|
I.
MEMBERS OF THE SAEIMA
1. The
Saeima shall consist of 100 representatives of the people—Members of the
Saeima, whose mandates have been approved by the Saeima.
2. The
Saeima shall elect the Mandate, Ethics and Submissions Committee, whose
members shall verify election documents and investigate complaints about
the elections if such complaints have been submitted to the Central
Election Commission not later than four days after the official election
results have been announced in accordance with the procedure prescribed
by law.
(As amended by
the 2 March 2006 Law)
3. (1) At
a Saeima sitting, after the report by the Mandate, Ethics and
Submissions Committee, the Members, in alphabetical order, shall take a
solemn oath:
“I, upon
assuming the duties of a Member of the Saeima, before the people of
Latvia, do swear (solemnly promise) to be loyal to Latvia, to strengthen
its sovereignty and the Latvian language as the only official language,
to defend Latvia as an independent and democratic state and to fulfil my
duties honestly and conscientiously. I undertake to observe the
Constitution and laws of Latvia.”
(2) A Member
shall take the oath in the Latvian language and shall confirm it with
his/her signature.
(3) The Members
shall take the solemn oath at the rostrum. If a Member is a person with
a physical disability preventing him/her from reaching the rostrum, the
Member may take the solemn oath while remaining in his/her seat in the
Plenary Chamber.
(4) After taking
the solemn oath, the Saeima shall rule on the mandates of the Members
(Article 18 of the Constitution).
(As amended by
the 2 March 2006 Law)
4. (1) A Member shall enjoy all
the rights of a Saeima Member until the expiry of his/her mandate.
(2) The mandate
of a Member shall expire as of the moment:
1) a newly
elected Saeima has been convened;
2) the Member has given notice of his/her resignation,
and the mandates of another Member has been approved to replace him/her
(Articles 5 and 6);
3) the Member has
been expelled from the Saeima (Article 18);
4) the Member has
died.
(As amended by
the 6 May 1996 Law)
41. (1) A Saeima Member
has the right to pregnancy and child-birth leave, paternity leave,
child-adoption leave and child-care leave. Articles 154, 155 and 156 of
the Labour Law apply to these types of leave unless stated otherwise in
the Rules of Procedure.
(2)
During pregnancy and
child-birth leave, paternity leave, child-adoption leave, as well as
child-care leave, a Member keeps his/her employee status in the relevant
Saeima convocation.
(As amended by
the 15 June 2006 Law)
5. (1) A Saeima Member shall
have the right to give up his/her mandate during his/her term of office
as Prime Minister, Deputy Prime Minister, Minister, State Minister or
during pregnancy and child-birth leave, child adoption leave, as well as
child-care leave. Upon receiving notice about the giving up of a
mandate, the Presidium of the Saeima (hereinafter—the
Presidium) shall invite the next candidate to become a Saeima Member and
shall notify the Mandate, Ethics and Submissions Committee thereof. The
Mandate, Ethics and Submissions Committee shall verify the election
documents and shall notify the Saeima of the results of this
verification, and the Saeima, by its decision, shall approve the mandate
of the said candidate.
(2) Prime
Minister, Deputy Prime Minister, Minister or State Minister who, in
accordance with the provisions of this Article, has given up his/her
mandate as a Saeima Member may renew this mandate if he/she resigns from
the office of Prime Minister, Deputy Prime Minister, Minister or State
Minister or if the Government resigns. The Prime Minister's, Deputy
Prime Minister's, Minister's or State Minister's application for the
renewal of the mandate of a Member may be submitted to the Presidium
within one week from the date when he/she has resigned from the office
of Prime Minister, Deputy Prime Minister, Minister or State Minister.
(21) A Saeima Member who,
in accordance with the procedure set forth in this Article, has given up
his/her mandate during pregnancy and child-birth leave, child-adoption
leave, as well as child-care leave may renew his/her mandate if he/she
has decided to terminate pregnancy and child-birth leave, child-adoption
leave or child-care leave. To renew a mandate, the Saeima Member must
submit a petition to the Presidium not more than seven days before
he/she intends to terminate pregnancy and child-birth leave,
child-adoption leave or child-care leave.
(3) The Presidium
shall submit the application mentioned in paragraph 2 and paragraph 21
of this Article to the Mandate, Ethics and Submissions Committee, which
shall inform the Members of the Saeima thereof at the next Saeima
sitting. As of the moment of this announcement, the mandate of the
Member invited under paragraph 1 of this Article shall end, and the
mandate of the Member who had given it up for the term of office as
Prime Minister, Deputy Prime Minister, Minister, State Minister or
during pregnancy and child-birth leave, child-adoption leave or
child-care leave shall be renewed.
(4) If a
candidate has already been included in the Saeima as its Member under
paragraph 1 of this Article, he/she shall not be invited to become a
Saeima Member to replace another Member who gives up the Saeima mandate
for the term of his/her office as Prime Minister, Deputy Prime Minister,
Minister, State Minister or during pregnancy and child-birth leave,
child-adoption leave or child-care leave.
(5) If two or
more Members elected from the same list and in the same constituency
have given up their mandates under paragraph 1 of this Article and if
the mandate of one of such Members is renewed, the mandate of the Member
who was the last to become a Saeima Member from the respective list and
constituency under paragraph 1 of this Article shall end.
(As amended by
the 6 May 1996 Law, the 7 October 1998 Law, the 2 March 2006 Law and the
15 June 2006 Law)
6. (1) If a Member has died, has
submitted notice of his/her resignation from the Saeima, has been
expelled from the Saeima, or if his/her mandate has not been approved,
as well as in the case referred to in paragraph 3 of this Article, the
Presidium, in accordance with the Saeima Election Law, shall invite the
next candidate from the list to become a Saeima Member and shall notify
the Mandate, Ethics and Submissions Committee thereof. The Mandate,
Ethics and Submissions Committee shall verify the election documents and
shall notify the Saeima of the results of this verification. After the
said candidate has taken the solemn oath in accordance with the
procedure set in Article 3, the Saeima shall rule on approving his/her
mandate as a Member.
(2) If a
candidate has refused to become a Saeima Member in the case provided for
in paragraph 1 of Article 5, this shall not prevent the Presidium from
inviting him/her to become a Saeima member in the cases provided for in
paragraph 1 of this Article.
(3) If a
candidate has taken the place of a Saeima Member who has given up
his/her mandate for the term of office as Prime Minister, Deputy Prime
Minister, Minister, State Minister or pregnancy and child-birth leave,
child-adoption leave or child-care leave (Article 5), this shall not
prevent the Presidium from inviting this candidate to become a Saeima
Member in the cases provided for in paragraph 1 of this Article. In this
case, in accordance with the provisions of paragraph 1 of Article 5,
another candidate from the respective list shall be invited to become a
Saeima Member to replace the Member who has given up his/her mandate for
the term of office as Prime Minister, Deputy Prime Minister, Minister,
State Minister or during pregnancy and child-birth leave, adoption
leave, child-care leave. If there are no more candidates on the
respective candidate list or if none of the candidates from the list
agrees to become a Saeima Member, the mandate shall be renewed to the
relevant Prime Minister, Deputy Prime Minister, Minister, State Minister
or a Saeima Member on pregnancy and child-birth leave, child-adoption
leave or child-care leave.
(As amended by
the 6 May 1996 Law, the 24 October 2002 Law, the 2 March 2006 Law and
the 15 June 2006 Law)
7. Every
Member is obliged to participate in the work of the Saeima.
8. (1) A Member
shall be permitted to be absent from the work of the Saeima for not
longer than one week, provided that he/she has informed the Presidium
and has requested leave in advance. This right shall not be used more
than once during each session. This leave shall be unpaid and granted
for a specific period of time.
(2) The Presidium
shall submit the Member's request for leave together with its opinion to
the Saeima in order that a decision be made (Article 54). In cases of
urgency, the Presidium itself shall make a decision about the leave of a
Member and shall inform the Saeima thereof at its next regular sitting.
(3) Requests for
extending leaves shall be reviewed in accordance with the same procedure
(Article 54).
(As amended by
the 6 May 1996 Law)
9. Each Member shall inform the
Saeima Chancellery of his/her address and telephone number and shall
receive a Member's identity card issued by the Presidium. The Member
shall inform the Saeima Chancellery of his/her new address or telephone
number if these have been changed and of his/her address during the
recess of the Saeima.
10. Restrictions and obligations of Saeima Members concerning their business
activities, income and performance of work outside the Saeima shall be
prescribed by the Law on “Prevention of Conflict of Interests in
Activities of Public Officials”.
(As amended by
the 6 May 1996 Law and the 2 March 2006 Law)
11. If a person holding a position incompatible with the
position of a Member is elected to the Saeima, he/she shall either leave
this position or give up his/her mandate as a Saeima Member within one
month from the date his/her mandate has been approved.
(As amended by
the 6 May 1996 Law)
12. (1) While
in office, a Member shall receive a salary in accordance with the
procedure and schedule set by the Presidium. The basic salary of a
Member should be correlated with the average salary in the country’s
public sector for the previous year, as published in the official report
of the Central Statistical Bureau, rounded to full lats. When
calculating the amount of the Member’s salary, a coefficient of 3.2
shall be applied. The Member’s remuneration shall be recalculated
annually after the amount of average salary in the country’s public
sector for the previous year is published in the official report of the
Central Statistical Bureau. Recalculated salaries, premiums,
remunerations for participation in the work of the Saeima standing
committees, money for representation expenses and compensations are paid
starting from 1 April of every year.
(2) Saeima
officials shall receive a premium in addition to their salary. The
premiums shall be calculated by applying the following coefficients:
1) 2—for the
Speaker of the Saeima;
2) 1.7—for the
Deputy Speaker;
3) 1.7—for the
Secretary of the Saeima;
4) 1.6—for the
Deputy Secretary;
5) 0.5—for the
chairperson of a parliamentary group;
6) 0.4—for the
deputy chairperson of a parliamentary group;
7) 0.5—for the
chairperson of a standing committee;
8) 0.4—for the
deputy chairperson of a standing committee;
9) 0.4—for the
secretary of a standing committee;
10) 0.3—for the
chairperson of a subcommittee;
11) 0.2—for the
secretary of a subcommittee.
(3) A Member
shall receive remuneration for participation in the work of the Saeima
standing committees (hereinafter—committees). The remuneration shall be
calculated on the basis of the official report of the Central
Statistical Bureau referred to in paragraph 1 of this Article and by
applying the following coefficients:
1) 0.06—for work
at a committee meeting;
2) 0.03—for work
at a subcommittee meeting.
(4) Each Member
shall be paid money for representation expenses, the amount of which
shall be calculated on the basis of the official report of the Central
Statistical Bureau referred to in paragraph 1 of this Article and by
applying a coefficient of 0.35.
(5) Members’
salaries, premiums to the Presidium members and officials of the
committees and parliamentary groups, remuneration of Members for
participation in the work of the committees shall be paid from the
Saeima budget allocations and shall be taxable as prescribed by law.
(As amended by
the 16 May 2002 Law and the 24 October 2002 Law and the 13 December 2007
Law)
13. (1) A
Member shall be entitled to receive a salary beginning with the first
Saeima sitting convened after the elections or as of the date when
he/she has become a Saeima Member (Articles 5 and 6).
(2) A Member
whose mandate expires at the end of the term of office of the Saeima and
who has not been elected to the next Saeima shall be entitled to a
lump-sum payment in the amount of three average monthly salaries.
(3) A Member
whose mandate expires because of the renewal of a mandate to a Member
who had given it up for his/her term of office as Prime Minister, Deputy
Prime Minister, Minister, State Minister or during pregnancy and
child-birth leave, child-adoption leave or child-care leave shall be
entitled to a lump-sum payment in the amount of three average monthly
salaries.
(4) A person who,
in accordance with the procedure set in Article 6, has become a Saeima
Member within three months after the expiry of his/her previous Saeima
mandate shall not be entitled to receive the lump-sum payment mentioned
in paragraph 2 of this Article. In this case, the Member shall receive
the payment for the period starting from the date of the expiry of
his/her mandate as a result of the end of the Saeima’s term of office
until the date of his/her becoming a Member of the Saeima of the new
convocation. The Member shall receive the payment in monthly instalments
which shall not exceed one average monthly salary. The payment shall be
terminated on the first day of the month after the month when the person
has again become a Member of the Saeima.
(As amended by
the 6 May 1996 Law, the 24 October 2002 Law, the 15 June 2006 Law and
the 15 May 2008 Law)
14. (1) If a
Member has incurred expenses while fulfilling his/her duties, these
expenses shall be reimbursed from the Saeima budget allocations in
accordance with the procedure and schedule set by the Presidium.
(2) A Member
shall be reimbursed from the Saeima budget for the following:
1) accommodation
expenses if the Member does not live in Riga and if in order to fulfil
his/her duties as a Member he/she needs to pay for accommodation in
Riga. Accommodation expenses shall be reimbursed according to the actual
expenditure by applying a coefficient of 1.26 to the amount mentioned in
the second sentence of paragraph 1 of Article 12.
2) transport
expenses in the territory of Latvia by applying a coefficient of 0.15 to
the amount mentioned in the second sentence of paragraph 1 of Article
12. A Member is entitled to additional reimbursement of transport
expenses according to the actual expenditure by applying the following
coefficients to the amount mentioned in the second sentence of paragraph
1 of Article 12:
a) 0.43—for a
Member living in Riga or within 60 km of Riga,
b) 0.67—for a
Member living from 60 km to 150 km from Riga,
c) 0.9—for a
Member living farther than 150 km from Riga.
3) communication
expenses by applying a coefficient of 0.2 to the amount mentioned in the
second sentence of paragraph 1 of Article 12.
(3) For the
purposes of subparagraph 2, paragraph 2 of this Article, actual
expenditures shall be those for the use of inter-city public transport
and those for the use of the vehicle owned or possessed by a Member.
(4) Transport
expenses shall not be reimbursed to Members who, as officials of the
Saeima, have been assigned a car for needs related to fulfilling their
duties.
(5) Members shall
be entitled to receive reimbursement for business trip expenses
(travel, accommodation, representation and transport
expenses, per diem, premiums), and these expenses shall be reimbursed
according to actual expenditures.
(6) The procedure
and amounts of reimbursement mentioned in paragraph 5 of this Article
shall apply also to the employees of the Saeima who have been on a
business trip approved by the Presidium.
(7) Amounts of
reimbursement mentioned in this Article, as well as representation
expenses mentioned in Article 12, are tax exempt. Representation
expenses mentioned in paragraph 4 of Article 12 and transport expenses
mentioned in the first sentence of the subparagraph 2, paragraph 2 of
Article 14, as well as communication expenses mentioned in subparagraph
3, paragraph 2 of Article 14 are reimbursed without submission of
documents stating the factual amount of expenses.
(As amended by
the 24 October 2002 Law and the 16 June 2005 Law)
(8) Information
about the total sum paid to a Member (monthly salary, premiums,
representation expenses and reimbursement) shall be available to the
public.
(As amended by the 16 May 2002 Law,
the 24 October 2002 Law and the 16 June 2005 Law)
15. (1) Members
who are excluded from the Saeima sittings or do not appear at Saeima
sittings and do not have a valid excuse or violate the requirements of
Article 8 shall pay a fine equivalent to 20% of their basic monthly
salary for each sitting missed. The fine shall be deducted from their
salary.
(2) In order to
establish the presence of Members, the Presidium shall conduct
registration three times during each sitting. A Member shall be deemed
to be present if he/she has registered himself/herself three times. The
presence of a Member at a sitting which has not been held (Article 46)
shall be established according to the last registration for the quorum.
