RULES OF PROCEDURE

OF THE HOUSE OF PEOPLES OF THE PARLIAMENT OF THE FEDERATION OF BOSNIA AND HERZEGOVINA

Based on Amendment XXXVI to the Constitution of the Federation of Bosnia and Herzegovina (The Official Gazette of the Federation of BiH, no. 16/02) and Article IV.A.4.17. of the Constitution of the Federation of Bosnia and Herzegovina, at its 7^th meeting held on 28^th May 2003, the House of Peoples of the Parliament of the Federation of Bosnia and Herzegovina adopted the following

 

 

RULES OF PROCEDURE

OF THE HOUSE OF PEOPLES OF THE PARLIAMENT

OF THE FEDERATION OF BOSNIA AND HERZEGOVINA

 

I – GENERAL PROVISIONS

 

Article 1

 

The Rules of Procedure of the House of Peoples of the Parliament of the Federation of Bosnia and Herzegovina (hereinafter: the Rules of Procedure) shall define the following:

 

• Rights and duties of the delegates,
• Caucuses of peoples,
• Transparency of work of the House of Peoples,
• Organization and method of work of the House of Peoples and its Committees,
• Programming and coordination of the work of the House of Peoples,
• Documents of the House of Peoples,
• Relation of the House of Peoples with the President and two Vice-Presidents of the Federation,
• Implementation of the rights and duties of the House of Peoples in relation to the Government of the Federation of Bosnia and Herzegovina (hereinafter: the Government of the Federation), Federation ministries and other bodies of the Federation of Bosnia and Herzegovina (hereinafter: the Federation),
• Implementation of the rights and duties of the House of Peoples towards the Constitutional Court of the Federation of Bosnia and Herzegovina,
• Implementation of the rights and duties of the House of Peoples towards ombudspersons and courts of the Federation,
• Implementation of the rights and duties of the House of Peoples towards other bodies in the Federation,
• Cooperation with the House of Representatives of the Parliament of the Federation of Bosnia and Herzegovina (hereinafter: the House of Representatives); cooperation within cantonal assemblies, town and municipal authorities,
• Use of language and alphabet,
• Giving of oath,
• Displaying of the coat of arms and flying of the flag on the official premises of the House of Peoples,
• Operations of the House of Peoples during the wartime or imminent threat of war.

 

            The Rules of Procedure shall also define cooperation with the state authorities of Bosnia and Herzegovina, and other issues relevant for the work of the House of Peoples.

 

Article 2

 

            The House of Peoples shall be organized and operate in line with the Constitution of the Federation of Bosnia and Herzegovina (hereinafter: the Constitution of the Federation), laws and these Rules of Procedure.

 

Article 3

 

            In case that an issue of organization and work of the House of Peoples of the Parliament of the Federation of Bosnia and Herzegovina (hereinafter: the House of Peoples) is not defined by these Rules of Procedure, it shall be defined in a conclusion. 

The conclusion referred to herein above shall be enacted on the day of its adoption unless otherwise provided by the conclusion.

 

Article 4

 

            The House of Peoples shall work in the form of meetings.

            The meetings of the House of Peoples shall be labelled by ordinal numbers.

            Meetings of the House of Peoples can be:

• regular,
• extraordinary, and
• special (with public attendance).

 

Article 5

 

            The House of Peoples shall have its seal in line with the law.

            Based on the law the Secretary of the House of Peoples shall be in charge of the keeping and use of the seal.

 

Article 6

 

            The House of Peoples shall have fifty-eight delegates, specifically seventeen delegates from each of the constituent peoples and seven delegates from the rank of others.

            The House of Peoples shall be convened to sit for the first time in line with the Constitution of the Federation and law.

            The Speaker of the House of Peoples from the previous convocation shall convene the first meeting and shall chair the meeting pending the election of the new Speaker of the House of Peoples.

            If the Speaker in the previous convocation of the House of Peoples or his/her Deputy Speakers fail to convene a meeting within the set deadline, the first meeting shall be convened by at least ten newly elected delegates.

            In the case referred to in the above paragraph the eldest elected delegate shall chair the meeting.

           

Article 7

 

The committees of the House of Peoples shall operate based on the provisions of these Rules of Procedure.

 

II - IMPLEMENTATION OF RIGHTS AND DUTIES OF THE DELEGATES

 

Article 8

 

            The Delegates shall have the right and duty to attend meetings of the House of Peoples and meetings of the committees they are the members of and to take part in their work and voting.

            Exercising their duties delegates may also take part in the work of committees of the House of Peoples they are not the members of, without the voting right.

            Delegates shall have the duty to execute tasks entrusted to them by the House of Peoples or committees they are the members of within their terms of reference.

 

Article 9

 

            A Delegate who is prevented from attending a meeting of the House of Peoples or a meeting of a committee of the House of Peoples for justified reasons, or who, for certain reason, has to leave the meeting during its work, has the duty to inform the Speaker of House of Peoples, or the Chair of the relevant committee on time and to present the reasons for his/her absence. 

 

Article 10

 

            Discharging their office in the House of Peoples the delegates have right and duty to launch, within the rights and duties of the House of Peoples, initiatives for adoption and amendments to the Constitution, legislation and other regulations, and general acts of the House of Peoples, to start a discussion about enactment of these acts, as well as issues of implementation of policies, to ask the delegate’s questions falling within the terms of reference of the Parliament of the Federation of Bosnia and Herzegovina (hereinafter: the Parliament of the Federation) and to launch initiatives of interest for the peoples and citizens.

 

Article 11

 

            A delegate may seek at the meeting of the House of Peoples that voting on an issue which s/he considers important should be postponed.

            The House of Peoples shall vote at the meeting on the motion referred herein above.

 

Article 12

 

            Delegates shall be entitled to regular and timely notifications about the work of the House of Peoples, President and two Vice-Presidents of the Federation, Government of the Federation, Federation ministries, Federation administrative authorities and other bodies of the Federation administration (hereinafter: the Federation administrative authority), and organizations exercising tasks of interest for the Federation or implementing public authorities, as well as about all issues relevant to discharge their office.

 

Article 13

 

            Delegates shall be entitled to ask questions and seek information from the scope of work of the House of Peoples, from the President and two Vice-Presidents of the Federation, Prime Minister and managers managing individual administrative authorities of the Federation.

            Delegates shall submit the questions referred to in the previous paragraph in writing to the Speaker of the House of Peoples or ask them at the meeting of the House of Peoples.

            Delegates should receive answers to the asked questions until the next meeting of the House of Peoples.

            Delegates may ask questions or seek reports related to their work from the managerial bodies of the Federation agencies and funds, or from the bodies and organizations of the Federation exercising public authorities.

            A representative of the authorities referred to in paragraphs 1 and 4 hereof may immediately give an oral answer, provide the sought answer or information to the delegate at the meeting of the House of Peoples.

