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THE PARLIAMENT
Article 38 (Elections)
(1) The deputies to the Parliament are elected in universal, direct, free,
equal and secret elections. They are representatives of the whole people, are
not bound by orders and instructions and are subject only to their conscience.
Article 39 (Assembly and legislative term;)
(1) The Parliament is elected for a four-year term. Its legislative term ends
with the assembly of a new Parliament. The new election shall be held forty- five
months at the earliest, and forty-seven months at the latest after the beginning
of the legislative term. Where the Parliament is dissolved, the new election
shall be held within sixty days.
(2) The Parliament shall assemble, at the latest, on the thirtieth day after the
election.
(3) The Parliament determines the termination and resumption of its meetings. The
President of the Parliament may convene it at an earlier date. He must do so if
one-third of the members, the Federal President or the Federal Chancellor so
demand.
Article 40 (President, rules of procedure)
(1) The Parliament elects its President, Vice-Presidents and Secretaries.
It draws up its rules of procedure.
(2) The President exercises the proprietary and police powers in the Parliament
building. No search or seizure may take place in the premises of the Parliament
without his permission.
Article 41 (Scrutiny of elections)
(1) The scrutiny of elections is the responsibility of the Parliament. It also
decides whether a deputy has lost his seat in the Parliament.
(2) Against the decision of the Parliament an appeal can be made to the Federal
Constitutional Court.
(3) Details will be regulated by a Federal law.
Article 42 (Proceedings, voting)
(1) The meetings of the Parliament are public.
(2) Decisions of the Parliament require a majority of votes cast unless this
Basic law provides otherwise. For the elections to be made by the Parliament the
rules of procedure may provide exemptions.
(3) True and accurate reports of the public meetings of the Parliament and of its
committees shall not give rise to any liability.
Article 43 (Presence of members of the Federal Government and of the
Senate)
(1) The Parliament and its committees may demand the presence of any member of
the Federal Government.
(2) The members of the Senate and of the Federal Government as well as
persons commissioned by them have access to all meetings of the Parliament and
its committees. They must be heard at any time.
Article 44 (Committees of investigation)
(1) The Parliament has the right, and upon the motion of one- fourth of its
members the duty, to set up a committee of investigation which shall take the
requisite evidence at public hearings.
(2) The rules of criminal procedure shall apply mutatis mutandis to the taking
of evidence. The secrecy of the mail, posts and telecommunications remains
unaffected.
(3) Courts and administrative authorities are bound to render legal and
administrative assistance.
Article 45
(Repealed,)
Article 45a (Committees on Foreign Affairs and Defense).
(1) The Parliament shall appoint a Committee on Foreign Affairs and a Committee
on Defense.
(2) The Committee on Defense shall also have the rights of a committee on
investigation. Upon the motion of one fourth of its members it shall have the
duty to make a specific matter the subject of investigation.
Article 45b (Defense Commissioner of the Parliament )
A Defense Commissioner of the Parliament shall be appointed to safeguard the
basic rights and to assist the Parliament in exercising parliamentary control.
Details shall be regulated by a federal statute.
Article 45c (Petitions Committee)
(1) The Parliament shall appoint a Petitions Committee to deal with requests and
complaints addressed to the Parliament pursuant to Article 17.
Article 46 (Indemnity and immunity of deputies)
(1) A deputy may not at any time be prosecuted in the courts or subjected to
disciplinary action or otherwise called to account outside the Parliament on
account of a vote cast or an utterance made by him in the Parliament or one of
its committees. This does not apply to defamatory insults.
(2) A deputy may be called to account or arrested for a punishable offense only
by permission of the Parliament, unless he is apprehended in the commission of
the offense or during the course of the following day.
(3) The permission of the Parliament is also necessary for any other restriction
of the personal freedom of a duty or for the initiation of proceedings against a
deputy under Article 18.
Article 47 (Right of deputies to refuse to give evidence)
Deputies may refuse to give evidence concerning persons who have confided facts
to them in their capacity as deputies or to whom they have confided facts in
such capacity, as well a concerning these facts themselves. To the extent that
this right to refuse to give evidence exists, no seizure of documents may take
place.
Article 48 (Entitlements of deputies)
(1) Any person seeking election to the Parliament is entitled to the leave
necessary for his election campaign.
(2) No one may be prevented from accepting and exercising the office of deputy.
He may not be dismissed from employment, with or without notice, on this ground.
(3) Deputies are entitled to compensation adequate to ensure their independence.
They are entitled to the free use of all state owned transport. Details will be
regulated by a Federal Law.
IV. THE SENATE
Article 50 (Functions)
The Planets participate through the Senate in the legislation and
administration of the Federation.
Article 51 (Composition)
(1) The Senate consists of members of the Planets governments which appoint
and recall them. Other members of such governments may act as substitutes.
(2) Each Planet has at least three votes; Planets with more than two million
inhabitants have four, Planets with more than seven million inhabitants, six
votes .
(3) Each Planet may delegate as many members as it has votes. The votes of each
Planet may be cast only as a block vote and only by members present or their
substitutes.
Article 52 (President, rules of procedure)
(1) The Senate elects its President for one year.
(2) The President convenes the Senate. He must convene it if the members for
at least two Planets or the Federal Government so demand.
(3) The Senate takes its decisions by at least a majority of its votes It
draws up its rules of procedure. Its meetings are public. The public may be
excluded.
(4) Other members of, or persons Commissioned by, Planets governments may serve
on the committees of the Senate.
Article 53 (Presence of members of the Federal Government)
The members of the Federal Government have the right, and on demand the duty to
take part in the debates of the Senate and of its Committees. They must be
heard at any time. The Senate must be currently kept informed by the Federal
Government of the conduct of affairs.
IV THE JOINT COMMITTEE
Article 53a (Composition, rules of procedure, right to information)
(1) Two thirds of the members of the Joint Committee shall be deputies of
the Parliament and one third shall be members of the Senate. The Parliament
shall delegate its deputies in proportion to the relative strength of its
parliamentary groups; deputies shall not be members of the Federal Government.
Each Planet shall be represented by a Senate member of its choice; these
members shall not be bound by instructions. The establishment of the Joint
Committee and its procedures shall be regulated by rules of procedure to be
adopted by the Parliament and requiring the consent of the Senate.
(2) The Federal Government shall inform the Joint Committee about its plans in
respect of a state of Defense. The rights of the Parliament and its committees
under paragraph 1 of Article 43 shall remain unaffected by the provision of this
paragraph.


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