(3) If a sitting
has been closed because there was no quorum (Article 48), another
registration shall be called after the last voting in order to establish
the presence of Members.
(4) After the
registration of Members, any Member may request the person chairing the
Saeima sitting to immediately verify, with the help of tellers (Article
24), whether a particular Member is actually present at the sitting.
(5) The Presidium
shall verify the reasons for which a Member has been absent from the
Saeima sitting and shall impose a penalty if the Member has no valid
excuse for his/her absence.
(As amended by
the 6 May 1996 Law, the 16 December 1999 Law and the 28 October 2004
Law)
16. The
leaves of Members, as well as missed sittings and imposed penalties,
shall be recorded in a special register.
17. (1) Upon
the request of the Mandate, Ethics and Submissions Committee, the Saeima
shall rule whether it approves of initiating criminal prosecution of a
Saeima Member, his/her arrest, search of his/her place of residence or
any other restriction on the personal freedom of a Saeima Member.
(2) If the Saeima
agrees that criminal prosecution of a Saeima Member be initiated, the
respective Saeima Member shall lose the right to participate in the
sittings of the Saeima, meetings of its committees and other
institutions to which this Member has been elected or appointed by the
Saeima until the charges are dismissed or until the court sentence
enters into force. During this time the Prosecutor's Office and the
court have the right to apply any of the coercive measures applicable
under the criminal procedure laws.
(3) If a Member
has been arrested, such a Member shall lose the right to participate in
the sittings of the Saeima, meetings of its committees or other
institutions to which this Member has been elected or appointed by the
Saeima.
(4) Upon the request of the Mandate, Ethics and
Submissions Committee, the Saeima shall rule whether it agrees that
administrative charges be brought against a relevant Member, that he/she
be forcefully brought to the court, that a Member or his/her property be
searched, or that documents possessed by this Member be seized.
(5) A draft
resolution submitted under paragraph 1 or 4 of this Article shall not be
regarded as an independent motion.
(As amended by
the 6 May 1996 Law, the 7 October 1998 Law and the 2 March 2006 Law)
18.
(1) A Member who has been convicted of a criminal offence
shall be considered expelled from the Saeima as of the date when the
sentence comes into force.
(2) A Member may
be expelled from the Saeima by a decision of the Saeima if, upon
approval of his/her mandate, it is established that he/she:
1) as been
elected in violation of the provisions of the Saeima Election Law;
2) lacks command
of the official language at the level necessary for the performance of
his/her professional duties;
3) holds a
position which is incompatible with the mandate of a Saeima Member;
4) during the
period of a current session has been absent from more than half of all
the Saeima sittings without a valid excuse;
5) has committed
a crime in a state of diminished responsibility or, after committing the
crime, has become mentally ill, which made him/her incapable of taking a
conscious action or controlling it;
6) has been
legally qualified as incapacitated.
(As amended by
the 7 October 1998 Law, the 13 December 2007 Law and the 15 May 2008
Law)
19. If a
Member has been suspended from participating in the work of the Saeima
on the basis of Article 17 of this Law, he/she shall lose entitlement to
the reimbursement prescribed in paragraph 2 of Article 12 and Article
14, as well as money for representation expenses prescribed in Article
12, and his/her salary shall be reduced by 50 %. If arrest as a security
measure has been applied to a Member, the payment of salary shall be
suspended for the period of arrest as well. If the case in a criminal
matter has been dismissed and if the Member has been found not guilty or
has been acquitted, he/she shall receive the full amount of salary,
reimbursement and money for representation expenses not paid to him/her
during the time of his/her suspension from office.
(As
amended by the 7 October 1998 Law, the 13
December 2007 Law and
the 15 May 2008 Law)
191. Former Members of the Saeima, as well as those Members of the Supreme
Council of the Republic of Latvia who voted for the 4 May 1990
Declaration "On the Renewal of the Independence of the Republic of
Latvia", are granted admission to the Saeima buildings. Members who have
been expelled from the Saeima shall not enjoy this right (Article 18).
(As amended by the 7 October 1998 Law)
II.
SAEIMA OFFICIALS
20. The
Saeima Presidium shall include the Speaker of the Saeima, two Deputy
Speakers, the Secretary and the Deputy Secretary.
21. (1) The
Speaker shall represent the Saeima and shall chair and maintain order
during the Saeima sittings. During the Speaker’s absence and upon mutual
consent, his/her duties shall be fulfilled by one of the Deputy
Speakers. The Speaker and the Deputy Speakers shall divide the current
responsibilities among themselves, including the duty of chairing the
Saeima sittings.
(2) The Speaker
shall promulgate in the newspaper Latvijas Vçstnesis decisions of
general significance adopted by the Saeima. This provision shall also
apply to the cases referred to in Articles 30 and 301.
(3) The Speaker
shall appoint the head of the Speaker’s Office.
(As amended by
the 6 May 1996 Law, the 15 May 2008 Law and the 11 December 2008 Law)
22. The
Secretary and the Deputy Secretary shall ensure that minutes be taken
during the Saeima sittings and, if necessary, they shall read out
documents during the Saeima sittings, check the transcripts and
supervise the work of the Saeima Chancellery, mutually agreeing upon how
to divide these responsibilities among themselves.
23. (1) The
Presidium shall:
1) determine
the procedure regarding visiting the Saeima building and conduct
therein, as well as
the internal rules and work procedures of the Saeima
Chancellery and other organizational units of the Saeima;
2) appoint and
dismiss the heads of the Saeima organizational units, with the exception
of the head of the Speaker’s Office;
3) give opinions
on the documents submitted and forward these documents as prescribed by
the Rules of Procedure;
4) in
coordination with the Council of Parliamentary Groups (Article 190),
resolve issues which cannot be settled through the Rules of Procedure
and the Saeima decisions;
5) decide on
business trips and the payment of expenses for these trips;
6) prepare the
agenda of the Saeima sittings.
7) decide upon the staff list of the
Saeima and the remuneration of the Saeima employees;
8) set the procedure for granting
health insurance and accident insurance to Members of the Saeima and the
Saeima employees, as well as a system of benefits and system for
granting remunerations for the Saeima staff by taking into account the
system of benefits and remunerations for civil servants;
9) appoint a Saeima representative at
the Constitutional court if the Saeima has not ruled otherwise.
(2) The
proceedings of the Presidium meetings shall be audio-recorded and, if
necessary, a transcript of a particular part of the meeting shall be
made. The opinions given and decisions taken shall be entered into the
minutes of the Presidium meeting. Documents submitted to the Presidium
shall be attached to the minutes. The minutes of the Presidium meeting
shall be signed by the person chairing the meeting—the Speaker or a
Deputy Speaker—and the Saeima Secretary or the Deputy Secretary.
(3) The Saeima Chancellery shall hire
the head of the
Speaker’s Office and
assistants and advisors to the Presidium members for the
term of office of the latter and shall dismiss these employees upon the
initiative of the relevant Presidium member in accordance with the
procedure set by the Labour Law. The limitation of the term of
employment contract specified in paragraph 1 of Article 45 of the Labour
Law shall not apply to the above employees.
(As amended by
the 16 December 1999 Law, the 18 January 2001 Law, the 16 May 2002 Law,
the 24 October 2002 Law, the 11 December 2008 Law and the 10 December
2009 Law; accident insurance shall apply as of 1 January 2003, see
paragraph 1 of the Transitional Provisions of the 24 October 2002 Law.)
231. Disputes regarding
administrative documents and actual activity of the Saeima Chancellery
and other organizational units of the Saeima can be brought before the
Saeima Presidium. The decision of the Saeima Presidium can be appealed
according to the procedure set by the Administrative Procedure Law.
(As amended by the 13 December 2007
Law)
232. An
individual who wishes to visit the Saeima building must obtain a pass
and observe the rules for visiting the Saeima building, regulations
pertaining to security and public order, as well as rules of ethics and
generally accepted norms of conduct; visitors must not endanger the
democratic state system, infringe on the rights of other persons or
disturb the work of the Saeima Chancellery or other organizational units
of the Saeima. Persons who have the legal right to do so shall take the
necessary measures to ensure that these requirements are observed.
(As supplemented by the 10 December
2009 Law)
24. In cases
of a secret ballot when the voting at a Saeima sitting takes place by
using ballot papers and in other necessary cases, the votes are tallied
by tellers elected from among the Members.
III.
ELECTION, APPROVAL, APPOINTMENT, RESIGNATION OR DISMISSAL OF OFFICIALS,
A VOTE OF CONFIDENCE OR NO CONFIDENCE
(As amended by the 6 May 1996 Law)
25. Saeima
Members shall submit in writing nominations for the positions of the
members of the Saeima Presidium, the President and the Auditor General
to the Presidium. The signature of the person submitting the nomination
shall indicate that the nominee has given his/her consent to the
nomination.
26. (1) Voting on the nominees for each position referred to in Article 25
shall be held simultaneously by secret ballot and by using ballot papers
(2) The nominee
who has received the greatest number of votes shall be deemed elected;
however, the number of votes should not be less than the absolute
majority of votes of the Members present.
(3) The President
shall be deemed elected with a majority of at least fifty-one votes
(Article 36 of the Constitution).
(4) If during the
first round of elections no one has received the necessary number of
votes to be elected, then runoff elections take place in accordance with
the procedure set in paragraph 1 of this Article. If during the runoff
elections no one has been elected, runoff elections are repeated,
excluding in each subsequent election the nominee who has received the
least number of votes in the previous round. Runoff elections shall be
repeated until one of the nominees receives the necessary number of
votes to be elected.
(5) If during the
last round of runoff elections no one receives the necessary number of
votes to be elected, then a new election shall be held in accordance
with the provisions of Article 25 and paragraphs 1–4 of this Article.
Nominees not elected during the previous elections may be nominated for
each new election.
27. (1) When
the Cabinet of Ministers has been formed, the candidate to the office of
Prime Minister invited by the President shall notify the Speaker thereof
and shall submit a statement about the planned work of the Cabinet and
the draft resolution to be adopted by the Saeima.
(2) Copies of the
above documents shall be distributed to Members without delay.
(3) If no
proposal has been made to call an extraordinary session or an
extraordinary sitting of the Saeima, the Presidium shall put the said
notification and the draft resolution as the first item on the agenda of
the next regular sitting of the Saeima.
28. The draft
resolution of the Saeima on a vote of confidence in a Deputy Prime
Minister, a Minister or a State Minister, invited or appointed by the
Prime Minister later, shall be submitted to the Speaker by the Prime
Minister.
29. (1) The
draft resolution of the Saeima on a vote of no confidence in the
Cabinet, the Prime Minister, a Deputy Prime Minister, a Minister or a
State Minister may be submitted in accordance with the provisions of
Article 130 or may be submitted as a separate draft resolution of the
Saeima.
(2) The above
draft resolution of the Saeima may be submitted by a Saeima committee or
by at least ten Members, and it shall not be regarded as an independent
motion. Copies of the draft resolution shall be distributed to Members
without delay.
(3) The above
draft resolution of the Saeima shall be put on the agenda of a Saeima
sitting not earlier than five days and not later than ten days after its
distribution to Members, but if such a draft resolution was submitted
during the recess of the Saeima, it shall be put on the agenda not later
than ten days after the beginning of the regular session and shall be
reviewed in one reading.
(4) The report on
the above draft resolution shall be made by:
1) a rapporteur
elected by the relevant Saeima committee if the draft resolution has
been submitted by a Saeima committee;
2) the Member who
has been the first to sign the draft resolution if the draft resolution
has been submitted by ten or more Members unless the submitters have
agreed otherwise.
30. If the
annual draft budget submitted by the Cabinet is rejected by the Saeima
at the first or second reading, it shall be regarded as a vote of no
confidence in the Cabinet.
(As amended by
the 17 October 1996 Law)
301. (1) The Prime Minister may submit to the Speaker a draft resolution of
the Saeima on a repeated vote of confidence in the Cabinet or in the
Prime Minister. Copies of the draft resolution shall be distributed to
Members without delay.
(2) Unless a
proposal or request to convene an extraordinary Saeima session or
sitting has been submitted, the draft resolution of the Saeima on a
repeated vote of confidence in the Cabinet or in the Prime Minister
shall be put on the agenda of the Saeima sitting
as prescribed by the Rules of
Procedure.
(3) If the Prime
Minister wishes to combine the vote of confidence in the Cabinet or in
the Prime Minister with a vote on another matter considered at the
Saeima sitting, he/she shall submit a relevant request to the Presidium
in writing. The request must be submitted before the relevant vote and
must indicate which voting result the Prime Minister shall regard as a
vote of no confidence. Before voting, the person chairing the sitting
shall read out the request submitted by the Prime Minister. If voting on
the relevant matter results in a vote of no confidence in the Cabinet or
in the Prime Minister, the person chairing the sitting shall announce it
after the results of the relevant vote are read out.
(As amended by
the 15 May 2008 Law)
31. (1) Election, approval, appointment, resignation or dismissal of judges,
the Prosecutor General, the Director of the Constitution Protection
Bureau and other officials not mentioned in Articles 25 and 32 shall be
initiated in accordance with the procedure set by law. Upon receipt of
such a proposal, the Presidium shall, without delay, refer it to the
relevant committee of the Saeima, which shall review this proposal
within fifteen days and shall prepare a draft resolution to be adopted
by the Saeima.
(2) The draft
resolution of the Saeima mentioned in paragraph 1 of this Article shall
not be regarded as an independent motion under the provisions of
Articles 117 and 118. If the draft resolution to be adopted by the
Saeima and prepared by a committee has been made available to Members at
least five days before the relevant sitting, the Presidium shall put it
on the agenda of the Saeima sitting. Upon the proposal of the relevant
Saeima committee (Article 54), the Saeima may put on the agenda a draft
resolution which has not been made available to Members in the specified
period of time.
(3) A rapporteur
elected by the relevant committee shall speak about the above draft
resolution at a Saeima sitting.
(4) The officials mentioned in paragraph 1 of this
Article shall be elected, approved or appointed to office by voting for
each person separately by secret ballot. The same procedure shall apply
to their resignation or dismissal from office.
(5) The Director
of the Constitution Protection Bureau shall be appointed by secret
ballot and by using ballot papers.
(6) If the law
provides that an official not mentioned in Articles 25 and 32 shall be
elected or approved by the Saeima without stating who is entitled to
nominate the candidates, the nomination shall be made by at least ten
Members who sign the nomination list. The election, approval or
appointment shall take place in accordance with the procedure set by
this Article.
(7) If the law
provides that an official not mentioned in Articles 25 and 32 shall be
elected, appointed or approved by the Saeima without prescribing the
procedure for his/her resignation or dismissal, the Saeima, in
compliance with the provisions of this Article, shall rule on the
resignation or dismissal of the said official upon receiving his/her
written request or upon a proposal made by at least ten Members.
(8) If the number
of nominees for certain posts exceeds the number of officials to be
elected, the voting shall take place in accordance with the provisions
of Article 26 of this Law.
(As amended by
the 7 October 1998 Law)
32. Nominees
for Saeima committee members, tellers and the Central Election
Commission members shall be submitted to the Presidium in accordance
with the provisions of Article 25. The procedure by which these
officials are to be elected shall be determined by the Saeima.
33. (1) A
member of the Presidium or a vote counter may be recalled by a decision
of the Saeima upon:
1) a written
request from the said member of the Presidium or the said vote counter;
2) a proposal
made by at least 10 Members.