 

Article 14

 

            Delegates may seek from the Administrative Service of the House of Peoples to assist them with discharging of their delegate’s duties, primarily with the drafting of the proposals they submit, with tasks entrusted to them by a committee of the House of Peoples, or to ensure additional documents related to individual topics on the agenda of the meeting of the House of Peoples or committees, and they may also seek expert information or explanations.

 

Article 15

 

            Delegates shall have duty to preserve the information they learn while discharging their delegate’s office which carries the label of confidentiality based on the law and shall be held lawfully accountable for that.

            The House of Peoples shall adopt the Code of Ethics of the Delegates.

 

Article 16

 

            Materials for the meeting of the House of Peoples and those of its committees as well as the materials intended for the information of delegates shall be normally delivered 10 days prior to the meeting.

 

Article 17

 

            The issues of remunerations and costs incurred during the discharging of the delegate’s office in the House of Peoples shall be codified by law and other regulations.

 

Article 18

 

            Upon the beginning of their delegate’s office, delegates shall have duty to fill a questionnaire.

            The contents and the template of the questionnaire referred to in paragraph 1 hereof shall be defined by the relevant committee.

 

Article 19

 

            A delegate’s ID card shall be issued to the delegates.

The delegate’s ID card must not be transferred to any third parties and the delegates shall have the duty to take care of its use and keeping.

The delegate’s ID Card shall indicate: first and last name of the delegate, delegate’s right to immunity, and other rights defined by special regulations.

The contents, format and the method of the recording of the delegate’s ID cards shall be defined by a special rulebook passed by the Speaker of the House of Peoples. 

The Secretary of the House of Peoples shall be in charge of the issuing and keeping the records of the issued delegate’s ID cards. 

 

III – IMMUNITY OF THE DELEGATES

 

Article 20

 

            Delegates shall enjoy immunity in the territory of the Federation from the day of the verification until the end of their term of office in the House of Peoples.

 

Article 21

 

            Delegates shall not be held accountable in criminal or civil proceedings for any action they make while discharging their office.

 

Article 22

 

The decision shall be made on termination of immunity in each specific case in line with the Constitution and law.

 

IV – CAUCUSES OF PEOPLES

 

Article 23

 

            Three caucuses of delegates of the constituent peoples (hereinafter: the caucuses of peoples) shall be set in the House of Peoples, namely:

           

- Caucus of the delegates of the Bosniak people,

- Caucus of the delegates of the Croat people,

- Caucus of the delegates of the Serb people.

 

Article 24

 

            The Caucuses of Peoples shall be set as a form of activities of the delegates in the House of Peoples, especially in the preparations of the meetings of the House of Peoples, defining of the proposals of agendas for the meetings and resolving of conflicts within the procedure of adoption of acts of the Parliament of the Federation and the House of Peoples. 

            The Caucuses of Peoples shall have their chairs and they may also have deputy chairs who shall manage the caucuses and coordinate their activities.

            Members of the Government of the Federation shall take part in the meetings of the Caucuses of the Peoples upon invitation of the chair of the caucus.

 

Article 25

 

            Based on its possibilities the House of Peoples shall provide: premises for the work of the Caucuses of Peoples, necessary funds for their direct activity in the House of Peoples, documents and other notifications related to the work of the House of Peoples and committees of the House of Peoples, delivery of the Official Gazette of the Federation and the Official Gazette of Bosnia and Herzegovina and administrative, technical, and other tasks. 

 

 

V - TRANSPARENCY OF WORK

 

Article 26

 

            The House of Peoples shall work transparently.

            The House of Peoples shall ensure the transparency of its work by timely, full and objective communication of its work to the public.

The House of Peoples shall ensure, under equal conditions, the accessibility of information it has to all public media, except the information being a state, military, official, or business secret defined by laws or other regulations adopted based on the laws.

 

Article 27

 

            Drafts, or proposals of acts of the House of Peoples, as well as the adopted acts of the House of Peoples may be published in their entirety or partially in the media (electronic, printed, etc.) or as special publications.

 

Article 28

 

            In line with the space availability the public shall be granted free access to the meetings of the House of Peoples, noting that they may attend meetings sitting in the part of the room designated for audience. 

 

Article 29

 

            The Secretary of the House of Peoples shall ensure that in the halls of the House of Peoples where the meetings of the House of Peoples take place the seats of the delegates, the President and Vice Presidents of the Federation, the Government of the Federation, representatives of the Federation administrative authorities, the Administrative Service of the House of Peoples, press, guests and citizens are designated by special inscriptions. 

 

Article 30

 

Representatives of media shall be entitled to attend meetings of the House of Peoples and committees and to communicate their work to the public.

A decision can be made at the meeting of the House of Peoples and at the meetings of the committees that the issues labelled as secret shall be discussed without public attendance.

 

Article 31

 

            Interested media representatives shall be provided with materials for the meetings in a timely manner and conditions to follow the work of the House of Peoples shall be ensured.

 

Article 32

 

            For the purpose of providing more complete information to the public about the results of work at the meetings of the House of Peoples, official press releases may also be issued for media, and press conference can be organized. 

The official press releases referred above shall be issued especially after the meetings held in a closed session, as well as in other cases when decided so at the meetings. If the text of the official press release is not pre-defined at the meeting, the text shall be defined by the Speaker in agreement with the two Deputy Speakers and the Secretary of the House of Peoples, with the assistance of the relevant committee or delegates of the House of Peoples which shall be determined by a conclusion of the House of Peoples.

A press conference shall be held when such a decision is made by the Speaker of the House of Peoples, chairs of committees or chairs of caucuses of peoples on behalf of these bodies. On such occasion the representative who will hold the press conference shall be designated at the same time. 

 

Article 33

 

            The course of the meeting of the House of Peoples shall be audio-recorded or shorthand notes shall be taken. 

Based on the audio recording, or shorthand notes, the minutes shall be made which are beforehand authorized by the participants in the discussion. 

            The shorthand notes, as well as the minutes of the discussions and decisions taken at the meetings of the House of Peoples shall be archived as a special publication.

 

VI – ORGANIZATION AND METHOD OF WORK

 

1. Constituting of the House of Peoples

 

Article 34

 

            The House of Peoples shall have its Speaker and two Deputy Speakers who cannot be from the same constituent people or from the rank of others.

The Speaker and two Deputy Speakers of the House of Peoples shall be elected by the majority vote of the House of Peoples from among the delegates at the meeting of the House of Peoples following the verification of mandates of the delegates in the House of Peoples.  

 

Article 35

 

            The nomination for the election of the Speaker and two Deputy Speakers of the House of Peoples shall be made by each Caucus of People. Each delegate is entitled to nominate a candidate for these offices. 

            If there are several candidates for one office votes shall take place first for the candidate proposed by the Caucus of People. After the list of candidates is determined for each office the voting shall take place.

            If out of several candidates for one office no candidate receives the required majority vote, voting shall be repeated for the two candidates who got most of the votes.

            The decision on election shall be made by the majority vote, notwithstanding that in case of reconciliation, the reconciliation shall be done by representatives of the caucuses of peoples in the House of Peoples, and if the reconciliation does not succeed the voting shall be repeated in its entirety.

