Rules of Procedure
A Rules (abbreviation: GO , English rules of order , rules of procedure ) is all the guidelines and rules that are particular to a collegial body for the purpose of a systematic workflow is.
General
The collegial bodies include, in particular, bodies , committees , parliaments , municipalities , associations , committees , authorities or parties .
If several people meet to discuss and decide on an issue , the course of this meeting can only achieve the planned goal in a reasonable amount of time ( time management ) if organizational arrangements are specified in the rules of procedure. Rules of procedure regulate the procedure according to which the existing tasks are to be carried out. They can be in writing, but can also be agreed verbally in advance. However, sometimes there are no rules of procedure at all, so certain procedures are practiced as common law . But even the most detailed written rules of procedure will not be able to regulate all eventualities in advance. The German Bundestag, for example, has comprehensive written rules of procedure, but is often forced to make new rules on a case-by-case basis. Rules of procedure have a purely internal effect and therefore do not affect the legal circle of external legal entities .
content
The contents of rules of procedure can vary widely depending on the type of meeting and the circumstances, but basic characteristics can be identified. The typical rules of procedure begin with the opening of a meeting and thus delimit the non-binding conversation before the start of the meeting with a formal opening by the chairman (e.g. ringing bells). One of the protocol recommended authored session protocol maintains this opening and the further steps. The following actions under the authority of the chairman of the meeting are of legal significance. In the case of meetings with votes , the quorum must then be determined, followed by the approval of the agenda , the reports of meeting members including the right to speak and speaking time, the votes on individual agenda items and the end of the meeting .
Tactical means of the meeting are the rules of procedure , which can be made by all meeting members, and the call to order , which the chairman of the meeting can issue as a regulatory measure to warn individual members.
Major rules of procedure
The rules of procedure of the European Parliament are provided for in Art. 232 TFEU , the rules of procedure for the European Commission in Art. 249 (1) TFEU. The rules of procedure of the German Bundestag are required by law in Article 40.1 sentence 2 of the Basic Law and came into force for the first time in January 1952. A Rules of Procedure of the Federal Government sees Art. 65 of the Basic Law states that it first emerged in May 1951. The existing since September 1950 Rules of Procedure of the Federal Council , however, is not codified in constitutional law. In the case of a stock corporation , the Stock Corporation Act (AktG) provides rules of procedure for all three of its organs. The board of directors of the stock corporation can set up rules of procedure for itself in accordance with Section 77 (2) AktG, the supervisory board in accordance with Section 108 (4) AktG, and the general meeting can establish rules for preparation and implementation in accordance with Section 129 (1) AktG with the help of rules of procedure give to the general meeting.
The most common set of rules of order in the United States is Robert's Rules of Order .
Delimitations
While the rules of procedure act as a superordinate set of rules, the agenda deals with the specific sequence of topics in a meeting or conference . Above the rules of procedure, in turn, there is the statute for institutions organized under private law or the public statute, which as legal norms organize the entire institution.
literature
- Thorsten Ingo Schmidt: The rules of procedure of the constitutional organs as individual, abstract regulations of internal law. In: Archives of Public Law 128, 2003, ISSN 0003-8911 , pp. 608-648.
- Hermann Meier: Regarding the rules of procedure 3rd edition Wiesbaden 2011 ISBN 3-531-17835-0
Web links
- Rules of Procedure of the German Bundestag . Archived from the original on July 4, 2010. Retrieved December 18, 2011. (PDF; 15 kB)
- Sample rules of procedure for associations (PDF; 25 kB)
Individual evidence
- ↑ Hermann Meier, Regarding the Rules of Procedure: Technology and Tactics at Assemblies, Meetings and Discussions , 2003, p. 89
- ↑ Hermann Meier, Regarding the Rules of Procedure: Technology and Tactics at Assemblies, Meetings and Discussions , 2003, p. 39