(2) A member of a
Saeima committee may be recalled by a decision of the Saeima upon:
1) a written
request from a member of the said committee;
2) a proposal
made by at least 10 Members;
3) a proposal
made under Article 165 by the relevant committee.
(3) The Central
Election Commission members elected by the Saeima shall be recalled in
accordance with the procedure set by the Law on the Central Election
Commission.
(4) A vote on
such a decision of the Saeima shall be taken by secret ballot.
34. For the
decisions mentioned in Articles 31, 32 and 33 to be made, it is
necessary to have the absolute majority of votes of the Members present.
35. (1) The
nomination of Saeima representatives to interparliamentary organizations
shall be effected in accordance with the procedure set in Articles 117
and 118.
(2) A vote on the
decision to recall representatives of the Saeima shall be taken by
secret ballot.
IV.
SAEIMA SESSIONS AND SITTINGS
36. (1) The
Saeima shall hold regular and extraordinary sessions. In the course of
one year, three regular sessions—autumn, winter and spring
sessions—shall be held.
(2) An
extraordinary session may be convened at any time during the recess
between regular sessions.
37. Regular
sessions of the Saeima shall be convened by the Presidium. The Saeima
shall decide on the opening and closing of regular sessions.
38. (1) An
extraordinary session or sitting shall be convened by the Presidium at
its own discretion, as well as upon the request of the President, the
Prime Minister or at least one third of Saeima Members (Articles 19 and
20 of the Constitution). The proposed agenda must be indicated in the
request.
(2) Upon the
receipt of such a request, the Presidium shall convene an extraordinary
session or an extraordinary sitting on the day mentioned in the request,
but if the day has not been indicated in the request, the extraordinary
session shall be convened within 48 hours, but the extraordinary sitting
within 24 hours after the receipt of the request.
(3) The convening
of an extraordinary session or an extraordinary sitting shall be
announced on the radio and television, and, if possible, each Member
shall be notified individually.
(4) The agenda of
an extraordinary session or sitting shall include only the items
indicated in the proposal or a request on the convening of an
extraordinary session or sitting, and after these items have been
considered, the session or sitting shall be closed.
(As amended by
the 6 May 1996 Law)
39. (1) Draft
laws and independent motions which have not been considered during the
current session of the Saeima shall be considered during the next
regular session of the Saeima.
(2) If
consideration of a draft law has not been completed during the term of
office of one Saeima, though it has been considered in one or two
readings, the next Saeima, upon the recommendation of the President, the
Cabinet of Ministers, a Saeima committee or at least five Members, shall
decide during its first session whether to continue consideration of the
said draft law. If the Saeima decides to continue consideration of the
draft law, it shall appoint a responsible committee and set a deadline
for submitting proposals. A draft law thus assigned to the responsible
committee shall be regarded as passed at its first reading.
(3) Only the
current Saeima may decide on continuing the consideration of a draft law
submitted to the previous Saeima.
(As amended by
the 7 October 1998 Law)
40. The
Presidium shall set the date and time of a sitting, except in cases when
the Saeima itself has ruled (Article 54) otherwise or when the date of
the sitting has been mentioned in the request on convening an
extraordinary sitting.
(As amended by
the 6 May 1996 Law)
41. The
sitting shall be opened and closed by the person chairing it. If
possible, at the end of each sitting the person chairing the sitting
shall announce the date and time of the next sitting. Upon the motion of
the person chairing the sitting or of at least five Members, the Saeima
may rule (Article 54) to prolong the sitting.
(As amended by
the 7 October 1998 Law)
42. (1) The agenda of a regular sitting shall be announced at
least 48 hours before the opening of the sitting. A written announcement
to this effect shall be placed in the Saeima building, and, if possible,
it shall be disseminated by the media. The agenda of an extraordinary
sitting may be announced by the Presidium upon opening the sitting.
(2) The Presidium
shall determine the order in which the items are to be put on the agenda
except in the case mentioned in paragraph 3 of Article 27.
(As amended by
the 6 May 1996 Law)
43. The
Ministers in whose purview the agenda items fall shall also be notified
about the sittings.
(As amended by
the 6 May 1996 Law)
44. Sittings shall be held if at least half of the Members are present.
45. Five minutes before the opening of a sitting, Members shall be summoned
to the Plenary Chamber with the sounding of a bell.
46. If the required number of Members have not arrived half
an hour after the time the sitting was due to be opened, the person
chairing the sitting shall declare the sitting as not held.
47. During the sitting, the person chairing it may, at his/her own
discretion or upon the proposal of five Members present, announce the
registration of Members to verify the quorum.
48. (1) If it
is established that there is no quorum, the person chairing the sitting
may close or suspend the sitting at his/her own discretion. If there is
still no quorum after the break, the sitting shall be closed.
(2) If during a
vote it is established that there is no quorum, the vote shall be
repeated. If there is still no quorum during the repeated vote, the
procedure set forth in paragraph 1 of this Article shall be applied.
49. Except in
the cases set in the Rules of Procedure (Articles 41, 48 and 76), a
sitting may be suspended and closed only upon a decision made by the
Saeima (Article 54). The suspending or closing of a sitting may be
suggested by the person chairing the sitting or by at least five
Members.
(As amended by
the 7 October 1998 Law)
V. CONSIDERATION OF MATTERS
1. General
Provisions
50.
(1) Consideration of matters at the sittings of the Saeima and at its
committee meetings shall be held in the official language.
(2) Draft laws,
independent motions and other draft resolutions, interpellations,
questions and proposals, as well as the documents attached to them,
shall be submitted in the official language.
(As amended by
the 7 October 1998 Law)
51. (1) After
a sitting has been declared open, the person chairing it shall read out
the announced agenda, and changes may be made in it by the Saeima upon
the proposal of the President, the Prime Minister, a Saeima committee, a
parliamentary group or at least five Members. The matters shall be
considered in the order they appear on the agenda; however, upon the
request of the President, the Prime Minister, a Saeima committee, a
parliamentary group or at least five Members the Saeima may rule
(Article 54) in the course of the sitting to alter the approved order.
(2) If at the
previous sitting consideration of a matter has been started but has not
been completed, the agenda of the current sitting shall be announced
after the matter has been considered.
(As amended by
the 6 May 1996 Law and the 7 October 1998 Law)
52.
Before consideration of one matter is completed,
consideration of another matter must not be started unless a Saeima
committee or at least 20 Members request that the debate on the matter
in question be suspended and the debate on another matter be started,
and the Saeima agrees to this (Article 54).
53. In order
to comment (speak) on the items of the agenda, the consent of the Saeima
is required except for the cases referred to in the Rules of Procedure
(Articles 49, 51, 52, 66 and 67).
54. (1) In
the cases prescribed in Article 8 and paragraph 2 of Article 31;
Articles 40, 41, 49, 51, 52, 65, 77, 82, 84, 90, 92, 93, 98, 104, 117,
127, 133, 135, 136, 140 and 142, only two Members shall be given the
floor before a vote—one Member in support of the proposal and the other
against it—for not longer than five minutes for each speaker.
(2) If the
submitter of the proposal defends his/her proposal, he/she shall be
considered as the speaker in support of the proposal.
(As amended by
the 6 May 1996 Law, the 7 October 1998 Law and the 15 May 2008 Law)
55. The
person chairing the sitting shall not participate in a debate. If he/she
wishes to participate in the debate, he/she shall pass the chairing to
his/her Deputy.
(As amended by
the 6 May 1996 Law)
56. (1) Permission to speak from the rostrum at a Saeima sitting shall be
given by the person chairing the sitting upon receipt of a request to do
so. Requests to speak may be made in writing or by using the electronic
voting system.
(2) Any written
requests submitted before the consideration of the relevant matter shall
be prioritized except the cases mentioned in Article 58.
(3) The following
persons shall be allowed to speak without a written request:
1) the rapporteur;
2) speakers
taking the floor under the provisions of Article 54;
3) speakers
participating in a debate on a draft law or a draft resolution;
4) those who
provide an answer to an interpellation.
(4) A Member who
is Prime Minister, Deputy Prime Minister, Minister or State Minister
shall indicate in his/her request to speak whether he/she will speak in
the capacity of a Saeima Member or Prime Minister, Deputy Prime
Minister, Minister or State Minister. Otherwise, he/she shall be given
the floor as a Saeima Member.
(As amended by
the 7 October 1998 Law)
57. (1) The
President, Saeima Members, the Prime Minister, Deputy Prime Ministers,
Ministers, State Ministers and Parliamentary Secretaries of Ministries
shall have the right to take the floor at Saeima sittings.
(2) The Presidium
may also give the floor at a Saeima sitting to officials of foreign or
international organizations.
(As amended by
the 7 October 1998 Law)
58. (1) During
a debate, the rapporteur, the Prime Minister or a Cabinet representative
for the matter under discussion shall be given the floor out of turn.
(2) The Cabinet
of Ministers may authorize a Deputy Prime Minister, a Minister, a State
Minister or a Parliamentary Secretary of a Ministry to represent the
Cabinet regarding the matter under discussion. The authorization shall
be issued in writing, and the Saeima Presidium shall be notified
thereof. The Cabinet may appoint one representative for each matter
under discussion.
(As amended by
the 6 May 1996 Law, the 7 October 1998 Law and the 16 December 1999 Law)
59. (1) In
cases when several speakers have signed up for a debate, the floor shall
be given in the order in which they have signed up. If the order of
signing up for a debate cannot be established, the person chairing the
sitting shall determine the order of speakers.
(2) If, before opening a debate, parliamentary groups
have appointed speakers to express the view of the respective
parliamentary group, the floor shall be given first to the appointed
speakers (one speaker from each parliamentary group) in the order they
have signed up.
(3) During the
second or the third reading of a draft law, the floor shall be given
first to the speakers who have submitted written requests to this
effect.
(As amended by
the 6 May 1996 Law)
60. Speakers who have signed up for a debate, may, upon mutual consent,
change the order in which they will speak. The person chairing the
sitting must be informed about this in advance.
(As amended by
the 6 May 1996 Law)
61. If
a speaker who has signed up for a debate is not in the Plenary Chamber
when his/her turn to speak has come, he/she shall be given the floor
only after all those who have signed up for the debate have had the
floor.
(As amended by
the 6 May 1996 Law)
62. (1) No
speaker except the rapporteur, the Prime Minister or a Cabinet
representative for the matter under discussion shall be given the floor
more than twice to speak on the same matter.
(2) This
provision does not apply to the consideration of a draft law in its
second or third reading when each Member shall be entitled to speak not
more than twice about each item put to a vote: a paragraph or a
subparagraph of an article, an article as a whole, or a group of
articles.
(As amended by
the 6 May 1996 Law)
63. When all the Members who have signed up for a debate have
taken the floor, the person chairing the sitting shall declare the
debate closed by rapping the gavel. After this has been done, only the
rapporteur shall be entitled to speak if he/she chooses to do so.
(As amended by
the 6 May 1996 Law)
64. (1) The
speaking time for the rapporteur, the Prime Minister or a Cabinet
representative for the matter under discussion shall be limited to one
hour for his/her first presentation, 15 minutes for the second
presentation and five minutes for each subsequent presentation.
(2) The speaking
time for all other speakers on amendments to the Constitution (Satversme),
draft resolutions on a vote of confidence or no confidence, draft laws
and independent motions considered in the first reading or
interpellations, shall not exceed 15 minutes for the first presentation
and five minutes for the second presentation; in all other cases
speakers shall have five minutes for the first presentation and two
minutes for the second presentation.
(3) The Saeima,
without any debate, may rule on extending the speaking time if the
speaker so requests.
(As amended by
the 7 October 1998 Law and the 16 December 1999 Law)
65. (1) Upon
the proposal of at least 10 Members, the Saeima may rule (Article 54):
1) to reduce the
speaking time;
2) to close the
list of speakers.
(2) The speaking
time must not be reduced for the rapporteur, the Prime Minister or a
Cabinet representative for the matter under discussion.
(3) If the Saeima
has reduced speaking time to less than five minutes, the second
presentation by the same speaker may not exceed one minute unless the
Saeima has decided otherwise.
(4) When the list
of speakers has been closed, every speaker on the list may make only one
presentation unless the speaker has already signed up for a second
presentation before the list was closed. Only the rapporteur, the Prime
Minister or a Cabinet representative for the matter under discussion may
be given the floor to speak in addition to those who have already been
entered on the list of speakers.
(5) Upon the
proposal of at least 20 Members, the Saeima may rule (Article 54) to
close a debate. After that the floor may be given only to:
1) the speakers
who have signed up under paragraph 2 of Article 59;
2) the rapporteur,
the Prime Minister or a Cabinet representative for the matter under
discussion.
(As amended by
the 6 May 1996 Law and the 7 October 1998 Law)
66. The floor
may be given out of turn to those who comment on:
1) non-compliance
with or breach of the Rules of Procedure;
2) the procedure
by which the matter under discussion shall be processed further.
67. (1) A
speaker wishing to make an urgent announcement not on the agenda shall
indicate the subject of the announcement in his/her written request. The
person
chairing the sitting shall decide whether to give the
floor for an urgent announcement.
(2) If two or
more speakers have applied to make urgent announcements, the person
chairing the sitting shall decide the order in which these speakers
shall be given the floor.
(3) The speaking
time for an urgent announcement shall not exceed three minutes.
(As amended by
the 6 May 1996 Law)
68.
An exchange of opinions on urgent announcements (Article
67) shall not be permitted.
(As amended by
the 6 May 1996 Law)
69. (1) The
speakers shall speak from the rostrum unless a physical disability
prevents a person from reaching the rostrum.
(2) Upon a
written request or by raising his/her hand, a Member has the right to
speak from his/her seat in the Plenary Chamber on the following issues:
1) non-compliance
with or breach of the Rules of Procedure of the Saeima;
2) the procedure
for subsequent processing of the matter;
3) deadlines for
submitting proposals;
4) the date for
the second reading of an urgent draft law;
5) when
requesting a vote on a proposal being discussed at a Saeima sitting.
(3) In case of
disagreement, the sequence of speakers shall be determined by the person
chairing the sitting.
(4) The speaking
time from a Member’s seat in the Plenary Chamber must not exceed one
minute.
(As amended by
the 7 October 1998 Law and the 5 April 2001 Law)
70. The
speaker must not digress from the topic under discussion.
71. Interjections shall be permitted; however, discussions between the
speaker on the rostrum and Members in the Plenary Chamber shall not be
permitted.
72. The
sitting shall be chaired by the Speaker or a Deputy Speaker (Article
21). Remarks or exchange of opinions concerning the chairing of the
sitting shall not be permitted except in the cases referred to in
Article 66.
73. The
person chairing the sitting may interrupt a speaker (Articles 69, 70,
71, 72 and 74) and call him/her to order.
74.
If a speaker or any other participant of a sitting
disregards the reproof of the person chairing the sitting or utters
insulting or disrespectful remarks unbecoming a Saeima Member or
disturbs the order of the sitting, the person chairing the sitting shall
call him/her to order or shall forbid him/her to speak or, in the case
of flagrant disobedience, shall propose that the Saeima exclude him/her
from one to six sittings.
(As amended by
the 6 May 1996 Law)
75. (1) After
hearing the explanations provided by the person to be excluded or by a
representative of his/her parliamentary group, the Saeima shall, without
any debate, rule on the proposal referred to in Article 74.
(2) Voting on excluding a Member from the Saeima sittings
shall be by secret ballot.
(3) The excluded person shall not be permitted to be
present in the Plenary Chamber.
(As amended by
the 6 May 1996 Law)
76. (1) If
noise or disorder arises at a sitting, the person chairing the sitting
may call the Members to order by banging the gavel.