            If no candidate receives the required majority of votes the voting shall be repeated in its entirety.

           

Article 36

 

            The House of Peoples shall have a secretary.

            The Secretary shall be appointed by the House of Peoples.

            The nomination for appointment of the Secretary shall be submitted by the Election and Appointment Committee of the House of Peoples upon proposal of the caucuses of peoples.

 

2. Speaker, Deputy Speakers and Secretary of the House of Peoples

 

Article 37

 

The Speaker of the House of Peoples shall: 

• Represent the House of Peoples; 
• Take part in the preparation of, convene and chair meetings of the House of Peoples;  
• Initiate debate on issues within the terms of reference of the House of Peoples at the meetings; 
• Coordinate work of the committees of the House of Peoples;
• Agree with the Speaker of the House of Representatives the method and deadlines for the debate of the issues which requiring decisions of the Houses; 
• Ensure that the Working Program of the House of Peoples is implemented and inform the House of Peoples about it; 
• Ensure implementation of the Rules of Procedure of the House of Peoples; 
• Ensure that the principle of transparency is applied to the work of the House Peoples and the committees of the House of Peoples; 
• Ensure that the rights and duties of the delegates in the House of Peoples related to their office from the Terms of Reference of the House of Peoples are implemented; 
• Manage relations and cooperation between the House of Peoples and other authorities of the Federation; 
• Sign acts adopted by the House of Peoples;
• Propose the estimate of costs and revenues of the House of Peoples, adopt the rules of conduct of the House of Peoples and security rules of the House of Peoples;  
• Give instructions to the Secretary of the House of Peoples related to the execution of activities and tasks performed by the Administrative Service of the House of Peoples.

 

Article 38

 

            The Deputy Speakers of the House of Peoples shall assist the Speaker of the House of Peoples in the work, and shall execute tasks within his/her scope of work that s/he authorizes them for.

The Deputy Speakers of the House of Peoples shall replace the Speaker of the House of Peoples when s/he is prevented or does not discharge his/her office of the Speaker, in line with these Rules of Procedure.

            When discharging his/her office the Speaker shall consult with the Deputy Speakers of the House of Peoples.

           

Article 39

 

            In case that the Speaker of the House of Peoples resigns or is prevented from discharging his/her office for any other reasons, s/he shall be replaced by one of the Deputy Speakers of the House of Peoples as elected by the House of Peoples upon nomination of the caucuses of peoples pending the election of the new Speaker.

 

            If the Speaker and Deputy Speakers of the House of Peoples resign simultaneously the tasks falling within the competence of the Speaker shall be taken over by chairs of the caucuses of peoples pending the election of the new Speaker.

 

Article 40

 

            The Secretary of the House of Peoples shall assist the Speaker of the House of Peoples to prepare and manage the meetings and to coordinate work of the House of Peoples and committees of the House of Peoples, ensure that the minutes are taken, and take care of publication of the shorthand notes and minutes. 

The Secretary shall manage the Administrative Service of the House of Peoples and direct its operations.

The Secretary shall prepare proposal for provision of funds for the work of the House of Peoples and shall be the order-issuing authority for financial and material operations of the House of Peoples.

            The Secretary shall also perform other tasks entrusted to him/her by the Speaker of the House of Peoples.

In case that the Secretary of the House of Peoples is prevented from discharging his office a staff member of the Administrative Service of the House of Peoples designated by the Speaker with the consent of the two deputy Speakers shall assist the Speaker. 

The Secretary shall report to the House of Peoples for his/her performance and the performance of the Administrative Service.

 

3. Committees of the House of Peoples

 

Article 41

 

            Standing or ad hoc committees of the House of Peoples shall be established for the purpose of deliberation of issues within the responsibility of the House of Peoples, for deliberation of drafts and proposed laws and other general acts, and for preparation and performing of other tasks.

The committees shall provide their opinions, submit proposals and report to the House of Peoples about the issues within their terms of reference, and they shall vote only on those issues assigned to their direct responsibility by these Rules of Procedure or a decision of the House of Peoples. 

The standing committees shall be established based on these Rules of Procedure.

Ad hoc committees may also be established by a special decision of the House of Peoples to carry out certain tasks.

             

Article 42

 

            Members from among the delegates in the House of Peoples shall be elected as members of a committee. The Chair and deputy chair of a committee shall be elected among the members of the committee noting that they cannot be from the same constituent people.

            Exceptionally, persons such as experts, scholars, cultural or public figures can be elected as members of the Constitutional Committee, Legislative Committee, and Language Committee, noting that their number may not exceed more than one third of the total number of members of the committee.

 

The number of committees shall be specified together with the election of members of the committees, noting that the committees (Translator’s note: commissions in the original text) may not have more than seven, or more than nine members (Translator’s note: boards in the original text) . Equal number of Bosniak, Croat and Serb delegates and the corresponding number of the delegates from the rank of others in the House Peoples shall be elected as members of the committees of the House of Peoples.

            A committee shall, normally, be composed of delegates from all caucuses of peoples, noting than one delegate can normally be a member of two committees.

 

Article 43

 

            The chair of a committee in cooperation with the deputy chair and secretary of the committee shall organize activities of the committee. 

The committee chair shall: launch initiative for debate on certain issues from the terms of reference of the committee; ensure that the members of the committee are informed about issues from the terms of reference of the committee; cooperate with the Speaker and Deputy Speakers of the House of Peoples, Chairs of the other committees of the House of Peoples and Chairs of the committees of the House of Representatives, with the Chairs of the caucuses of peoples, with officials managing the administrative authorities of the Federation and with representatives of relevant organizations; ensure that conclusions of the working body are implemented; sign acts adopted by the committee; steer the work of the secretary of the committee, and perform other tasks defined by these Rules of Procedure or the decision establishing the committee. 

 

Article 44

 

            The Deputy Chair of the committee shall replace the Chair of the committee if s/he is prevented from discharging his/her office or if s/he has resigned.

 

Article 45

 

            In their absence, the Chair and Deputy Chair of a committee shall be replaced by a member of the committee designated by the committee.

 

Article 46

 

            The committees shall work in the format of meetings.

            The meeting of the committee shall be convened by the Chair of the committee based on his/her own initiative, and s/he has a duty to convene a meeting when requested by the Speaker, or a Deputy Speaker of the of the House of Peoples, Deputy Chair of that committee or at least one third of members of the committee.

            The chair of the committee shall normally convene the meeting of the committee eight days prior to the meeting of the House, and for justified reasons s/he can convene it within a shorter deadline.

            If the Chair of the committee does not convene the meeting when s/he has the duty to do it, the meeting shall be convened by the Deputy Chair of the committee and if s/he fails to do it the meeting shall be convened by the Speaker of the House of Peoples.

The committee may work if the majority of members of the committee are present, and it shall take decisions with the majority vote of the present members, except in case of the voting on the issues within the direct terms of reference of the committee, when decisions are taken by the majority vote of the total number of members of the committee.

 

Article 47

 

            Two or more committees of the House of Peoples may hold joint meetings to discuss issues within their terms of reference.

