Rules of Procedure

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In the case of collegiate bodies, a motion for rules of procedure , in Switzerland a motion for a regulation , is the motion made by members entitled to vote and based on the rules of procedure for the procedure or the agenda or list of items on the agenda .

Germany

The rules of procedure summarize all regulations that affect the course of a meeting . In general, motions can be introduced by the members in meetings , which represent either substantive motions or procedural motions . While substantive motions are intended to bring about a substantive decision on the matter to be discussed, the procedural motion relates to formal procedural questions. The procedural request is the request to influence the ongoing procedure in a manner specified in the procedural rules.

All committees in which the meeting is based on rules of procedure and the content of which is to be voted on can also provide for procedural rules. This includes in particular parliaments , political parties , company meetings , general meetings or general meetings .

The best known is the procedural motion in the Bundestag . Pursuant to Section 29 (1) of the Rules of Procedure of the German Bundestag , the President of the German Bundestag gives priority to the floor on a proposal for a procedure . The request must relate to the item under discussion or to the agenda.

In the municipal ordinances, in particular, rules of procedure for the end of the debate, closing of the list of speakers, referral to a committee, interruption, adjournment, exclusion or restoration of the public, roll-call or secret ballot are provided.

Austria

Austria knows the possibility of submitting motions on a specific agenda item as well as motions on the rules of procedure with regard to the procedural course of the meeting, such as the request to expel the public or the request to postpone the subject. They are treated like bills.

Switzerland

In Switzerland , requests for order concern the procedure (for example, breaking off the deliberations, changing the agenda, returning to a specific article of the business). They can be submitted at any time and are usually dealt with immediately by the council. The Federal Council , the Federal Assembly , parliamentary groups , commissions and council members have the right to propose orders .

Other countries

In the House ( English House of Commons ) had (until 1998 someone a procedural motion English of order point wanted to ask), wear a hat. This particular dress code has since been dropped.

According to Art. 184a Rules of Procedure of the European Parliament (GOEP), members can be given the floor to inform the President of a violation of the Rules of Procedure. A request to speak on the rules of procedure has priority over all other requests to speak or motions about the procedure. According to Art. 185 GOEP, requests to speak on the following procedural requests have priority over other requests to speak:

  • the application for a declaration of inadmissibility of a subject under discussion (Art. 187 GOEP),
  • the request for referral back to a committee (Art. 188 GOEP),
  • the motion to end the debate (Art. 189 GOEP),
  • the motion to postpone the debate or vote (Art. 190 GOEP) or
  • the request to interrupt or close the meeting (Art. 191 GOEP).

In the US House of Representatives ( English House of Representatives ), the House Rule I, clause 5 to the speaker ( English speaker ) to the sole right to decide on procedural motions. He suspends the proceedings until the speaker has decided on the validity of the claim. Such a point of order is in substance an appeal ( english objection ) with which it is alleged that the forthcoming issue or practice is a violation of the rules of procedure.

literature

  • Hermann Meier: Regarding the rules of procedure - technology and tactics at assemblies, meetings and discussions VS Verlag für Sozialwissenschaften Wiesbaden 2011, ISBN 978-3-531-17835-6
  • Hermann Meier: The Rules of Procedure - How to Work Successfully in Committees Series Springer Essentials: VS Verlag für Sozialwissenschaften Wiesbaden 2015, ISBN 978-3-658-09243-6
  • Hans Achim Roll: Rules of Procedure of the German Bundestag - Commentary Nomos-Verlag Baden-Baden 2001 ISBN 3-7890-6503-X
  • Hans-Peter Schneider, Wolfgang Zeh (ed.): Parliamentary law and parliamentary practice in the Federal Republic of Germany. Walter de Gruyter, Berlin 1989, pp. 906-916.

Web links

Wiktionary: Rules of procedure  - explanations of meanings, word origin, synonyms, translations

Individual evidence

  1. ↑ Ernst-Dieter Bösche, Handbook for Council and Committee Members in North Rhine-Westphalia , 2014, oS
  2. ↑ Hermann Meier, Regulations , 2011, p. 91
  3. ↑ Ernst-Dieter Bösche, Handbook for Council and Committee Members in North Rhine-Westphalia , 2014, o. P.
  4. ↑ Karim J. Giese / Martin Huber, Commentary on the Sbg GdO , 1994, § 24 Rz 3 and 4
  5. ^ House of Commons, Hansard Debates for 4 June 1998 , pt 19
  6. ↑ Jörg Semmler, The Office of the Speaker of the House of Representatives in the American System of Government , 2002, p. 325
  7. ↑ Jörg Semmler, The Office of the Speaker of the House of Representatives in the American System of Government , 2002, p. 84