(2) If the person
chairing the sitting fails to restore order, he/she shall leave the
room, and thus the sitting shall be considered suspended for half an
hour. If the noise and disorder continue after the sitting has been
resumed, the person chairing the sitting shall close it.
(As amended by
the 11 June 2009 Law)
77. (1) The
Saeima sittings shall be public. Upon a request submitted by 10 Members,
the President, the Prime Minister, a Deputy Prime Minister or a
Minister, the Saeima with a majority vote of at least two-thirds of the
Members present may rule (Article 54) to hold a closed sitting
(Article 22 of the Constitution). The participants of a closed sitting
must not divulge information about the proceedings of the sitting.
(2) Public
sittings and answers to Members' questions shall be transmitted on
national radio (Article 120).
(As amended by
the 6 May 1996 Law and the 7 October 1998 Law)
78. Visitors
shall be prohibited from expressing approval or disapproval or otherwise
disturbing order at a sitting. If they violate this prohibition, the
person chairing the sitting may insist that particular individuals or
all the visitors leave the Plenary Chamber.
781. It is not allowed to affix any signature to a document after it has been
submitted to the Saeima. If a signature affixed to a document submitted
to the Saeima has been recalled, the Presidium shall notify the first
signer of the document.
(As amended by
the 7 October 1998 Law)
2. Legislative
Procedure
79. (1) Draft
laws may be submitted to the Saeima by 1) the President, 2) the Cabinet,
3) Saeima committees, 4) at least five Members, or 5) one-tenth of the
electorate (Article 65 of the Constitution). Legislative initiatives
must be drawn up in the form of draft laws.
(2) The President
shall be entitled to submit legislative initiatives which do not have to
be in the form of draft laws.
(3) The Cabinet
shall prepare an explanatory note to the draft law and shall submit the
text of the draft law and of the explanatory note in electronic form.
(As amended by
the 7 October 1998 Law and the 18 January 2001 Law)
80. (1) Each
draft law must be signed by the persons submitting it.
(2) If a draft
law concerns the ratification of an international instrument, it shall
be accompanied by the official text of the international instrument and
its Latvian translation unless the official text of the instrument is in
Latvian.
(3) If the
submitter has disregarded the requirements of this Article, the
Presidium shall be entitled to return the draft law to the submitter.
81. A draft law submitted to the Saeima in accordance with
the procedure set forth by the Law on National Referendums and
Legislative Initiatives shall be put to a referendum, provided that the
Saeima has rejected its forwarding to Saeima committees, has rejected it
in corpore, or has adopted it with alterations of its contents.
82. (1) The
Presidium shall report to the Saeima on the draft laws received and on
its opinion regarding their further processing. The Saeima shall rule
(Article 54) whether to forward the draft law to the committees and to
appoint a responsible committee or to reject it.
(2) Before a vote
is taken on the opinion of the Presidium, the Saeima may rule (Article
54) to amend it as follows:
1) to forward the
draft law for consideration also to a Saeima committee not referred to
in the opinion;
2) not to forward
the draft law for consideration to a committee referred to in the
opinion;
3) to appoint
another responsible committee.
(3) The
amendments mentioned in paragraph 2 of this Article may be submitted by
a Saeima committee or a Member in writing or verbally. Written
amendments shall be considered before verbal amendments. Representatives
of committees requesting the floor to propose the said amendments shall
be given the floor in the order they have signed up but before other
speakers who wish to speak on the said draft law.
(4) The submitted
draft laws shall be made available to Members at least seven days before
the Presidium reports on them to the Saeima. If necessary, the Presidium
may shorten this term.
(5) All the
submitted draft laws, alternative draft laws prepared for the first
reading (Article 85), draft laws prepared for second and third readings,
as well as the opinions of the Presidium and committees concerning these
draft laws, shall be forwarded to the President and the Prime Minister.
(As amended by
the 6 May 1996 Law and the 16 December 1999 Law)
83. Deleted by the 13 December 2007 Law.
84. Upon
forwarding the same draft law to two or more committees, the Saeima may
rule (Article 54) on the deadline by which the committees must consider
the draft law and submit proposals to the responsible committee or the
Presidium.
85. (1) The
committees to which the Saeima has forwarded a draft law may prepare
their alternative draft law to be considered at the first reading.
(2) If a
committee has received a draft on amendments to a law for which the
respective committee as the responsible committee has already received
another draft on amendments, the committee may:
1) combine the
drafts and make one alternative draft law and submit it for the first
reading;
2) incorporate
the draft law submitted later into the draft law submitted earlier as
proposals for the second or third reading;
3) submit each of
the said draft laws for separate consideration.
(3) Subparagraphs 1 and 2 of paragraph 2 of
this Article shall not apply to draft laws which contain amendments to
the Constitution of the Republic of Latvia.
(4) If the
responsible committee, guided by the provisions of subparagraph 2,
paragraph 2 of this Article, decides to incorporate a draft
law submitted later into a draft law submitted earlier, the status of a
proposal shall also be accorded to those articles (paragraphs) of the
incorporated draft law which the responsible committee has rejected or
proposed to change.
(5) When a draft
law is submitted by the President, a Saeima committee or at least five
Members, the responsible committee shall prepare an explanatory note as
prescribed by the Saeima Presidium and shall include in it the
submitter's answers to the following questions:
1) What is the
purpose of the law?
2) What will be
the potential impact of the law on the development of society and the
economy of the country?
3) What will be
the potential impact of the law on state and municipal budgets?
4) What will be
the potential impact of the law on the system of legal norms in force?
5) How does the
law conform to the international obligations assumed by Latvia?
6) What experts
have been consulted during the preparation of the draft law?
7) How will the
law be enforced?
(6) Deleted
by the 18 January 2001 Law.
(As amended by
the 6 May 1996 Law, 7 October 1998 Law and the 18 January 2001 Law)
86. (1) No
draft law shall be put on the agenda and considered at a Saeima sitting
before it has been considered by the responsible Committee. The
responsible committee shall submit to the Saeima Presidium its opinion
and an explanatory note concerning the draft law. The opinion and the
explanatory note shall be immediately distributed to Members.
(2) The
Presidium, pursuant to the provisions of subparagraph 1 of Article 87,
shall put the draft law supported by the responsible committee on the
agenda of the next regular sitting of the Saeima unless proposals have
been received about putting the draft law on the agenda of another
Saeima sitting.
(3) If a
committee appointed by the Saeima as the responsible committee has
developed a draft law and submitted it in accordance with the provisions
of Article 79, the first reading of the said draft law shall take place
without repeated consideration by the responsible committee unless it
has also been referred to other committees.
(4) The Saeima in
its sittings shall also consider the draft laws rejected by the
responsible committee if:
1) the draft law
has been submitted by the Cabinet;
2) the draft law
has been submitted under Article 78 of the Constitution;
3) the submitter
insists on considering the draft law.
(5) Under the
provisions of subparagraph 1 of Article 87 of these Rules of Procedure,
the Presidium may put on the agenda of the next regular sitting any
draft law submitted by the Cabinet or submitted under Article 78 of the
Constitution and rejected by the responsible committee unless a proposal
has been submitted that this draft law be put on the agenda of another
Saeima sitting.
(6) A draft law
which has not been submitted by the Cabinet or under Article 78 of the
Constitution and which has been rejected by the responsible committee
shall be deemed rejected unless within 10 days from the day when the
opinion of the responsible committee was made available to Members and
sent to the President the submitter has made a written request to the
Presidium to consider this draft law at a Saeima sitting. The rejected
draft law may be resubmitted for consideration at the same session only
if it has been signed by at least 51 Members or if it has been amended.
If a committee has made a draft law alternative to the rejected draft
law, the first reading of the alternative draft law shall be held
without submitting it in accordance with the provisions of Article 79.
(7) A draft law
submitted by the President, a Saeima committee or at least five Members
may be recalled before a vote on the draft law at its first reading by
notifying the Presidium or the responsible Committee in writing or
verbally at a meeting of the responsible committee or at a Saeima
sitting. An entry about a verbal notification shall be made in the
minutes of the committee meeting or the Saeima sitting.
(8) When the
responsible committee has been notified of the recalling of a draft law,
the committee shall notify the Saeima Chancellery of this to enable the
Chancellery to make a corresponding entry in the Register of Draft Laws.
(9) A draft law
submitted by at least five Members shall be regarded as recalled if the
number of submitters still supporting it is less than five.
(10) If a draft
law has not been recalled at a Saeima sitting, Members shall be notified
of this in writing.
(11) If a draft
law for which a committee has drafted an alternative draft law has been
recalled, the first reading of the alternative draft law shall be held
without submitting it in accordance with the provisions of Article 79.
(12) The draft
laws submitted by the Cabinet shall not be recalled without consulting
the responsible committee and obtaining the consent of the Saeima.
(13) If the
responsible committee has concluded that a draft law submitted by the
Cabinet needs revision, the Saeima, upon the recommendation of the
committee, may return the draft law to the Cabinet and set a deadline
for submitting the revised draft to the Saeima.
(As amended by
the 6 May 1996 Law and 7 October 1998 Law)
87. No first
reading of a draft law shall be held unless:
1) the draft law,
the responsible committee’s opinion on it and an explanatory note
concerning this draft law have been made available to Members at least
seven days before the first reading;
2) the comments
of the Minister of Finance have been attached to it if the draft law
requires additional budgetary expenditure or changes in the budget
revenues. This provision does not apply to draft laws submitted by the
Cabinet and to cases when the Minister of Finance has failed to provide
his/her comment by the deadline set by law.
(As amended by the 6 May 1996 Law, 17 October 1996 Law
and 7 October 1998 Law)
871. (1) When a package of draft budget laws has been submitted to the Saeima
and when it consists of a draft law on the annual state budget or a
draft amendment to the annual state budget law (hereinafter—the draft
budget law) and draft laws governing or amending the state budget
(hereinafter—budget-related draft laws), the first reading of the
package of draft budget laws shall be held in the following sequence:
1) budget-related
draft laws,
2) the draft
budget law.
(2) During the
first reading, it is allowed to hold a debate on the whole package of
draft budget laws, but a vote shall be taken separately on each draft
law.
(As amended by
the 1 October 1997 Law)
88. The first
reading of a draft law shall begin with a report by the rapporteur
appointed by the responsible committee (Article 177). Debate on the
provisions of the draft law shall begin after the report.
89. (1) When
the debate is closed, the Saeima shall decide on the adoption of the
draft law at its first reading.
(2) If several
versions of a draft law have been submitted and if the debate on all the
versions is closed, the Saeima shall decide on the version to be adopted
at the first reading. All the versions which have not been recalled
until the vote starts shall be put to a vote in the order in which they
have been submitted.
(As amended by
the 6 May 1996 Law)
90. (1) If a
draft law has been adopted at the first reading, the Saeima shall rule
(Article 54) on the deadline by which proposals may be submitted. If a
draft law on the state budget has been adopted at the first reading and
if a Saeima draft resolution on the procedure (form) for submitting
proposals for such a draft budget law (package of draft budget laws) has
been submitted under Article 901, then the deadline for
submitting such proposals for the second reading shall be set by the
Saeima only after it has considered the above resolution.
(2) The time
limit for submitting proposals shall not be shorter than five days
except in cases when the draft law is recognized as urgent.
(3) Deleted
by the 13 December 2007 Law.
(4) Upon
recommendation of a Saeima committee or at least 10 Members, the Saeima
may rule (Article 54) on extending the time limit within which proposals
may be submitted.
(As amended by
the 6 May 1996 Law, the 17 October 1996 Law and the 1 October 1997 Law)
901. (1) A draft resolution of the Saeima concerning the procedure (form) for
submitting proposals for a draft budget law (package of draft budget
laws) may be submitted by the responsible committee. Such a draft
resolution shall be submitted together with the respective opinion and
shall be distributed to Members without delay.
(2) The draft
resolution of the Saeima concerning the procedure (form) for submitting
proposals for a draft budget law (package of draft budget laws) shall
not be regarded as an independent motion.
(3) Proposals to
amend a draft resolution of the Saeima concerning the procedure (form
for) submitting proposals for a draft budget law (package of draft
budget laws) may be submitted within three days from the date when the
draft resolution was distributed to Members unless the Saeima has
decided otherwise. The responsible committee shall consider the
submitted proposals, provide its opinion and, if necessary, add its own
proposals.
(4) The rapporteur elected by the responsible committee
shall report on the draft resolution of the Saeima concerning the
procedure (form) for submitting proposals for a draft budget law
(package of draft budget laws). Not more than 10 minutes shall be
allowed for this report. If, upon debating a draft budget law (package
of draft budget laws), it has been decided to close the list of
speakers, this decision shall not apply to the debate on the draft
resolution of the Saeima concerning the procedure (form) for submitting
proposals for the draft budget law (package of draft budget laws).
(5) If no
proposal to amend the said draft resolution has been submitted by the
set deadline and in the set procedure, the above resolution shall be
considered in one reading. If more than one proposal has been submitted,
the draft resolution shall be considered in two readings. The second
reading of such a draft resolution shall immediately follow the first
reading unless the Saeima has decided otherwise. Provisions concerning
the second reading of draft laws shall then apply.
(6) A draft
resolution of the Saeima on amendments to the Saeima resolution
concerning the procedure (form) for submitting proposals for a draft
budget law (package of draft budget laws) may be submitted by the
responsible committee.
(As amended by
the 17 October 1996 Law, the 1 October 1997 Law, the 7 October 1998 Law
and the 16 December 1999 Law)
91. (1) If a
draft law has not been adopted at the first reading, it shall be deemed
rejected, and it may be resubmitted for consideration during the same
session only if it has been signed by at least 51 Members or if it has
been amended.
(2) If the Saeima
has adopted an alternative draft law made by the responsible committee
in accordance with the provisions of subparagraph 1, paragraph 2 of
Article 85, the draft laws incorporated in the alternative draft law
shall not be regarded as rejected.
(As amended by
the 6 May 1996 Law)
92. (1) Draft
laws which, upon a recommendation by the responsible committee or by 10
Members, have been recognized as urgent by a Saeima decision shall be
considered in only two readings. The Saeima may rule (Article 54) on
urgency:
1) before debate
on a draft law in its first reading;
2) Deleted
by the 13 December 2007 Law;
3) after a
decision to continue consideration (Article 39) of the draft law.
(2) If a proposal
has been submitted to recognize any of the alternative draft laws as
urgent, the Saeima shall rule (Article 54) on urgency before voting on
the draft law at its first reading.
(3) If a draft
law which has been recognized as urgent has been adopted at the first
reading, the Saeima shall rule (Article 54) when to hold the second
reading. If none of the Members entitled to submit proposals under
Article 95 object, a deadline for submitting proposals may not be set,
and the second reading of the urgent draft law shall take place
immediately after its adoption at the first reading.
(As amended by
the 6 May 1996 Law)
93. Upon a recommendation of the responsible committee or of 10 Members, the
Saeima may repeal, by an absolute majority vote of the Members present,
the decision by which the draft law was recognized (Article 54) as
urgent. Immediately after the recommendation on repealing the
recognition of the draft law as urgent has been approved, the
responsible committee or 10 Members may propose to extend the term for
submission of proposals for the second reading.
(As amended by
the 16 December 1999 Law and the 28 October 2004 Law)
94.
The
draft law shall be prepared for the second reading by the responsible
committee, together with the Saeima legal service and experts in the
official language. The committee shall provide its opinion concerning
the submitted proposals and, if necessary, add its own proposals.