            The decisions to hold a joint meeting shall be made by the Chairs of committees.

            Chairs of working bodies referred to in paragraph 1 hereof shall jointly convene the session of the committees.

            In cases referred to in paragraph 1 hereof each committee shall make its decisions autonomously.

 

Article 48

 

            Committees of the House of Peoples may hold joint meetings with committees of the House of Representatives in order to deliberate issues of common interest.

            The decision to hold a joint meeting shall be made by the majority vote of members of those committees.

            Chairs of working bodies referred to in paragraph 1 hereof shall jointly convene meetings of the committees.

            In cases referred to in paragraph 1 hereof each committee shall make its decisions autonomously.

 

Article 49

 

            Exercising tasks within its terms of reference the committee may cooperate with relevant authorities of: the President and Vice-Presidents of the Federation, Government of the Federation, Federation administrative authorities and organizations, cantonal assemblies, Federation municipal councils, and relevant bodies of the Parliamentary Assembly of Bosnia and Herzegovina, Presidency of Bosnia and Herzegovina, Council of Ministers of Bosnia and Herzegovina, and National Assembly of Republika Srpska and Council of Peoples of Republika Srpska, and authorities of the Brčko District of Bosnia and Herzegovina.  

The committees may, in agreement with the bodies referred to in the previous paragraph organize joint debate on certain issues.

            For the purpose of a more comprehensive analysis of certain issues, representatives of the relevant authorities and organizations, as well as some experts, scholars or public figures can be invited to a meeting of the committee. 

 

Article 50

 

            Upon invitation of the Chair of a committee the meeting of the committee may be attended by the proponent or a representative of the proponent of a draft or a proposal of a law, another regulation or a general act being deliberated by it. A representative of the Government of the Federation may participate in the work of a committee even when the Government of the Federation is not the proponent.

            If the proponent does not send its representative to the meeting of the committee to which s/he has been invited the committee shall not discuss this issue and shall inform the House of Peoples and the proponent about it.

 

Article 51

 

            The committees of the House of Peoples shall deliberate motions for adoption of laws, draft laws, proposals of laws, other regulations or general acts or other materials as a part of their preparation to be discussed at the meeting of the House of Peoples and submit a report to the House of Peoples.

            The report referred in the paragraph above shall be delivered to the Speaker of the House of Peoples who shall have it distributed to the delegates of the House of Peoples.

            The committees shall also discuss reports of bodies and institutions submitted to the House of Peoples based on law. Following a discussion the committee shall adopt a position or define the proposal of the act and inform the House of Peoples about it.

            When delivering a report or a proposal to the House of Peoples the working body shall designate rapporteurs who can explain the position or proposal of the working body at the meeting of the House of Peoples.

 

Article 52

 

            The House of Peoples may set together with the House of Peoples standing or ad hoc joint committees composed of the delegates and members of the House of Representatives, or experts for monitoring, debating and analysing certain issues, as well as for the purpose of preparation and submission of the motion for adoption of laws, drafts or proposed laws or other acts within the responsibility of both houses of the Parliament of the Federation.

The terms of reference, tasks and authorities of a joint committee shall be determined by the Rules of Procedures, or decisions of both houses of the Parliament of the Federation.

Equal number of members from both houses of the Parliament of the Federation shall be elected as members of the joint committees.

The Chair and Deputy Chair of a joint working body cannot be members of the same house of the Parliament of the Federation.

            A joint committee shall be considered as established when both Houses of the Parliament of the Federation establish it as the joint committee by decisions with the identical text. The election of members of the committee shall be considered done when both houses of the Parliament of the Federation pass a decision on election of members of the committee with identical membership. 

 

Article 53

 

            The provisions of these Rules of Procedure relative to the committees of the House of Peoples shall be accordingly applied to the manner of work of the joint committees unless otherwise provided by a decision setting the working body.

 

Article 54

 

            The working bodies of the Hose of Peoples shall be the following:

 

1.    Constitutional Committee; 

2.    Legislative Committee; 

3.    Administrative Committee; 

4.    Committee of Human Rights and Freedoms; 

5.    Defence and Security Committee; 

6.    Election and Appointment Committee;

7.    Communication Committee; 

8.    Langue Committee; 

9.    Gender Equality Committee; 

10.  Mandate and Immunity Committee; 

11.  Economic and Development Policy, Finance and Budget Committee; 

12.  Committee of Economy;

13.  Spatial Planning, Ecology and Housing and Utility Committee;

14.  Agriculture, Water Management, and Forestry Committee;

15.  Denationalization and Privatization Committee;

16.  Justice, General Administration and Local Self-government Committee;

17.  Committee for Return of Refugees, Expelled and Displaced Persons; 

18.  Education, Science, Culture, Sports and Youth Committee; 

19.  Veterans and Disabled Persons, Labour, Health Care and Social Welfare Committee

 

1) The Constitutional Committee

 

Article 55

 

 The Constitutional Committee shall: 

• Monitor enforcement of the Constitution of the Federation; 
• Debate issues important for further development and building of the constitutional system and initiate alignment of the constitutional provisions with changes in social relations; 
• Examine initiatives and proposals to amend the Constitution of the Federation and the Constitution of Bosnia and Herzegovina and provide an opinion to the House of Peoples about it; 
• Ensure organization of public consultations and report to the House of Peoples about results of the public consultations; 
• Provide an opinion about proposed parliamentary amendments to the proposals for amendments to the Constitution of the Federation; 
• Discuss other issues related to the enforcement and amendments to the Constitution Federation and inform the House of Peoples about it. 

 

2) The Legislative Committee

 

Article 56

 

The Legislative Committee shall: 

• Debate drafts and proposals of laws, other regulations and general acts adopted by the House of Peoples in terms of their conformity with the Constitution of the Federation and legal system, as well as in terms of their legal considerations and submit a report with its opinion and proposals to the House of Peoples; 
• Debate issues of legislative methodology and other issues important for alignment of legal and technical processing of acts adopted by the House of Peoples; 
• Deliberate, as requested by the House of Peoples, general acts of organizations and communities to be provided with a confirmation or consent by the House of Peoples in terms of their conformity with the Constitution of the Federation and laws, and submit a report with an opinion and proposals about it; 
• Determine the consolidated texts of laws, other regulations and general acts of the House of Peoples if authorized for that; 
• Participate in the preparation of the working programs of the legislative activities of the House of Peoples;  
• Perform other tasks defined by these Rules of Procedures. 

 

The proposals of the Committee formulated as amendments to the proposed laws or other regulations and general acts shall be included in its report and shall be treated as parliamentary amendments.

