The organization and the operation of the Parliament Uni- or bicameral legislature Institutional existence Legislation

Uni- or bicameral legislature Federal states: USA, Germany Simple states: Netherlands > the independence of the Parliament from the executive power, divison of the parlamentary authority - Senate (single district system, 6 years): the Government doesn’t depend on it and it can’t be disolve; interpellation, boards of inquiry; the legislature’s control of constitutionality (proposal to the Constitutional Court, instead of law adopted by two-thirds majority the senate assents-French system) - House of Commons (party list, 3 years)

Institutional existence a) Continuity >Dutch Constitution (1983): continous term Hungarian Constitution: two regular session (1 Febr.- 15 June and 15 Sept.-15 Dec.) + extraordinary sitting requests by the President of the Republic, the Government or one-fifth of the Members of Parliament, but agenda: matter of the plenary The sessions follow one other - not ahead of the reasonable term (DECISION 4/1999 AB) b) Mandate: the restriction of the power, democratic legitimation > shortening (Madison 53., Federalist after one year: tyranny) c) Dissolving: self-dissolving(GB+H, but NOT by national referendum) the President of the Republic in Germany (1982) didn’t put up new PM candidate d) Collective characters: - committees: standing, ad hoc, investigating - fractions: DECISION 27/1998 AB > over 5 %, but under faction-minimum

Legislation - Primary and exclusive task > can’t delegate-except: German Enabling Act, socialist law-decrees - The main restriction of the mandate: rights (US Constitution, Bill of Rights;GG: substantial content), libertarial uptake: in minimal grounds; welfare state: comprehensive regulation - The necessity of the regulation: legislature’s discretion > no judicial revision, but omission (Constitutional Court)! -Content definition: administrative bureaucracy, because the Goverment’s right for law-initiative is determinant - Exlusive legislation matter: acts on basic rights (Constitution Article 8. (2)); acts on organization (Constitutional Court, Local Governments, Judiciary, Office of the Public Prosecutor, Ombudsman, State Audit Office); acts called independently (budget, symbols) -In respect of passing of a resolution: Constitution, law adopted by two- thirds majority, law adopted by simple majority (Office of the Public Prosecutor)

Legislative process The beginning (initiation of act) and the end (promulgation) in the Constitution The middle: act on legislation + House Rules > whether their violation can cause unconstitutionality? (DECISION 7/1992 AB the lack of the preparing time is not enuogh; DECISION 62/2003 AB the violation of the standing orders’ provisions of the rehearing is of constitutional importance) Outside the Parliament: - national referendum, popular initiative > special act - professional, political factors > act on legislation, social debate, Inside the Parliament: the House Rules

Initiation of an act the President of the Republic: irresponsibility, lack of apparatus; put down in the agenda! the Members of Parliament: forward restricted, designated committee, but the fraction’ s support is six times a parlamentary session > the Parliament decides the Goverment: determinant the Committees: initiation of an act, report Extraordinary process > „special legislation” (delegated): four-fifth majority of the Parliament (not Members of Parliament) Designated committee can amend within 21 days, debate within 30 days > Parliament: one division

The procedure of the bill Handing in to the Speaker of the Parliament > reporting, designated committee Significant bills: - more readings > budget, appropriation accounts - principles + text of the bills Generally one ground (about the bill), but comprehensive debate and second reading of a bill Comprehensive debate: necessity, sutitable to putting at second reading First table motion (the Government: statement) > if not: the first speaker, the recommandation of the designated committee (+ minority opinion); the recommandation of the interested committees Groups of MPs, independent people The rejoinder of the tabling person proposed amendments: the designated committee until the conclusion of the comprehensive debate, if it isn’t > no second reading > decision

Put at second reading or within 30 days further proposed amendments – only: connect to the designated committee The tabling person > until the closing division: withdrawel (after the conclusion of the second reading with the consent of Parliament) or ask it back for rewriting The conclusion of the second reading: -division about the proposed amendments (the Goverment OK: together, the leader of the fraktion: max. 3, separate) -closing decision (min. 5 days): before its beginning coherence confusion (Committee on Constitution) Signiture: within 15 (5) days:signiture political veto constitutional veto

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