95. (1) Proposals for amendments to a draft law or a draft resolution of the
Saeima may be submitted by:
1) the President;
2) a Saeima
committee;
3) a
parliamentary group or a political bloc of the Saeima;
4) a Saeima
Member;
5) Prime
Minister, Deputy Prime Minister, Minister or State Minister;
6) the
Parliamentary Secretary of a Ministry who has been duly authorized by
the Minister;
7) the Saeima
legal service if the proposals are related to the legislative technique
and codification;
8) the ombudsman.
(2) Proposals
shall be submitted in writing to the responsible committee or to the
Saeima Chancellery, which shall immediately forward them to the
responsible committee. If the procedure (form) for submitting proposals
for a draft budget law has been set pursuant to Article 901
of the Rules of Procedure, the proposals shall be submitted in
accordance with the relevant resolution.
(3) Deleted
by the 7 October 1998 Law.
(4) The
committee which is responsible for the draft budget law compiles the
submitted proposals and immediately sends them to the Cabinet of
Ministers; at the same time, it informs the Cabinet when the proposals
will be reviewed by the committee.
(5) Proposals
which are alternative to the proposals referred to in paragraph 4 of
this Article may be submitted by the Cabinet before the date when the
responsible committee takes a decision to submit the relevant draft law
for the second reading.
(As amended by
the 6 May 1996 Law, the 17 October 1996 Law, the 7 October 1998 Law and
the 15 May 2008 Law)
951. (1) A proposal submitted in accordance with the provisions of Article 95
may be recalled by the submitter before it is put to a vote at a Saeima
sitting. A proposal submitted by a State Minister or the Parliamentary
Secretary of a Ministry may be recalled by the respective Minister.
(2) A proposal
supported by the responsible committee may be recalled only if the
responsible committee agrees to this.
(3) A proposal
shall be recalled by notifying the Presidium or the responsible
committee in writing or verbally at a meeting of the responsible
committee or at a Saeima sitting. If a proposal has been recalled
verbally at a meeting of the responsible committee, an entry to this
effect shall be made in the minutes of the meeting.
(As amended by
the 6 May 1996 Law and the 7 October 1998 Law)
952. (1) The opinion of the Cabinet concerning proposals for a draft budget
law or budget-related draft laws may be submitted in writing:
1) by the date
when the responsible committee has started to prepare the draft budget
law for consideration at a Saeima sitting if the proposal has been
submitted in accordance with provisions of Article 95;
2) within five
days after the meeting of the responsible committee if the proposal has
been put forward by the responsible committee.
(2) If the
Cabinet has not submitted its opinion on the proposals for a draft
budget law or budget-related draft laws within the time limits referred
to in paragraph 1 of this Article, it shall be regarded that the Cabinet
has supported the proposals.
(As amended by
the 1 October 1997 Law)
96. (1) No
draft law shall be put on the agenda for the second reading unless:
1) all the
proposals submitted in accordance with the established procedure and by
the set deadline (Articles 90, 92 and 95) are attached to it except the
proposals recalled by their submitters;
2) the
draft law prepared for its second reading and all the proposals
submitted in accordance with the established procedure and by the set
deadline have been made available to Members at least five days in
advance. This provision shall not apply to draft laws recognized as
urgent.
(2) The proposals
shall be arranged as much as possible in the order prescribed by Article
101.
(3) If the
responsible committee, guided by the provisions of subparagraph 2,
paragraph 2 of Article 85, has incorporated a draft law submitted later
into a draft law submitted earlier as proposals for the second reading
the draft law shall be put on the agenda of a Saeima sitting for the
second reading with an indication of which draft laws have been
incorporated as proposals.
(As amended by
the 6 May 1996 Law)
961. (1) No second reading of a draft budget law shall be held unless:
1) the following
documents have been attached to it:
a) all the
proposals submitted by the set deadline (Articles 90 and 92) and in
accordance with the established procedure (Articles 901 and
95), as well as the alternative proposals submitted by the Cabinet,
except the proposals recalled by their submitters;
b) the opinion of
the responsible committee concerning the proposals, including
alternative proposals;
c) proposals of
the responsible committee;
d) all the
opinions given by the Cabinet concerning the proposals and submitted by
the set deadline and in accordance with the established procedure;
2) the documents
mentioned in paragraph 1 of this Article have been made available to
Members at least five days in advance. This provision shall not apply to
draft laws recognized as urgent.
3) the
budget-related draft laws have been adopted.
(2) The order of
arranging proposals for the draft budget law shall be set by the
responsible committee.
(As amended by
the 17 October 1996 Law, the 1 October 1997 Law and the 16 December 1999
Law)
97.
The second reading of a draft law shall begin with a
report by the rapporteur (Article 177). Consideration of the draft law,
article by article, shall follow the report.
98. (1) During
the second reading, debate only on a specific article or a part of it
shall be permitted.
(2) An appendix
to a draft law shall be considered in the same manner as a separate
article. Upon the recommendation of the responsible committee or at
least five Members, the Saeima may rule (Article 54) whether the
appendix should be considered before or after the relevant article of
the draft law or after all the articles of the draft law have been
considered.
(3) During
consideration of a draft budget law, debate may be held on several
articles (paragraphs) simultaneously if so required by the submitted
proposal.
(As amended by
the 6 May 1996 Law and the 17 October 1996 Law)
99. (1) During
the second reading, a vote may be taken on each subparagraph, paragraph,
an entire article or a group of articles.
(2) If no
proposals have been submitted in relation to an article, no separate
vote shall be taken on it.
(3) When
considering a draft budget law, a vote shall be taken on the entire
proposal, amending several articles simultaneously, if necessary. If the
proposal has been adopted or rejected, it shall be deemed adopted or
rejected with regard to all the articles concerned.
(As amended by
the 6 May 1996 Law and the 17 October 1996 Law)
100. In the second reading only the
proposals of the responsible committee, as well as the proposals
submitted by the set deadline (Articles 90 and 92) to the responsible
committee or to the Saeima Chancellery and not recalled before voting
shall be put to a vote.
(As amended by the 6 May 1996 Law)
101. (1) The
submitted proposals shall be put to a vote in the following order:
1) proposals on
the deletion of an article or part of an article from the draft law;
2) proposals
differing most from the proposals of the responsible committee;
3) proposals
differing least from the proposals of the responsible committee;
4) proposals of
the responsible committee.
(2) If the order
for voting cannot be established according to the sequence mentioned
above, the person chairing the sitting shall determine the order
himself/herself.
(3) The order in
which the proposals for a draft budget law are put to a vote shall be
determined by the Saeima upon the recommendation of the responsible
committee.
(As amended by
the 17 October 1996 Law)
102. A proposal
shall be deemed adopted if it has received an absolute majority of votes
of the Members present.
103. The
simultaneous consideration of separate parts of the same draft law shall
not be permitted during the second and third readings.
104. (1) After
all the proposals have been considered, the person chairing the sitting
shall put the draft law to a vote in its entirety, together with the
adopted proposals.
(2) If the Saeima
has passed a draft law in accordance with the above procedure, the draft
law shall be returned to the responsible committee to be prepared for
its third reading. After the draft law has been passed at its second
reading, the Saeima shall rule (Article 54) on the deadline by which
proposals may be submitted. The time limit shall be at least five days.
(3) If the Saeima
does not adopt a draft law at its second reading, the draft law shall be
returned to the responsible committee, and it may be resubmitted for the
second reading in compliance with the requirements set forth in Articles
94 and 96.
105. If, in
accordance with the provisions of paragraph 1 of Article 104, the Saeima
votes in favour of an urgent draft law in its entirety, that law shall
be deemed adopted.
106. (1) A
draft law shall be prepared for the third reading by the responsible
committee, together with the Saeima legal service and experts in the
official language. The committee shall provide its opinion concerning
the submitted proposals and, if necessary, add its own proposals.
107. After the
second reading of a draft law, proposals shall be submitted in
accordance with the provisions of Article 95. Proposals which were
rejected when put to a vote separately during the second reading or
which are rejected due to the Members’ support of the opinion of the
responsible committee cannot be resubmitted after the second reading.
The responsible committee shall not consider such proposals and shall
not attach them to the draft law when submitting it for the third
reading.
108. (1) No
draft law shall be put on the agenda for the third reading unless:
1) all the
proposals submitted in accordance with the established procedure and by
the set deadline (Articles 104 and 95) are attached to it except the
proposals recalled by their submitters;
2) the
draft law prepared for the third reading and all the proposals submitted
in accordance with the established procedure and by the set deadline
have been made available to Members at least five days in advance.
(2) The proposals
shall be arranged as much as possible in the order prescribed by Article
101.
(3) If the
responsible committee, guided by the provisions of subparagraph 2,
paragraph 2 of Article 85, has incorporated a draft law submitted later
into a draft law submitted earlier as proposals for the third reading,
the draft law shall be put on the agenda of a Saeima sitting for the
third reading with an indication of which draft laws have been
incorporated as proposals.
(As amended by
the 6 May 1996 Law)
109. The third
reading of a draft law shall begin with a report by the rapporteur
(Article 177). Only those articles for which proposals have been
submitted after the second reading shall be considered and put to a
vote.
110. During the third reading only
the proposals of the responsible committee (including proposals on
transitional provisions), as well as those which have been submitted to
the responsible committee or to the Saeima Chancellery by the set
deadline (Article 104) and have not been recalled before voting, shall
be put to a vote.
(As amended by the 16 May 2002 Law)
111. (1) If
necessary, the procedure by which a law is to be applied shall be
formulated as transitional provisions, and the government and local
governments shall be assigned specific tasks necessary to enforce the
law.
(2) If, upon
passing a draft law, contradictions arise between this law and the laws
already in force, the Saeima shall rule that the new law or its separate
parts take effect simultaneously with the amendments to the laws already
in force.
112. After all
the proposals have been considered, the person chairing the sitting
shall put the draft law to a vote in its entirety together with the
adopted proposals.
113. If the
Saeima does not adopt a draft law at the third reading, the draft law
shall be returned to the responsible committee, and it may be
resubmitted for the third reading in compliance with the requirements
set forth in Articles 107 and 108.
114. (1) A draft
law shall be deemed adopted and shall become a law if it has been
considered in three readings or, in the cases mentioned in paragraph 2
of this Article, in two readings, and, if having been put to a vote in
its entirety, it has received an absolute majority of votes of the
Members present.
(2) Only two
readings are required for adopting:
1) draft laws
recognized as urgent;
2) a draft budget
law and amendments to the state budget;
3) draft laws on
the ratification of international agreements.
(As amended by
the 6 May 1996 Law)
115. (1) If the
President, in accordance with the provisions of Article 71 of the
Constitution, has requested that a law be reconsidered, the Saeima at
its next sitting, without holding a debate, shall forward the
President's reasoned objections to the responsible committee and to
other committees and shall set the deadline by which proposals may be
submitted and the law reconsidered.
(2) When the law
is being reconsidered, the provisions for considering a draft law in the
third reading shall apply, and only the objections raised by the
President and the proposals related to these objections shall be
considered.
(As amended by
the 7 October 1998 Law)
116. The
Presidium shall forward the laws adopted by the Saeima to the President
for proclamation. The date and the year on which the law was adopted
shall be indicated at the end of the text as follows: “The Law was
adopted by the Saeima on (date)”.
3.
Independent motions
(This Chapter
3 was amended by 7 October 1998 Law)
117. (1) An
independent motion shall be submitted in the form of a draft resolution
of the Saeima and may be submitted by:
1) at least 10
Members;
2) a Saeima
committee.
(2) An
independent motion shall be submitted in writing to the Saeima
Chancellery, which shall distribute the copies of the motion to Members
without delay.
(3) Except in
cases prescribed by law, normative clauses must not be included in an
independent motion.
(4) If the
submitted independent motions have been made available to Members at
least 72 hours before the relevant Saeima sitting, the Presidium shall
report on them immediately after reporting on the submitted draft laws.
Upon the recommendation of at least five Members, the Saeima may rule
(Article 54) that the Presidium shall also report on those submitted
independent motions which have not been made available to Members at
least 72 hours before the relevant Saeima sitting.
(5) When an
independent motion is announced the submitter of the independent motion
and the title of the relevant Saeima draft resolution shall be
specified. The person chairing the sitting shall ascertain whether there
are any objections to putting the independent motion on the agenda of
the current sitting except in the case referred to in paragraph 12 of
this Article.
(6) If no
objections are raised, the independent motion shall be deemed as put on
the agenda of the current sitting as the last item.
(7) If an
objection is raised by the Prime Minister or by at least one Member, the
Saeima shall rule (Article 54) on putting this independent motion on the
agenda of the next regular Saeima sitting.
(8) If the Saeima
does not put the independent motion on the agenda of the next regular
Saeima sitting and if no proposal has been submitted to forward it to a
Saeima committee, the independent motion shall be deemed rejected.
(9) The Saeima
shall rule (Article 54) on the proposals to forward independent motions
to a committee in the order these proposals have been submitted. If the
Saeima has forwarded an independent motion to more than one committee,
it shall appoint the responsible committee.
(10) If the
Saeima rules not to forward an independent motion to a committee, the
independent motion shall be deemed rejected.
(11) If an
independent motion has been forwarded to a committee for consideration,
any amendments to it shall be submitted within five days unless the
Saeima has ruled (Article 54) otherwise.
(12) If an
independent motion on granting Latvian citizenship for special
meritorious services for the benefit of Latvia has been submitted by
someone other than the Citizenship Law Implementation Committee, this
independent motion shall be deemed as forwarded to this
Committee after the Presidium has reported on it.
118. (1) If an independent motion
has not been forwarded to any committee, the first submitter of this
motion shall report on it at a Saeima sitting unless the submitters have
agreed otherwise. In this case, the independent motion shall be
considered in one reading, and any proposals on amendments to it shall
not be considered.
(2) If an
independent motion has been forwarded to a committee, the committee
shall give its opinion on the independent motion, but in cases when
proposals to amend the independent motion have been submitted, the
committee shall give its opinion also on these proposals and, if
necessary, shall add its own proposals.
(3) The committee
to which the independent motion has been forwarded may submit an
alternative independent motion. In this case the provisions of
paragraphs 4–11 of Article 117 shall not apply.
(4) An
independent motion which has been forwarded to a committee may be
considered at a Saeima sitting only if the following have been made
available to Members:
1) the opinion of
the committee on the independent motion;
2) all proposals
on amendments to the independent motion submitted by the set deadline
and in accordance with the prescribed procedure, as well as the opinion
of the committee on these proposals;
3) comments of
the Minister of Finance if the independent motion involves unforeseen
budget expenditure.
(5) At a Saeima
sitting, a rapporteur appointed by the relevant committee shall report
on the independent motion forwarded to the committee for initial
consideration.
(6) If there are
no proposals to amend the independent motion, it shall be considered in
one reading.
(7) If a
committee to which an independent motion has been forwarded has
submitted an alternative independent motion, the Saeima, having debated
both independent motions, shall decide by voting which of the
independent motions to adopt.
(8) If proposals
have been submitted to amend an independent motion, it shall be
considered in two readings. During the first reading, the rapporteur
shall report on the general principles of the independent motion, a
debate shall be held on them and the Saeima shall rule whether to adopt
it at the first reading. If the Saeima does not adopt the independent
motion at the first reading, it shall be deemed rejected.
(9) The second
reading of an independent motion shall immediately follow the first
reading unless the Saeima has decided otherwise. In this case, the rules
for considering draft laws in the second reading shall apply.