 

 

3) The Administrative Committee 

 

Article 57

 

The Administrative Committee shall: 

• Prepare, define and adopt proposals of acts defining issues of remunerations of the delegates of the House of Peoples, salaries of the officials elected, or appointed by the House of Peoples, as well as issues of reimbursements of certain financial costs of delegates and officials, issues of salaries of managerial officers and other staff in the Administrative Service of the House of Peoples and Joint Service of the Parliament of the Federation, and adopt relevant acts for their enforcement, as well as individual acts on remunerations, allowances and other income; 
• Determine the amount of allowance and special remuneration for the activities of the members of committees elected from the rank of scholars, experts and public figures; 
• Determine a proposal to earmark funds in the budget of the Federation for the work of the House of Peoples and use of these funds; 
• Perform all tasks related to procurement of apartments for the needs of the House of Peoples and Common Service of the Parliament of the Federation and manage these apartments, decide on their allocation for the use; 
• Decide on allocation of temporary accommodation to officials, and if required to other staff in the Administrative Service of the House of Peoples and Common Service of the Parliament of the Federation;
• Perform other tasks defined by these Rules of Procedure and other general acts of the House of Peoples.

 

 

4. The Committee of Human Rights and Freedoms

 

Article 58

 

The Committee of Human Rights and Freedoms shall consider: issues related to violations of freedoms and rights of citizens set forth in the Constitution of the Federation and laws of the Federation by Federation authorities, public institutions, or organizations with public authorities, as well as broader issues significant for protection of human rights and fundamental freedoms initiated by ombudspersons, citizens, political organizations and citizen associations, other organizations and communities, and inform the House of Peoples about it; point out phenomena and problems related to implementation and protection of human freedoms and rights and propose measures for their more efficient protection. As a rule, the Committee shall not consider issues subject to on-going court or other proceedings, unless it is a case of inacceptable prolongation of the proceedings, or obvious abuse of authority and arbitrariness the ombudsperson indicates.

            When the House of Peoples decides to conduct an inquiry about some issue, the Committee shall do the preparations for that purpose.

            The Committee shall also consider:

• Complaints, appeals and motions the citizens forward or directly submit to the House of Peoples and inform the complainants about it and propose to the responsible authorities and organizations the measures to resolve issues and problems presented in the complaints, appeals and motions; 
• Phenomena and problems indicated by the complaints, appeals and motions for the purpose of examination of the reasons for their submission and inform the House of Peoples about it; 
• Complaints, appeals and motions indicating phenomena occurring related to the enforcement of laws and other acts or inappropriate implementation of these acts and inform the House of Peoples and relevant committees of the House of Peoples and propose undertaking of certain measures. 

The Committee shall forward complaints, appeals and motions initiating adoption of laws, or amendments to the laws and other acts to the Speaker and Deputy Speakers of the House of Peoples. 

 

5) The Security Committee[1]

 

Article 59

 

The Security Committee shall:

• Debate issues of the system and politics within the area of security in the framework of rights and duties of the House of Peoples and, in this regard, provide opinions and proposals to the House of Peoples;
• Propose measures for organization, management and development of the security in the Federation;
• Debate issues of suppression of terrorism, cross-cantonal crime, drug trafficking and organized crime;
• Debate issues on procurement, holding or carrying weapons;
• Debate drafts and proposals of laws and other general acts legislating the security area in the Federation and provide opinions and proposals to the House of Peoples.

When the House of Peoples decides to conduct an inquiry about some issue, the Committee shall do the preparations for that purpose.

 

 

6) The Election and Appointment Committee 

 

Article 60

 

The Election and Appointment Committee shall monitor enactment of the constitutional principles and legal provisions relative to implementation of the policy in this area, examine all issues related to election, appointment, nomination or removal, as well as other issues in this regard within the responsibility of the House of Peoples.

            The Committee shall cooperate with relevant bodies of other authorities and organizations in the Federation, obtain their opinions and define proposals for election, appointment, nomination, and removal within the responsibility of the House of Peoples. 

When it is provided that an opinion, or consultations of the House of Peoples are required on the issues of election, appointment, nomination or removal from the competence of other authorities and organizations of the Federation, the Committee shall provide opinion to these authorities and organizations. 

At the proposal of the Secretary of the House of Peoples the Committee shall appoint secretaries of the committees and other managerial officers of the Administrative Service of the House of Peoples and Common Service of the Parliament of the Federation.

The Secretary of the House of Peoples shall have the duty to agree on the proposal referred above with the Speaker and Deputy Speakers of the House of Peoples. 

The Committee, together with relevant Committee of the House of Peoples shall appoint the managerial officers in the Common Service of the Parliament of the Federation. 

 

7) The Communication Committee 

 

Article 61

 

The Communication Committee shall consider: allocation of electronic frequencies for radio, TV and other purposes in line with the Constitution of Bosnia and Herzegovina; issues of communication of the work of the House of Peoples and committees to the public; propose or undertake measures for promotion of public communication on the issues discussed and decided in the House of Peoples; edit web-page of the House of Peoples; ensure implementation of the special social interest of the House of Peoples in public information companies founded by the Federation, in line with the law, and drafts and proposals of laws, other regulations and general acts and other issues in the field of communication and give opinions and proposals to the House of Peoples.

 

8) The Language Committee 

 

Article 62

 

The Language Committee shall:

• Monitor implementation of equality and equal use of official languages in the Federation of BiH – Bosnian, Croatian and Serbian Language, and if required propose procedures for their implementation;
• Determine level of synonymity of the texts of the proposed legislative and normative and other acts adopted by the House of Peoples, assess if the texts are in line with standards of the langue they are written in;
• Support the proof-reading sections for Bosnian, Croatian and Serbian Language by presentation of opinions, proposals, and suggestions related to the application of language standards; 
• Resolve current issues falling in the terms of reference of the Committee;

 

The Committee may set subcommittees for Bosnian Language, for Croatian Language or for Serbian Language.

 

 

9) The Gender Equality Committee

 

Article 63

 

The Gender Equality Committee shall deliberate:

• Drafts and proposals of laws, other regulations and general acts within the responsibility of the House of Peoples from the aspect of their conformity with international conventions on ban on discrimination on the ground of sex and equality of men and women in exercising of their rights;
• Situation in the area of business and employment, health and reproduction rights of political and private life, and upbringing and education in the light of implementation of human rights and suggest activities and measures to eliminate consequences of discrimination on the ground of sex;
• Obtain information relevant to incorporate principle of gender equality  in the working program of the House of Peoples;
• Cooperate with relevant committees of the House of Peoples and House of Representatives, authorities and organizations in the cantons, in the Federation and Republika Srpska, and authorities of Bosnia and Herzegovina and authorities of the Brčko District of Bosnia and Herzegovina;
• Proposed reports and other documents of the institutions and bodies and citizen associations related to implementation of the Convention on Elimination of All Forms of Discrimination of Women (The Geneva Convention), Beijing Declaration and Platform for Action, and participate in the preparation of formal delegations of the Federation and national delegations of BiH for participation at the international gatherings related to the implementation of principles and activities enshrined in those and other documents relevant for equality of men and women.

 

 

10) The Mandate and Immunity Committee

 

Article 64

 

The Mandate and Immunity Committee shall debate: issues related to the implementation of immunity of delegates in the House of Peoples; inform the House of Peoples about the cases which invoke termination of the immunity of delegates; perform tasks of the Verification Committee related to the verification of mandates of delegates elected in the cantonal assemblies, and other issues related to immunity and mandate of delegates.

