly debates and votes on the articles andthe final draft of the constitutional act in its entirety.

(2) No amendments may be tabled to the final draft ofthe constitutional act.

(3) If the final draft of the constitutional act isnot adopted, the procedure for amending the Constitution is terminated.