(10) The Saeima
committee which has submitted an independent motion or any Saeima Member
who has signed it may withdraw support for the motion. This withdrawal
shall be allowed before the motion is put to a vote in its first
reading.
(11) The
committee to which the independent motion has been forwarded may
continue to support the withdrawn motion.
(12) If an
independent motion for which the relevant committee has made an
alternative independent motion has been withdrawn, the alternative
independent motion shall be considered in compliance with the provisions
of paragraph 3 of this Article.
(13) An
independent motion which has been rejected by the responsible committee
shall be deemed rejected unless within 10 days from the day when the
opinion of the responsible committee was made available to Members, the
submitter of the motion has requested the Presidium in writing to
consider the said independent motion at a Saeima sitting.
31. Reports of the members of the Cabinet
of Ministers
(This Chapter 31 was
adopted
by the 15 May 2008 Law)
1181.
(1) Not later than by March 1, the Prime
Minister shall submit to the Saeima the written annual report on the
government’s performance and its planned future activities. Copies of
the report shall be distributed to Members without delay. If by the
deadline for submitting the report the Prime Minister has been in office
less than 6 months, he/she shall submit the report not later than 9
months after he/she has assumed the office of Prime Minister.
(2) Unless
a proposal or request to convene an extraordinary Saeima session or
sitting has been submitted, the Presidium shall put the annual report on
the government’s performance and its planned future activities on the
agenda of a Saeima sitting scheduled
not earlier
than 10 days and not later than 20 days after
the receipt of the annual report.
(3) When
the annual report on the government’s performance and its planned future
activities is being examined at the Saeima sitting, first the Prime
Minister shall be given the floor, and then a debate shall be opened.
After the debate, only the Prime Minister shall be given the floor if he/she
so wishes.
1182.
(1) If the Prime Minister submits at a
Saeima sitting a request to give the floor to him/her or any of the
ministers to report on a specific topic, the relevant report shall be
submitted in writing together with the request. The request shall
indicate which minister or ministers shall report on the given matter.
Copies of the report shall be distributed to Members and forwarded to
the relevant Saeima committee without delay.
(2) Unless
a proposal or request to convene an extraordinary Saeima session or
sitting has been submitted, the Presidium shall put the request of the
Prime Minister on the agenda of the next regular Saeima sitting, and the
Saeima shall decide whether to include the report on the specific topic
in the agenda of the next regular Saeima sitting.
(3) After
the report of the Prime Minister or any minister on the specific topic,
a debate shall be opened at the Saeima sitting. After the debate, only
the Prime Minister or the minister who has presented the report shall be
given the floor if they so wish.
(4) The
Saeima shall vote on approving the report
of the Prime Minister or the relevant minister.
4. Questions
(This Chapter
4 was first amended by the 7 October 1998 Law)
119. (1) At
least five Members of the Saeima may submit questions in writing to the
Prime Minister, a Deputy Prime Minister, a Minister, a State Minister or
the Governor of the Bank of Latvia concerning matters which fall within
the competence of these officials.
(2) Questions
shall be so formulated that short and precise answers may be given.
Questions must not contain any evaluation.
(3) If Members
regard the question as urgent, it shall be marked "urgent", and its
urgency shall be justified.
(4) Questions
shall be submitted to the Saeima Chancellery which shall register them
in the Questions Register in accordance with the procedure set by the
Presidium and shall notify the official to whom the question is
addressed.
(5) Unless a
submitted question is marked "urgent", a notice about the question shall
be posted in the Saeima building in accordance with the procedure set by
the Presidium. Copies of urgent questions shall be distributed to
Members without delay.
(6) During a
regular sitting of the Saeima, the Presidium shall report on the
submitted questions indicating the names of the submitters and the names
of officials to whom the questions are addressed.
(7) After the
Presidium has reported on the submitted questions, the first or any
other signer of the question, upon their mutual agreement, may take the
floor in order to substantiate the question if they have so requested
when submitting the question. The speaking time in this case must not
exceed one minute.
120. (1) During
each regular Saeima session, the Presidium shall set a time for
answering questions. The question period should not exceed one hour.
(2) When the
agenda of a regular Saeima sitting is announced, the Presidium shall
also announce the list of questions which will be answered at the set
time. The list of answers shall be drawn up in accordance with the
sequence the questions have been registered in the Questions Register
and shall include answers to the questions submitted not later than six
days before the sitting.
(3) The list of
questions should include the full text of each question, its
registration number in the Questions Register, the names of the
submitters and the names of the officials to whom the questions are
addressed.
(As amended by
the 16 December 1999 Law)
121. (1) A
question shall be answered by the officials to whom it is addressed
except for the following cases:
1) the answer to
a question addressed to the Prime Minister, upon his/her authorization,
may be given by a Deputy Prime Minister, a Minister or a State Minister;
2) the answer to
a question addressed to a Deputy Prime Minister, upon his/her
authorization, may be given by a Minister or a State Minister;
3) the answer to
a question addressed to a Minister, upon his/her authorization, may be
given by a State Minister;
4) the answer to
a question addressed to the Governor of the Bank of Latvia, upon his/her
authorization, may be given by the Deputy Governor of the Bank of
Latvia;
(2) An answer to
a question which is not urgent shall be submitted in writing to the
Saeima Chancellery by the relevant official not later than one day
before the deadline set for answering the submitted questions, or a
verbal answer may be given.
(3) Answers to
urgent questions shall be given if the questions have been submitted not
later than 48 hours before the relevant Saeima sitting.
(4) Questions and
verbal answers shall be audio-recorded, and a transcript shall be
prepared from the recording. This transcript and the written answers
shall be published in the newspaper Latvijas Vçstnesis.
(5) If
the submitters of a question are satisfied with the submitted written
answer, time for answering the question orally shall not be allocated.
(As amended by
the 16 December1999 Law)
122. (1) The
question period shall be conducted by the Speaker or one of the Deputy
Speakers, who, upon the request of the submitters of the questions or
the providers of answers, may make only the following changes in the
announced procedure for providing answers:
1) change the
sequence of answers;
2) include
answers to urgent questions;
3) postpone
answering until the question time after the next regular sitting of the
Saeima because of the justified absence of the official to whom the
question was addressed;
4) exclude
from the list a question that does not conform to the provisions of
paragraphs 1 and 2 of Article 119 of the Rules of Procedure of the
Saeima.
(2) If it is not
possible to answer an urgent question, an answer to such question shall
be provided within term set by the Presidium.
(3) A verbal
answer shall be given if at least one of the submitters of the question
is present. The time limit for answering a question must not exceed five
minutes or two minutes if a written answer has been given.
(4) After the
answer has been given, the submitters may, if they wish, ask two
follow-up questions. The floor shall be given to the first signer of the
question unless the submitters have agreed otherwise. The time limit for
asking a follow-up question must not exceed one minute.
(5) When answers
have been given to the follow-up questions asked by the submitters, the
other Members present may also ask follow-up questions, but not more
than three questions. If several Members want to ask follow-up
questions, they may be given the floor in the sequence in which they
have applied.
(6) If the person
chairing the sitting regards that a follow-up question is irrelevant,
he/she shall reject it. It is permissible to ask another follow-up
question instead of the one which has been rejected.
(7) The time
limit for answering each follow-up question must not exceed two minutes.
123. (1) The questions not answered
during the question period because of the lack of time or because none
of the submitters of the question was present shall be answered in
writing (Article 121, paragraph 3) within 48 hours after the relevant
Saeima sitting.
(2) If an answer
is not provided because of the justified absence of the relevant
official and if a written answer has not been given or if the answer
does not satisfy the submitters of the question, they may request that
an answer to the respective question be given later.
(3) If answers to
questions have not been given during the particular session of the
Saeima, they should be provided in writing within 48 hours after the
closing of the session. Answers to questions shall not be postponed
until the next session of the Saeima.
5.
Interpellations
(This Chapter
5 was amended by the 5 October 1998 Law)
124. (1) At
least 10 Members may submit in writing interpellations to members of the
Cabinet.
(2) During a
Saeima sitting, interpellations should be submitted to the Presidium,
and during the inter-sitting period to the Saeima Chancellery;
interpellations should be distributed to Members without delay.
125. (1) At a
Saeima sitting the Presidium shall report on the submitted
interpellations, indicating who has submitted the interpellation and to
whom it is addressed.
(2) After the
Presidium has reported on the submitted interpellations, the first
signer of an interpellation or any other signer (Article 124), upon
their mutual agreement, may take the floor in order to substantiate the
interpellation if so requested when submitting the interpellation. In
this case, the speaking time must not exceed three minutes.
126. (1) An
interpellation not regarded as urgent by the submitters shall be
forwarded to the Government Review Committee (Article 149).
(2) Within two
weeks, the Government Review Committee shall examine the interpellation
and give its opinion to the Presidium. The opinion should contain the
motivation for the committee’s decision and the result of the voting.
(3) The
Government Review Committee may recognize that the interpellation is:
1) acceptable,
2) partly
acceptable,
3) unacceptable.
(4) If the
Government Review Committee has recognized an interpellation as partly
acceptable, it shall formulate accordingly the part of the
interpellation it has deemed acceptable.
(5) If the
Government Review Committee has recognized an interpellation as
unacceptable, it may propose that the interpellation be formulated as a
question.
(6) The Saeima
shall rule whether to accept or reject an interpellation.
(7) If the
Government Review Committee has recognized an interpellation as partly
acceptable, the Saeima shall first vote on the interpellation submitted
by the Members, but if it is rejected, the Saeima shall vote on the
interpellation which was formulated by the Government Review Committee.
(8) If the
Government Review Committee regards an interpellation as unacceptable
and has proposed that it be formulated as a question, but the submitters
have not agreed to this, the Saeima shall vote on the interpellation as
it was submitted by Members.
127. (1) The
Saeima shall rule (Article 54) whether an interpellation should be
recognized as urgent if the submitters have considered it urgent and if
it has been submitted to the Saeima Chancellery by 12:00 on the day
before the Saeima sitting and has been made available to the
parliamentary groups and Members by 14:00 of the same day.
(2) If the Saeima
has recognized an interpellation as urgent, it shall immediately start
the debate on its substance and shall vote whether to accept it or not.
If the interpellation has not been recognized as urgent, it should be
forwarded to the Government Review Committee (Article 149).
128. The person
chairing the sitting shall immediately forward copies of the accepted
interpellation and the attached documents to the Prime Minister, to the
head of the respective department and to the Government Review
Committee.
129. (1) Members
of the Cabinet shall provide written answers to an interpellation within
seven days from the day the interpellation was received. The answers
shall be distributed to Members and shall be put on the agenda of the
next Saeima sitting; then the debate on the interpellation shall take
place.
(2) An answer to
an interpellation should not be postponed until the next session if the
decision on urgency of the interpellation has been made at least three
days before the closing of the Saeima session.
130. (1) At
least 10 Members or the Government Review Committee may submit a draft
resolution in connection with an interpellation, including a draft
resolution on a vote of no confidence in the Cabinet, a Deputy Prime
Minister, a Minister or a State Minister. In this case, the provisions
of Article 117 on the postponement of the debate on a draft resolution
until the next sitting or on forwarding it to committees shall not
apply.
(2) If necessary,
the Saeima may set a deadline for submitting proposals.
131. Deleted by the 6 October 1996 Law.
51.
Reports of the Ombudsman
(This Chapter 51 was adopted by the 15 May 2008 Law)
1311.
(1) The ombudsman shall
submit to the Saeima the annual report in writing on the work of the
Ombudsman’s Office. Copies of the report shall be distributed to Members
without delay.
(2) Unless a
proposal or request to convene an extraordinary Saeima session or
sitting has been submitted, the Presidium shall put the annual report on
the work of the Ombudsman’s Office on the agenda of a Saeima sitting
scheduled not earlier than 10 days and not later than 20 days after the
receipt of the annual report.
(3) During
the review of
the annual report on the work of the Ombudsman’s Office
at the Saeima sitting, the ombudsman shall be given the floor, and then
a debate shall be opened. After the debate, only the ombudsman shall be
given the floor if he/she so wishes.
6. Voting
(The number of
this Chapter 6 was changed by the 7 October 1998 Law)
132. Prior to voting, the person chairing the sitting
shall announce the voting procedure.
133. Any Member
may request that a proposal be considered and put to a vote part by part
(Article 54).
(As amended by the 16 December 1999 Law)
134. Proposals
shall be put to a vote in accordance with the order set in Article 101
and before the vote on the article to which these proposals refer.
Proposals which may supplement another proposal shall be put to a vote
before voting on the original proposal. After the proposals and separate
parts of an article have been put to a vote, a vote shall be taken on
the entire article.
135. (1) A
proposal stating that the substance of the matter is beyond the
competence of the Saeima may be submitted by a committee or a Member of
the Saeima. The proposal shall be made in writing and submitted to the
Presidium.
(2) If the above
proposal has been submitted before or during discussion of the announced
agenda, the Saeima shall rule (Article 54) on it in accordance with the
general procedure and before ruling on any proposal submitted under
Article 51 concerning the relevant matter.
(3) If the above proposal has been submitted before
consideration of the respective matter has begun, the Saeima shall rule
on it immediately after the previous matter has been dealt with.
(4) If the above
proposal has been submitted when debate on the respective matter has
started, the Saeima shall rule (Article 54) on it immediately after the
speaker who has already been given the floor has finished his/her
speech.
(As amended by
the 6 May 1996 Law)
136. (1) A
proposal that a matter should be postponed or referred back to a
committee or that additional information be requested concerning the
matter, etc., may be submitted by the President, a Saeima committee, a
Member, the Prime Minister, or a representative of the Cabinet on the
matter under discussion. The proposal shall be made in writing and
submitted to the Presidium.
(2) Saeima shall
rule (Article 54) on the above proposal before voting on the substance
of the matter.
(As amended by
the 6 May 1996 Law)
137. When voting
on deadlines, the latest deadlines shall be considered before the
earliest deadlines. This rule shall not apply to proposals put to a vote
in accordance with the provisions of Article 101.
(As amended by
the 6 May 1996 Law)
138. (1) Before
voting on a draft law or a draft resolution in its entirety, the person
chairing the sitting shall give an order to ring the bell.
(2) During voting
no one shall be given the floor.
(3) After the
results of the voting have been announced, it shall not be permitted to
accept late votes or to change one's vote.
(As amended by
the 7 October 1998 Law)
139. Voting at
Saeima sittings shall be open and shall be conducted by means of the
electronic voting system unless a different procedure has been
established. The Members who have voted "for" or "against" or
"abstained" shall be regarded as having participated in the vote.
140. (1) At
least 10 members may request a secret ballot—either by using the
electronic voting system or by ballot papers (Article 54). A vote of
confidence or no confidence in the Cabinet, the Prime Minister, a Deputy
Prime Minister, a Minister or a State Minister shall be open.
(As amended by
the 6 May 1996 Law)
(2) At least 10
Members may request that after the voting the vote of each Member be
read out in the Plenary Chamber (Article 54).
141. (1) If case
of a tied vote (the number of the Members having voted "for" is equal to
the number of the Members having voted "against" and "abstained"), the
voting shall be repeated.
(2) If the
repeated vote also ends in a tie, the proposal put to a vote shall be
deemed rejected.
142. If within
one hour at least five Members question the validity (Article 54) of the
results of a vote, the voting should be repeated.
(As amended by the 7 October 1998 Law)
143. Decisions
shall be made by an absolute majority of the votes of the Members
present except in the cases specifically provided for in the
Constitution.