 

 

11) Economic and Development Policy, Finance and Budget Committee

 

Article 65

 

            The Committee shall debate: determination of the economic policy, including revival and development of the Federation and defining and implementation of the development strategy for individual areas; regulations on finance and financial institutions of the Federation and fiscal policy of the Federation, land use policy at the Federation level; use of natural resources; loan policy of the Federation within the loan policy of Bosnia and Herzegovina; banking policy; faster economic development of underdeveloped cantons and regions; employment; price control; commodity reserves, statistics and other issues in the area of economic and development policy within the responsibility of the House of Peoples.

            The Committee shall also debate the issues of: funding of the activities of the Federation authorities, institutions and agencies established by the Federation authorities by taxation, borrowing or other funds; funding of common needs; Federation taxes, fees, and other duties; budget and annual statement of accounts of the Federation Budget; public loans on borrowings and other duties of the Federation; issues in the aria of finance and budget in the responsibility of the House of Peoples.

The Committee shall debate the Public Report on Audit of the Budget of the Federation of BiH and prepare report of the Committee with conclusions, recommendations and proposal for discussion at the session of the House of Peoples.

The Committee shall consider the Annual Report on Business Operations of the Audit Office and other reports of the Office submitted to the Parliament of the Federation.

The Committee shall consider the Annual Report on Business Operations of public companies and institutions.

The Committee shall consider the needs for special audits of individual budget beneficiaries which are subject to a conclusion issued by the House of Peoples or Parliament of the Federation.

The Committee shall ensure control of the quality of performance of the Audit Committee and other issues related to the operations of the Audit Office set forth by the Law on Audit of the Budget of the Federation of BiH.

 

12) The Economy Committee

 

Article 66

           

            The Committee shall deliberate: issues of strategy and structure of development of industry and economy as a whole; designing and construction of investment and other facilities in the field of energy, mining, processing industry, metallurgy, and other areas relevant for the development of the Federation of Bosnia and Herzegovina as a whole; planning and long-term development programs and principles of activities in these areas, especially, those contributing to the increased employment; use of natural resources; issues of communication and traffic infrastructure, in line with the Constitution of Bosnia and Herzegovina; issues of trade in commodities and commodity reserves.

            The Committee shall consider annual reports on business operations of public companies important for the Federation and reports of the Government of the Federation on the intended use of incentive funds earmarked in the Budget of the Federation of BiH, and other economic issues within the responsibility of the House of Peoples.

 

13) The Spatial Planning, Ecology and Housing and Utility Committee

 

Article 67

 

The Committee shall debate: the issues of spatial and urban planning; housing relations and purchase of apartments; housing development and management of residential and business buildings; protection from fire and other natural disasters (earthquakes etc.); issues of operation of seismological and geological services; issues of defining and implementation of the nature and environment protection policy; development of construction land; protection and development of natural and man-made values of environment, preservation and protection of cultural and historical heritage, preservation of air, land, water, watercourses, lakes, and sea, and issues of spatial planning from the aspect of protection and improvement of environment, and other issues in this area within the responsibility of the House of Peoples.

 

14) The Agriculture, Water Management and Forestry Committee

 

Article 68

 

The Committee shall debate: agriculture development strategy; agricultural reforms; incentive measures in agriculture; price policy and protection of farmers and refiners; protection of agricultural resources (protection of land, animals and plants); forestry and hunting development strategy (Federation Forestry Program); preservation and protection of forests; strengthening of ecological functions; planning and management of forests and hunting; development of economic functions and use of concessions; funding and revival of forestry resources (Forestry Improvement and Development Fund); regime and policy of management and use of waters and mineral and hot springs and their overall protection; functioning of seismological and hydrological services.

            The Committee shall debate reports of the Government of the Federation on use of incentives defined in the Budget of the Federation of BiH for all listed activities, and other issues in the area of agriculture, water management, and forestry within the responsibility of the House of Peoples.

 

15) The Denationalization and Privatization Committee 

 

Article 69

 

The Committee shall debate: initiatives or requests of citizens, their associations and other organizations and communities for re-privatization of property subject to enforced transfer into public property, or military property via nationalization of housing and business facilities and premises, certain forms of confiscation and other types of enforced transfer of real estate property into state-owned one; and in cooperation with the Government of the Federation prepare and submit proposals for adoption of laws and other acts in this area within the responsibility of the House of Peoples.

The Committee shall also debate acts in the field of privatization and denationalization adopted by the House of Peoples, monitor and analyse implementation of processes of privatization, propose to the House of Peoples measures and acts in the field of denationalization and privatization, and other issues in this area within the responsibility of the House of Peoples.

 

 

16) Justice, General Administration and Local Self-Government Committee

 

Article 70

 

            The Committee shall debate: issues of implementation of constitutionality and legality; uniformity of the legal system; election system; Federation Government; Federation holidays; decorations, awards, and other certificates of merit of the Federation; political and territorial organization of the Federation; implementation of laws and other regulations on citizenship and travel documents of the nationals of Bosnia and Herzegovina from the territory of the Federation and stay and movement of aliens; issues of the coat of arms, flag and seals of the Federation; associating of citizens into associations and social and political organizations; public law  and order; procurement, keeping, and carrying of weapons; rallies and other public gatherings; referendum principles; legal status of religious communities; system of the Federation administration; rights, duties and responsibilities of employees within the authorities established by the authorities of the Federation, cantons and municipalities: traffic safety; trade and transport of dangerous goods; courts, prosecutor’s office and public defender’s office; lawyer profession and other types of legal aid; defining of crimes and economic offences and accountability for them; amnesty and pardon; execution of sanctions and educational measures; system of minor offences and minor offence proceedings and accountability and sanctions for minor offences violating Federation regulations; special court proceedings in the areas where social relations are defined by the Federation

            The Committee shall monitor and ensure that the principles of the European Charter of Local Self-Government are incorporated into the legislation within the responsibility of the Parliament of the Federation.

            It shall monitor and ensure reform of national legislation in the area of local governance and its approximation to the European Convention on Human Rights and Fundamental Freedoms and European international standards. It shall monitor the process of establishing of local self-government and establishing of local democracies as autonomous and democratic forms of organization of citizens, and other issues within the area of local self-government within the responsibility of the House of Peoples.

 

 

17) The Committee for Return of Refuges, Expelled and Displaced Persons 

 

Article 71

 

The Committee shall deliberate: issues of implementation of Annex VII of the General Framework Agreement for Peace in Bosnia and Herzegovina; creation of prerequisites for return of refuges and displaced persons to their homes; construction and reconstruction of housing facilities and infrastructure with the view of their return; compensation of damage for property destroyed in the war and other issues in the field of return of refuges and displaced persons within the responsibility of the House of Peoples.

 

 

18) The Education, Science, Culture, Sports and Youth Committee 

 

Article 72

 

            The Committee shall deliberate: issues of system of upbringing and education, culture, sports, and technical culture; librarianship, film industry; protection and use of cultural, historical and natural heritage; principles of organization of scholarly and research activities; planning and development programs in the area of education, science, culture, sports and technical culture and issue of protection of children and youth and their participation in all activities of the society, as well as protection of children and youth from all forms of addiction, and other issues within the area of education, science, culture, sports, and youth life within the responsibility of the House of Peoples. 

 

19) The Veterans and Disabled Persons, Labour, Health Care and Social Welfare Committee

 

Article 73

 

            The Committee shall debate: issues of position, status, and special protection of veterans, war-time military disabled persons, members of the martyr (shahid) families, or families of killed soldiers and demobilized members of the armed forces of the Federation.

            The Committee shall also debate issues of basic rights, duties, and responsibilities stemming from employment; occupational safety; pension and disability insurance; employment of military disabled persons and families of killed soldiers, and victims of aggression against Bosnia and Herzegovina; protection of victims of fascist terror and civilian victims of war; health care of citizens and organization of health service; principles of child care, care of citizens and organization of health service; care of elderly and infirm people and other types of care, and other issues in this area within the responsibility of the House of Peoples.  

 

 

JOINT COMMITTEES OF THE HOUSE OF PEOPLES AND THE HOUSE OF REPRESENTATIVES

 

The Committee for the Institution of Ombudsman of the Federation of BiH

 

Article 74

 

The Committee for the Institution of Ombudsman of the Federation of BiH shall:

• Publish the vacancy and conduct the process of election of ombudsman in line with Article 10 of the Law on Ombudsman of the Federation of Bosnia and Herzegovina (The Official Gazette of the Federation of BiH, number 32/00, hereinafter: the Law) and Rules of Procedure of the Committee, and shall publish the vacancy and conduct procedure of election of ombudsman in case of termination of office of Ombudsmen in line with Article 13 of the Law;
• Propose candidates for ombudsmen to the House of Representatives and the House of Peoples of the Parliament of the Federation of BiH in line with Article 10 of the Law;
• Debate annual performance reports of the ombudsmen and reports on implementation of the budget of this institution for the time period defined in line with Article 34 of the Law;
• Debate the use of budget for the Institution of Ombudsman in line with Article 40 of the Law;
• Make decisions related to incompatibility of the ombudsman function in line with Article 16 of the Law;
• Debate and resolve other issues related to the responsibilities of the Committee defined by the Law;
• Work on all types of relations between the Parliament of the Federation and the Ombudsman Institution.

 

The Committee for Monitoring and Control of Activities of the Intelligence and Security Service of the Federation of BiH

 

Article 75

 

            The Committee for Monitoring and Control of Activities of the Intelligence and Security Service of the Federation of BiH shall be responsible for:

                  1. Control of legality of activities of the Service,

                        2. Review of quarterly performance reports and funds and expenditures of the Service.

The Committee may seek from the director to deliver an oral report on the performance and activities of the Service.

 

4. Collegium of the House of Peoples 

 

Article 76

 

The House of Peoples shall have the Collegium consisting of: the Speaker, two Deputy Speakers, Chair of the Caucus of the Bosniak Delegates, Chair of the Caucus of the Croat Delegates, Chair of the Caucus of the Serb Delegates, and the Secretary of the House of Peoples. 

 

The Collegium of the House of Peoples shall: 

• Coordinate activities in the preparation of meetings of the House of Peoples and determination of agendas for these meetings; 
• Ensure that the rights and duties of the delegates related to the discharge of their office are implemented; 
• Ensure the cooperation with the House of Representatives;
• Ensure that the rights and duties of the House of Peoples towards the President of the Federation and Vice Presidents of the Federation and Government of the Federation in line with the Constitution of the Federation are implemented; 
• Debate issues of relations and cooperation with the assemblies of cantons, towns and municipalities;
• Ensure that the rights and duties of the House of Peoples towards the courts of the Federation in line with the Constitution of the Federation are implemented;
• Ensure that the inter-parliamentary cooperation of the entities and the state of BiH and authorities of the Brčko District of BiH is implemented;
• Debate issues of parliamentary procedure and implementation of these Rules of Procedure;
• Debate initiatives and proposals submitted to the House of Peoples;
• Determine draft and proposal of the Rules of Procedure and Work Program of the House of Peoples and ensure their implementation. 

 

Article 77

 

            Upon invitation of the Speaker of the House of Peoples the Prime Minister, his/her two deputies or a member of the Government designated by the Prime Minister shall attend sessions of the Collegium related to the preparation and defining of the proposed agendas for the meetings. 

 

Article 78

 

            The meeting of the Collegium shall be convened and managed by the Speaker of the House of Peoples. 

The Secretary of the House of Peoples shall prepare meetings of the Collegium and ensure that the minutes briefly presenting the discussed issues and agreed activities, conclusions and opinions are kept.

 

 

5.  Delegates with full-time employment

 

Article 79

 

            In a separate act the House of Peoples shall specify those delegates in the capacity of the elected delegates who shall have the status of the delegates with full-time employment in the House of Peoples.

            The rights and duties of the delegates referred to in paragraph 1 hereof shall be defined by a regulation specified in Article 17 of these Rules of Procedure.

 

VII - PROGRAMMING OF THE WORK OF THE HOUSE OF PEOPLES

 

Article 80

 

            The House of Peoples shall adopt its Work Program. 

The Work Program shall include the tasks of the House of Peoples stemming from the Constitution of the Federation, legislation, planning documents of the Federation and other activities and tasks related to the issues of interest for the Federation.

            The Work Program shall include issues within the terms of reference of the House of Peoples that will be discussed at the meeting of the House of Peoples.

The Work Program shall determine activities and tasks of the House of Peoples, their main contents and the method of their implementation. 

            The Work program shall determine implementers of activities and tasks, issues which are set for public consultations and deadlines for debating certain issues at the meetings of the House of the Peoples.

When determining their obligations and tasks the committees of the House of Peoples shall comply with the Work Program of the House of Peoples.

 

 

Article 81

 

            As a part of the preparations of the Work Program the House of Peoples shall obtain proposals and opinions about issues which should be inserted in the Work Program from delegates, committees of the House of Peoples and caucuses of peoples, President of the Federation, Government of the Federation, cantonal assemblies, town and municipal councils, as well as other Federation authorities and organizations.  

 

Article 82

 

            Based on the preparations, conducted consultations and prepared proposals and suggestions the Collegium shall prepare and define the Draft Work Program which is then forwarded to the delegates of the House of Peoples.

            The Draft Work Program shall be sent to the President and Deputy Presidents of the Federation, Government of the Federation, cantonal assemblies and other Federation authorities and organizations for their opinion and proposals. 

The Draft Work Program shall be discussed at the meeting of the House of Peoples.

 

Article 83

 

            Based on the discussion at the meeting of the House of Peoples and prepared opinions and proposals on the Draft Work Program the Collegium shall prepare and determine the text of the Proposed Work Program which is then forwarded to the delegates of the House of Peoples, as well as authorities referred to in the previous Article hereof. 