144. (1) Each
Member of the Saeima, as well as a representative of a parliamentary
group or a political bloc of the Saeima, shall have the right to make a
statement explaining his/her vote. Such a statement shall be made in
writing and submitted within 24 hours after the end of the relevant
Saeima sitting.
(2) If the
statement has been submitted before the vote and if it contains the
submitter's request to read it out, he/she shall be given the floor
immediately after the results of the voting have been announced. The
speaking time for such a statement shall not exceed five minutes.
(3) Any written
statements mentioned in paragraph 1 of this Article which have not been
read out at a Saeima sitting shall be attached to the transcript of the
sitting.
(As amended by
the 6 May 1996 Law)
7. Transcripts
(The number of
this Chapter 7 was changed by the 7 October 1998 Law)
145. The
proceedings of the Saeima sittings shall be audio-recorded for a
transcript to be made. The Head of the Records Department shall be
responsible for making sure that the transcripts correspond to the
audio-recording. The audio-recording shall be preserved. Language
experts shall correct mistakes in the transcripts and verify the
spelling of the names of persons, foreign words, geographical names; and
verify the names of enterprises, offices and organizations, the titles
of laws, resolutions and international agreements.
146. The
following shall be attached to a transcript:
1) the minutes of
a Saeima sitting which contain the agenda considered during the sitting,
the decisions adopted, and the results of the voting. The minutes of the
Saeima sitting shall be prepared by the Records Department and signed by
the person chairing the sitting—the Speaker or a Deputy Speaker and the
Saeima Secretary or his/her Deputy;
2) the table of
contents of the transcript;
3) the data fixed
by the electronic voting system;
4) written
answers to questions posed by Saeima Members;
5) the statements
of the Members explaining the reasons for their voting that have not
been read out at the Saeima sitting.
(As amended by
the 6 May 1996 Law)
147.
(1) Transcripts of open sittings and the attached written answers to
questions, as well as statements of Members explaining the reasons for
their voting, shall be published in the newspaper Latvijas Vçstnesis.
(2) Excerpts from
and copies of the transcripts of open sittings shall be issued to
Members upon their request.
(3) The procedure
by which Members may get access to the transcripts of closed sittings
shall be set by the Presidium.
(As amended by
the 6 May 1996 Law)
148. Persons
who have participated in the preparation of the transcripts of closed
sittings of the Saeima shall confirm by their signatures that they will
not disclose the contents of the transcript.
VI. SAEIMA STANDING COMMITTEES
149. (1) The
following standing committees shall function in the Saeima:
1) Foreign
Affairs Committee;
2) Budget and
Finance (Taxation) Committee;
3) Legal Affairs
Committee;
4) Human Rights
and Public Affairs Committee;
5) Education,
Culture and Science Committee;
6) Defence,
Internal Affairs and Corruption Prevention Committee;
7) Public
Administration and Local Government Committee;
8) Economic,
Agricultural, Environmental and Regional Policy Committee;
9) Social and
Employment Matters Committee;
10) Mandate,
Ethics and Submissions Committee;
11) Government
Review Committee;
12) Public
Expenditure and Audit Committee;
13) Administrative Committee;
14) National
Security Committee;
15) Citizenship
Law Implementation Committee;
16) European
Affairs Committee.
(2) The number of
members in each committee and the principles for establishing a
committee shall be determined by the Saeima.
(3) A committee
shall coordinate with the Saeima Presidium the budget appropriations
needed for foreign policy activities.
(As amended by
the 2 November 1995 Law, the 7 October 1998 Law, the 16 December 1999
Law, the 24 October 2002 Law and the 2 March 2006 Law, the 9 November
2006 Law and the 11 December 2008 Law)
150. The Saeima
may form ad hoc committees to undertake specific legislative
assignments. In specific cases the Saeima shall appoint a parliamentary
inquiry committee if so requested by at least one third of Members
(Article 26 of the Constitution). Proposals on forming such a committee
shall be reviewed at the next regular sitting of the Saeima.
151. The Saeima
Secretary shall convene and chair the first meeting of a committee until
the committee chairperson is elected. Subsequent committee meetings
shall be convened and chaired by the committee chairperson.
152. Each committee shall elect from
its members a chairperson and a secretary, and, if necessary, a deputy
chairperson. The Presidium shall be notified about the results of the
elections.
153. (1) A
Member may be the chairperson of only one standing committee at a time.
(2) A Member may
be a member of not more than two standing committees and two
subcommittees at a time.
(As amended by
the 19 February 2009 Law)
154. In the
absence of the chairperson and the deputy chairperson, the committee
secretary shall open and chair a committee meeting.
155. To fulfil
specific tasks or to perform preparatory work, a committee may elect
from its members not more than two subcommittees. Saeima Members who do
not belong to the relevant committee may be included in its subcommittee
if they consent to it.
(As amended by
the 6 May 1996 Law and the 19 February 2009 Law)
156. The
committee secretary shall convene and chair the first meeting of a
subcommittee until the subcommittee chairperson is elected. Subsequent
subcommittee meetings shall be convened and chaired by the subcommittee
chairperson.
(As amended by
the 6 May 1996 Law)
157. A
subcommittee shall elect the chairperson and the secretary from its
members. The Presidium shall be notified about the results of the
elections.
158. A
subcommittee shall submit its proposals and decisions to the committee
meeting.
159. Committee
meetings shall be open to the public. However, a closed meeting may be
held upon the decision of the Saeima or the committee.
160. Committee
meetings shall have full powers if at least half of the committee
members are present.
161. Committee
members must arrive at a committee meeting on time, and they may not
leave the meeting without the consent of the chairperson of the meeting.
A Saeima member violating this rule shall not receive remuneration for
participation in the meeting.
(As amended by
the 7 October 1998 Law)
162. The
committee members present shall confirm their participation in a
committee meeting by their signatures.
163. (1) Minutes
shall be taken at committee meetings. The minutes shall be signed by the
person chairing the meeting and the secretary. If the meeting is chaired
by the secretary or if the secretary is not present at the meeting, the
minutes shall be signed by the person chairing the meeting and by one of
the committee members as instructed by the chairperson of the meeting.
The minutes shall be made available to committee members not later than
three days after the committee meeting.
(2) The minutes
of a committee meeting shall include the following information:
1) the time of
the opening and closing of the meeting;
2) the names of
committee members participating in the meeting;
3) the names of
other persons participating in the meeting;
4) the name of
the chairperson;
5) the name of
the person taking the minutes;
6) the type of
committee meeting (open or closed);
7) the discussed
agenda items;
8) the decisions
adopted and the results of the voting.
(As amended by
the 6 May 1996 Law)
164. Each
committee member shall have the right to attach his/her own opinion to
the minutes not later than at the next meeting.
165. If a
committee member misses three successive meetings without a valid
excuse, the committee chairperson shall notify the parliamentary group
or the political bloc to which the committee member belongs. If the
committee member continues not to attend the meetings, then, upon the
proposal of the committee and in accordance with the provisions of
Article 34, the Saeima may recall the committee member and elect another
member to replace him/her.
166. Upon the
decision of the Saeima, committees shall consider draft laws, proposals
and submissions. Any committee may submit such documents, provided they
pertain to the objectives of the committee.
167. (1) Upon
expiry of the term of office of the current Saeima, committee documents
must be deposited in the Saeima archives.
(2) If a
committee is dissolved or if its activities have ended, the committee
documents must be handed over to the Presidium, which, in turn, shall
either forward them to another committee or deposit them in the Saeima
archives.
168. Information on closed committee meetings may be made public only with
the joint consent of the committee chairperson, the deputy chairperson
(if any) and the secretary.
169. (1) Presidium members and one of the Saeima Members who
have signed a particular draft law or some other submission may
participate in a committee meeting in an advisory capacity. The same
applies to a rapporteur on the draft law in question who has been
appointed by another committee. A committee has the right to invite
experts, either on a permanent or temporary basis, who may act as
advisors.
(2) Other Saeima
Members may also be present at a committee meeting, but they shall enjoy
the rights of advisors only upon a special decision of the committee.
(3) Authorized
persons from parliamentary groups or political blocs and assistants of
Saeima Members may be present at open committee meetings.
170. Rapporteurs
on a particular the draft law who have been appointed by other
committees shall be invited to participate in the meetings of the
committee responsible for the respective draft law.
171. The Prime
Minister, Deputy Prime Ministers, Ministers, Ministers of State, as well
as state officials duly authorized by them, may also participate in
committee meetings in an advisory capacity.
(As amended by
the 6 May 1996 Law)
172. (1) A
committee shall have the right, without the Presidium's mediation, to
directly request the information and explanations necessary for its work
from the respective Minister and the institutions subordinated to or
supervised by him/her, as well as from local governments. The committee
itself may summon the appropriate officials to provide the required
comments.
(2) Subcommittees
shall communicate with ministries and other institutions through the
mediation of their respective committees.
173. (1) In
compliance with the assignment given by the Saeima, a parliamentary
inquiry committee (Article 150) shall have the right to invite and
question also private persons and, if necessary, in cooperation with
experts to audit government, local government and private establishments
and enterprises, provided that the private establishments and
enterprises directly or indirectly receive state subsidies, loans,
government contracts or participate in the privatization of government
or local government property.
(2) If the
persons, establishments or enterprises referred to in this Article do
not fulfil the requirements of a parliamentary inquiry committee with
regard to their questioning or auditing, the police, upon the request of
the committee, shall take coercive measures to ensure the fulfilment of
the above requirements.
174.
(1) Draft laws shall be considered by the responsible
committee before every reading.
(2) If necessary,
a draft law may be forwarded to a subcommittee, if any, for preliminary
preparation.
(3) Prior to the
consideration of a draft law, the committee shall appoint one of its
members to report on the draft law at a committee meeting.
175. A committee decision shall be
regarded as adopted if an absolute majority of the committee members
present have voted in favour of it.
176. Committee
opinions that are to be approved by the Saeima must be formulated, if
necessary, as draft resolutions of the Saeima. Reference materials may
be attached to the committee’s opinion.
177. After a
matter has been considered, the committee shall elect a rapporteur from
its members to make a presentation on the matter at a Saeima sitting.
178. Committees
may convene joint meetings. Decisions shall be adopted by each committee
separately, except decisions concerning the agenda and procedure of a
joint meeting. The committee chairpersons shall agree upon the chairing
of the joint meeting.
179. (1) The Mandate, Ethics and
Submissions Committee shall:
1) draw up the Saeima report on
confirming or terminating a Member’s mandate;
2) prepare a draft resolution of the
Saeima in connection with a request by the Prosecutor General’s Office
to grant permission to start criminal prosecution of a Saeima Member, to
arrest, detain, or search him/her, or to otherwise restrict his/her
personal freedom, as well as to draw up proposals concerning requests to
impose an administrative sanction on a Saeima Member;
3) supervise observance of the Code of
Ethics for Members of the Saeima and review cases concerning violations
of the Code of Ethics for Members of the Saeima;
4) prepare for the Saeima a monthly
report on submissions received by the Saeima Public Relations Department
and on the review of these submissions by the Presidium, the Saeima
parliamentary groups, committees and other
Saeima organizational units.
(2) The Mandate, Ethics and
Submissions Committee shall consist of one member elected from each
parliamentary group. Members of the Committee shall refrain from
activities which can be deemed as an unjustified maligning of political
opponents or as an unjustified defence of the behaviour of another
Saeima Member on the basis of his/her political affiliation.
(3) The Mandate, Ethics and
Submissions Committee shall bring an action concerning a violation of
the Code of Ethics for Members of the Saeima not later than one week
after a Member, a group of Members or a parliamentary group has filed a
written submission which:
1) states the nature of the particular
case;
2) explains the specific violation of
the Code of Ethics for Members of the Saeima;
3) may contain evidence, if there is
any, at the disposal of the submitter;
4) may include other facts that can be
important for examining the case.
(4) If the submission lacks substantiation, it is
immediately returned to the submitter to make it more concrete and
complete.
(5) The
Mandate, Ethics and Submissions Committee shall
start to examine the case on a violation of the Code of Ethics for
Members of the Saeima not later than one week after its initiation.
After initiation of the case, the Committee should send without delay a
copy of the initiating document and the submission to the Saeima Member
whose action is the basis for initiating the case on the violation of
the Code of Ethics for Members of the Saeima.
(6) The
Mandate, Ethics and Submissions Committee shall examine the
case on the violation of the Code of Ethics for Members
of the Saeima in a public meeting not later than two weeks after the
initiation of the case. A two-thirds majority is required to have a
closed meeting instead of a public meeting. Holding a closed meeting can
be proposed by any member of the Committee.
(7) Once the
Mandate, Ethics and
Submissions Committee has determined
that a violation of the Code of Ethics for Members of the Saeima has
occurred, it shall take one of the following actions:
1) give an oral
warning to the Saeima Member which is recorded in the minutes of the
Committee meeting;
2) issue a
written warning to the Saeima Member;
3) issue a
written warning to the Saeima Member, to announce it at the Saeima
sitting, and to publish
the decision of the Committee in the newspaper Latvijas Vçstnesis.
(As amended by
the 7 October 1998 Law, the 2 March 2006 Law and the 11 December 2008
Law)
1791. Upon
receiving a written request, the Mandate, Ethics and Submissions
Committee shall evaluate whether a Saeima Member’s intended action in a
difficult situation would violate the Code of Ethics for Members of the
Saeima. When such a request is received, a Committee meeting is
scheduled as soon as is convenient for the submitter and the Committee.
(As amended by the 2 March 2006
Law)
1792. The Legal
Affairs Committee shall prepare a draft resolution of the Saeima on
approving the initiating of a criminal prosecution against a judge or
ombudsman or a draft resolution on his/her arrest, as well as draw up
proposals concerning requests to impose an administrative sanction on
the ombudsman.
(As amended by
the 11 December 2008 Law)
180. (1) Committee and subcommittee chairpersons, deputy chairpersons,
secretaries, committee members and invited experts shall receive
remuneration for attending committee and subcommittee meetings in
accordance with the amounts provided for in the budget, and their
expenses for business trips related to their official duties outside the
Saeima shall also be reimbursed.
(2) Deleted
by the 7 October 1998 Law.
(3) Not more than
two meetings of the same committee may be held on the same calendar day
if one of them lasts at least three hours and the other at least one
hour and thirty minutes, one being held before a break for a meal and
rest and the other after it. Committee members shall receive
remuneration for attending each of these meetings.
(4) If during one
calendar day Members attend meetings of the committees or subcommittees
to which they have been elected or invited in accordance with the
provisions of Article 170, they shall receive remuneration for attending
each of these meetings.
(As amended by
the 6 May 1996 Law)
181. Not later than on the fifth day
of each month a committee shall submit to the Saeima Chancellery a list
of committee meetings held in the previous month and shall indicate how
many meetings each committee member attended.
182. Committee
staff members shall be salaried from the state budget; staff members
shall be employed and dismissed upon the proposal of the committee
chairperson and in conformity with the provisions of the Labour Law.
183. (1) The
general provisions of the Rules of Procedure shall be applied by analogy
to any committee activity not mentioned in this Chapter.
(2) The
provisions concerning committee activities shall be applicable also to
the activities of subcommittees.
VII. BUDGET AND FINANCIAL
MANAGEMENT
OF THE SAEIMA
(The title of this Division was set
by the 16 December 1999 Law)
1831.
(1) The Saeima is financially independent.
(2) After the
Saeima budget request has been examined by committees and approved by
the Presidium, it shall be submitted to the Minister of Finance, who
shall incorporate it without any amendments into the draft of the State
Budget Law.
(3) Until
submission of the draft of the State Budget Law to the Saeima, the
Saeima budget request shall not be subject to amendments without consent
of the Presidium.
(As amended by
the 16 December 1999 Law)
184. Issues related to the financial management of the Saeima
shall be decided by the Presidium on the basis of the proposals of the
Administrative Committee. Finances shall be managed by the Presidium or
a Saeima official appointed by the Presidium.
185. (1) Bookkeeping records, the legitimacy and usefulness of expenditures,
as well as the annual report of the Saeima, shall be audited by the
Public Expenditure and Audit Committee.
(2) During the reporting year, the Public Expenditure and
Audit Committee shall plan and carry out an audit of selected items of
the Saeima’s financial management. After accomplishing the selective
audits, the Public Expenditure and Audit Committee shall submit its
opinion to the Presidium of the Saeima. The annual report shall be
audited at the end of each reporting year. Within six months after the
end of the reporting year, the Public Expenditure and Audit Committee
shall submit to the Saeima Presidium its opinion on the audit of the
annual report.
(As amended by
the 24 October 2002 Law)
VII1. Participation of the Saeima in EU AFFAIRS
(This
Division
VII1
was adopted by the 18
January 2001 Law)
1851. (1) The
Saeima shall participate in EU affairs through the European Affairs
Committee unless the Saeima has ruled otherwise.
(2) The European Affairs Committee
sets forth the rights of the Members of the European Parliament elected
from Latvia to participate in the work of the Committee.
(As amended by the 28 October 2004
Law)
1852. The
European Affairs Committee shall be composed of at least one Member from
each parliamentary group in the Saeima. The composition of the Committee
should be a proportionate reflection of the parliamentary groups
represented in the Saeima.
1853. The European Affairs
Committee shall examine the official positions of the Republic of Latvia
prepared in accordance with the procedure set by the Cabinet of
Ministers and shall rule on them before they are communicated to
European Union institutions.
1854. The European Affairs
Committee may send the official positions of the Republic of Latvia, as
well as legislative proposals of the European Union and documents of
other EU institutions, to other Saeima committees for them to review and
hand down decisions.
(As amended by the 28 October 2004
Law)
1855. At least once in six
months the Prime Minister or other member of the Cabinet of Ministers
duly authorised by him/her shall submit a report in writing to the
Saeima on the government’s performance and its planned future activities
pertaining to EU affairs.
(As amended by the 28 October 2004
Law
and the 15 May 2008 Law)
VIII.
PARLIAMENTARY GROUPS, POLITICAL BLOCS AND
THE COUNCIL OF PARLIAMENTARY GROUPS
186. At
least five Members of the same candidate list may form a parliamentary
group. Members elected from the same candidate list may form only one
parliamentary group and may not join another parliamentary group.
(As amended by
the 6 May 1996 Law and the 11 June 2009 Law)
187. (1) The staff of a parliamentary group shall be hired and
dismissed by the Director of the Saeima Chancellery
upon the
recommendation of the parliamentary group's chairperson and in
conformity with the provisions of the Labour Law.
(2) The employment contract is
concluded for one of the following terms:
1) for the term of office of the parliamentary group
during the relevant convocation of the Saeima;
2) for a specified term not shorter than six months with
the possibility to extend the term. If a parliamentary group ceases to
function before the end of the employment contract term, the employment
contracts with parliamentary group staff members terminate on the day the
parliamentary group ceases to function.
(As amended by the 2 November 2006
Law)
187. The limitation of the term of employment contract
specified in paragraph 1 of Article 45 of the Labour Law shall not apply
to the above employees.
(As amended by the 16 May 2002 Law)
188. Parliamentary groups may form political blocs. Members of the Saeima who
are not affiliated with any parliamentary group may join these blocs.
(As amended by the 16 May 2002 Law)
189. The
Presidium shall be immediately notified of the membership of
parliamentary groups and political blocs and of any changes therein.
190. The
Presidium, parliamentary groups and political blocs shall form the
Council of Parliamentary Groups. The Council of Parliamentary Groups
shall specify and coordinate the activities and strategies of
parliamentary groups and political blocs within the Saeima and its
committees and, together with the Presidium, shall settle the matters
referred to in paragraph 4 of Article 23.
191. Each
parliamentary group or political bloc shall delegate one representative
to the Council of Parliamentary Groups.
192. Decisions of the Council of Parliamentary Groups shall be
of an advisory nature, and they shall not be binding upon parliamentary
groups or political blocs. However, those parliamentary groups or
political blocs that do not agree with the opinion voiced by their
representative at a meeting of the Council of Parliamentary Groups must
inform the Presidium of this by the beginning of the next Saeima
sitting.
(As amended by
the 7 October 1998 Law)
193. (1) The
agenda of the meetings of the Council of Parliamentary Groups shall be
determined, and the meetings convened by the Presidium. These meetings
shall be chaired by the Speaker or a Deputy Speaker of the Saeima.
(2) The agenda of
a meeting of the Council of Parliamentary Groups may be amended if so
requested by at least one-fifth of the members of the Council of
Parliamentary Groups.
(3) Meetings of
the Council of Parliamentary Groups shall be convened if so requested by
the Council members who represent at least one-fifth of the Saeima
Members.
194. Upon
expiry of the term of office of the current Saeima, the documents of the
parliamentary groups, political blocs and the Council of Parliamentary
Groups shall be deposited in the Saeima archives.
VIII1.
OTHER GROUPS OF SAEIMA MEMBERS
(This Division
VIII1 was adopted by the 6 May 1996 Law)
1941. At least three Members may form a group of Saeima Members for promoting
cooperation with parliaments of other countries or for expressing some
other interests related to their work in the Saeima.
1942.
The members of such a group shall notify the Presidium in writing about
establishing the group, as well as about any changes in its membership.
1943.
The head of a group of Saeima Members shall be elected from its members.
1944.
No special funding shall be allocated for such other groups of Saeima
Members.
IX.
MEMBERS' ASSISTANTS
195. (1) Each
Saeima Member shall be entitled to have not more than two assistants.
Salaries for the assistants shall be paid from the state budget;
however, the total amount of remuneration for both assistants shall not
exceed the amount allocated for the salary of one assistant.
(2) The duties of
a Member's assistant shall be to settle all organizational, technical,
consultative and other matters related to the work of a Member.
196. The
obligations of a Member's assistant shall be the following:
1) to facilitate
the Member's work in the Saeima and its committees;
2) to accept
proposals and complaints from the electorate and to review their
submissions;
3) together with
the heads of local governments, enterprises and organizations, to
arrange appointments for the electorate to meet the Member;
4) to organize
meetings of the Member with the electorate;
5) to provide the
Member with the necessary information and reference materials;
6) to receive the
electorate outside the Member’s regular reception hours and, upon the
Member's request, to discuss proposed issues together with the relevant
officials or establishments;
7) to ascertain
the electorate’s opinion about the performance of the Saeima and its
Members;
8) upon the
Member's instructions, to provide the electorate with relevant
information;
9) to
settle administrative and technical issues related to the Member's work;
10) to do all
paperwork for the Member.
197. A Member's assistant shall have the right
to be present at open meetings of the Saeima committees on behalf of the
Member.
(As amended by the 7 October 1998
Law)
198. (1) A
Member's assistant
shall be
hired and dismissed by the Director of the Saeima Chancellery
upon the
Member's recommendation
and in
conformity with the provisions of the Labour Law.
(2) The employment contract is
concluded for one of the following terms:
1) for the Member’s term of office;
2) for a specified term not shorter than six months with
the possibility to extend the term. If a Member’s mandate ends before
the end of the employment contract term, the employment contract with
the Member’s assistant
terminates on the day the
Member’s mandate ends.
(As amended by the 2 November 2006
Law)
199. A Member
has the right to use the amount of money (or part of it) intended for
the remuneration of the work of an assistant in order to pay for work
completed under contract.
200. The
Saeima Chancellery shall issue a Member's assistant a standard
identification card.
(As amended by
the 7 October 1998 Law)
Transitional Provisions
1. From 1 January 2008 to 31
December 2008, in accordance with the provisions of the second sentence
of paragraph 1 of Article 12; paragraphs 2, 3, and 4 of Article 12; as
well as paragraph 2 of Article 14, the
average salary in the country’s public sector
in 2006 as
published in the official
report of the Central Statistical Bureau
shall be used as the reference
amount, and a coefficient of 1.1 shall be applied.
(As amended by
the 11 December 2008 Law)
2. From 1
January 2009 to 31 December 2009,
in accordance with the provisions of the second
sentence of paragraph 1 of Article 12; paragraphs 2, 3, and 4 of Article
12; as well as paragraph 2 of Article 14, the
average salary in the country’s public sector
in 2007 as
published in the official report of the Central
Statistical Bureau shall
be used as the reference
amount, and a coefficient of 0.812 shall be applied.
(As amended by
the 11 December 2008 Law)
3. Until
the Saeima Public
Relations Department becomes operative, the Saeima Submissions Bureau
shall provide the Saeima
Mandate, Ethics and Submissions Committee with
the information on submissions received by the Bureau and on review of
these submissions by the Saeima parliamentary groups and committees.
(As amended by
the 11 December 2008 Law)
4. From 1
July to 31 December 2009, a Member’s salary set forth in accordance with
the provisions of the third sentence, paragraph 1 of Article 12 shall be
decreased by 20%.
(As amended by
the 18 June 2009 Law)
5. From 1
July to 31 December 2009, the lump-sum payment set forth in paragraph 3
of Article 13 of the Saeima Rules of Procedure shall be paid in the
amount of one average monthly salary.
(As
supplemented by the 11 June 2009 Law)
6. From 1 July to 31 December 2009, the reimbursement sum set forth in
subparagraph 2, paragraph 2 of Article 14 of the Saeima Rules of
Procedure shall be decreased by 20%, and the reimbursement sum set forth
in paragraph 3 of Article 14 shall be decreased by 30%.
(As
supplemented by the 11 June 2009 Law)
7. From 1 July to 31 December 2009, the reimbursement sum set forth in
subparagraph 1, paragraph 2 of Article 14 of the Saeima Rules of
Procedure shall be decreased by 20%.
(As
supplemented by the 11 June 2009 Law)
8. The
new wording of Article 186 of the Saeima Rules of Procedure shall enter
into force with the convocation of the 10th Saeima.
(As
supplemented by the 11 June 2009 Law)
9. From 1
July to 31 December 2009, remuneration for participation in the work of
the Saeima standing committees as set forth in paragraph 3 of Article 12
shall be decreased by 20%.
(As
supplemented by the 18 June 2009 Law)
10. If in 2009 the number of Saeima staff members is
reduced, preference for retaining a staff member will be given to the
person who works more effectively and has a higher qualification. If
work effectiveness and qualifications do not differ, preference will be
given to the staff member who has no other regular source of income. If
the staff member has no other regular source of income, the provisions
of the Labour Law apply.
For
the purpose of interpreting this point, the following are considered as
regular sources of income:
1) salary or wages received from another
employer which are equal to or exceed the minimum monthly salary, and
the employment period set forth in the work order or work contract is
longer than three months;
2) old-age pension or service pension if the
person has the legal right to receive such a pension, regardless of
whether or not he or she actually receives the pension.
11. In 2009, a Saeima staff member who according to
Article 112 of the Labour Law has the right to receive severance pay
shall receive the severance pay in the following amount:
1) in the amount of one average monthly
salary if the length of employment has been less than 10 years;
2) in the amount of one and a half monthly
salaries if the length of employment has been 10 or more years.
(As
supplemented by the 16 July 2009 Law)
12. From 1 January 2010 to 31
December 2010, in applying the provisions of the first and second
sentences of paragraph 1, as well as paragraphs 2, 3 and 4 of Article
12; paragraph 3 of Article 13; and paragraph 2 of Article 14, the sum to
be paid shall be calculated by using the same guidelines which were in
force on 31 December 2009.
(As
supplemented by the 10 December 2009 Law)
This Law shall
take effect as of 1 September 1994.
The Law was
adopted by the Saeima on 28 July 1994.
The President of
Latvia, G. ULMANIS
Riga, 18 August
1994
Code of Ethics for Members of the Saeima of the Republic
of Latvia
1. The aim of the Code of Ethics for
Members of the Saeima of the Republic of Latvia (hereinafter—the Code of
Ethics) is to establish high standards of behaviour and thereby increase
society’s trust in the work of the Saeima.
2. The Code of Ethics is equally
binding on all Members of the Saeima.
3. The Code of Ethics is an integral
part of the Saeima’s Rules of Procedure. It sets forth principles, rules
and recommendations regarding the professional ethics that Members of
Parliament must observe in their attitude towards work, their relations
with other Members of Parliament, other institutions and society.
4. A Member of Parliament honestly
abides by the solemn oath he/she took as a Member of the Saeima.
5. A Member of Parliament respects and
always complies with the Constitution, Saeima’s Rules of Procedure and
other regulatory documents.
6. A Member of Parliament is morally
responsible to society for his/her activities (speeches, voting, etc.).
A Member of Parliament does not use
pressure by the government officials, parties or other persons as an
excuse for voting against his/her conscience.
A Member of Parliament acknowledges
his/her mistakes and tries to correct them.
7. A Member of Parliament avoids using
words, gestures and other actions that can be insulting and does not use
offensive or otherwise inappropriate statements that may dishonour the
Saeima. A Member of Parliament bases his/her decisions on facts and
their fair interpretation, as well as on logical argumentation.
8. A Member of Parliament does not use
statements and does not support actions that may be regarded as
incitement to illegal activity.
A Member of Parliament observes the
principles of human rights and does not appeal to race, gender, skin
colour, nationality, language, religious beliefs, social origin or state
of health to justify his/her argumentation.
9. A Member of Parliament does not
allow a conflict of personal or national interests and tries to avoid
situations that may create the appearance that such a conflict exists.
A Member of Parliament refuses an
invitation, does not participate in an event and tries to avoid any
other situations that may give grounds for suspecting the presence of a
conflict of interest or that may impair the prestige of the Saeima.
10. A Member of Parliament refrains
from participating in a Saeima parliamentary inquiry committee if
his/her activity is related to the matter or period under investigation.
11. A Member of Parliament does not
use his/her influence to illegally achieve favourable decision by a
public administrative institution.
12. A Member of Parliament refrains
from using for personal benefit or the benefit of persons associated
with him/her confidential information acquired by virtue of his/her
office.
13. A Member of Parliament uses the
property and resources given to him/her as frugally as possible.
14. In the buildings of the Saeima, a
Member of Parliament is properly attired and groomed. A Member of
Parliament does not frequent public places if he/she is under the
influence of alcohol or psychoactive substances or presents a grossly
indecorous appearance.
15. A Member of Parliament complies
with the lawful requests made by law enforcements officers.
16. A Member of Parliament is polite
to employees of the Saeima and of other public or municipal
institutions, as well as to every member of society.
17. A Member of Parliament keeps
learning and acquires knowledge about democratic and political culture
in his/her own country and other countries.
18. A Member of Parliament perfects
his/her rhetoric knowledge and use of the Latvian language.
19. A Member of Parliament refrains
from showing off on the Saeima rostrum.
20. In his/her private life, a Member
of Parliament does not discredit the prestige of the Saeima or raise
doubts about his/her ability to honestly fulfil the duties as a Member
of Parliament.
21. A Member of Parliament regularly
keeps open ties with society.
22. A Member of Parliament is
responsive to society and the mass media.
23. A Member of Parliament does not
avoid answering questions unless the questions pertain to confidential
information or information related to his/her private life.
(Adopted on 2 March 2006)
With amendments which have been
proclaimed by 30 December 2009.
|