The Proposed Work Program shall be adopted by the House of Peoples at its meeting.

 

Article 84

 

            The House of Peoples shall occasionally review the implementation of the Work Program and undertake appropriate measures for its implementation.

 

Article 85

 

            The Work Program of the House of Peoples shall be published as a special publication.

 

VIII – WORK OF THE HOUSE OF PEOPLES

 

1. Convocation of the meeting, proposal and adoption of the agenda 

 

Article 86

 

            Meetings of the House of Peoples shall be held in Sarajevo.

            The Speaker, in agreement with the Deputy Speakers, may decide to hold a meeting out of Sarajevo. 

The Speaker of the House of Peoples shall convene the meetings of the House of Peoples and propose their agendas.

The invitation for the meeting of the House of Peoples shall be sent to the delegates 10 days before the day specified as the date of the meeting.

In extremely urgent cases the Speaker of the House of Peoples may convene a meeting within the deadline shorter than 10 days, and propose the agenda for such a meeting at the meeting itself.

 

Article 87

 

            The Deputy Speakers, in consultation with the Chairs of the Caucuses of Peoples shall convene the meeting if the Speaker is prevented from convening the meeting of the House of Peoples.

            If the Speaker fails to convene a meeting within the set deadline one of the Deputy Speakers shall have the duty convene the meeting of the House of Peoples within the next seven days. 

 

Article 88

 

The Speaker of the House of Peoples shall have the duty to convene a meeting of the House of Peoples within the deadline shorter than 14 days upon receipt of a written motion by 2/3 of the delegates from one of the Caucuses of Peoples on the issues they find extremely important.

If the Speaker of the House of Peoples fails to convene the meeting within the set deadline, one of the Deputy Speakers shall have the duty to convene the meeting within the next seven days. 

 

Article 89

 

            All delegates in the House of Peoples, as well as other proponents authorized by the Constitution of the Federation and these Rules of Procedure, shall be entitled to move for a certain issue be inserted in the agenda of the meeting.

            The Speaker of the House of Peoples shall insert in the proposed agenda the issues within its terms of reference tabled to the House of Peoples by the authorized proponents.

The motion for insertion of an issue in the agenda shall be made prior to the meeting.

 

Article 90

 

            The House of Peoples shall define the agenda of the meeting upon the proposal of the Speaker of the House of Peoples. If required the Speaker shall provide an explanation about the proposed agenda.

            The Speaker, any delegate, Caucus of people, committee of the House of Peoples, Prime Minister and members of the Government of the Federation, President and Vice-Presidents of the Federation may at the meeting also move for an issue to be inserted in the agenda of the meeting but they shall have the duty to explain the urgency.

            The House of Peoples shall first vote on the urgency of the motion to insert an item referred to in the previous paragraph in the agenda.

            Following the voting on the insertion of the issue referred to in Paragraphs 2 and 3 hereof the Speaker of the House of Peoples shall determine the final proposed agenda and put it on voting.

 

Article 91

 

            Together with the invitation for the meeting the delegates shall also receive the proposed agenda, materials prepared for the meeting, unless delivered beforehand, and the minutes of the previous meeting. 

The agenda of the meeting of the House of Peoples shall be determined at the beginning of the meeting.

 

Article 92

 

If a delegate thinks that an issue proposed in the agenda does not have to be discussed at the meeting of the House of Peoples, the delegate shall have the duty to explain the motion suggesting that the issue should not be discussed at the meeting.

            The delegates shall vote on the motions to insert a certain issue in the agenda of the meeting.

 

Article 93

 

            After the delegates have presented their views on the issues referred to in the previous Article the voting to accept or to reject the proposal shall follow. 

The order of voting shall follow the sequence of presentation of the motions. 

If it has been proposed that a law should be inserted and deliberated in urgent and summary procedure the House of Peoples shall vote identically as about a preliminary issue whether the proposal of the law will or will not be inserted into the agenda. 

The decision referred to in paragraphs 1 and 3 hereof shall be made with the majority vote of the delegates in the House of Peoples.

 

3. Setting the quorum, chairing and participation in the work

 

Article 94

 

            The meeting shall be managed by the Presidium of the House of Peoples composed of the Speaker, two Deputy Speakers and Secretary of the House of Peoples.

            The Speaker of the House of Peoples shall chair the meeting. 

If the Speaker is prevented, following the consultations with chairs of the Caucuses of Peoples, the meeting of the House of Peoples shall be chaired by one of the Deputy Speakers of the House of Peoples.

 

Article 95

 

            Before proposing the agenda the Speaker of the House of Peoples shall determine if there is the quorum for the work and shall inform the delegates about it. 

The quorum for the meeting shall include the majority of the delegates in the House of Peoples.

 

Article 96

 

            The President of the Federation, Vice President of the Federation, Prime Minister and members of the Government of the Federation shall, normally, participate in the work at the meeting of the House of Peoples. 

Members of the Presidency of Bosnia and Herzegovina may also attend meetings of the House of Peoples. 

            Guests invited by the Speaker of the House of Peoples may also participate in the work at the meeting in line with these Rules of Procedure.

 

Article 97

 

            A delegate, or a participant at the meeting of the House of Peoples can speak when s/he asks for and is given the floor by the Speaker.

            The registration for the participation in the discussion can be made until the end of the discussion. 

The Speaker shall give the floor to the delegates following the sequence they asked to take the floor, whiles/he shall give the floor to the Chairs of the Caucuses of Peoples irrespective of the sequence if they speak on behalf of the caucus.

 

Article 98

 

            The Speaker shall give the floor to a delegate wanting to speak either about a violation of the Rules of Procedure or non-compliance with the set agenda as soon as s/he asks for it. The speech based on a complaint may not last longer than three minutes. Following the presented complaint the Speaker shall provide an explanation. 

 

A delegate may seek to take the floor to correct a false statement that may cause misunderstanding or requires an explanation. The Speaker of the House of Peoples shall give him/her the floor as soon as the speech of the one that has provoked the explanation ends. In such case the delegate must limit him/her self to the correcting of the false statement, or explanation, and such speech may not last longer than three minutes.

 

Article 99

           

            A delegate, or a participant in the discussion, may speak only about the issues being the subject of the discussion based on the set agenda. If s/he deviates from the agenda, the Speaker shall caution him/her, or rule him/her out if after the cautioning s/he does not abide by the agenda.

 

Article 100

 

            The Speaker shall grant a break upon the motion of a Chair or a representative of a Caucus of People for the purpose of consultations within the caucus.

            The break may last not longer than one hour unless the House of Peoples decides otherwise, and thereafter the chair of the caucus of people shall have the duty to present the views of the caucus of people.

 

3. Maintenance of order

 

Article 101

             

The Speaker of the House of Peoples shall maintain order at the meeting. 

The Speaker may caution or rule out a delegate or another participant in the discussion for a violation of order at the meeting. 

The warning shall be imposed on a delegate or another participant in the discussion who by his/her conduct or speech at the meeting disturbs the order or violates provisions of these Rules of Procedure. 

A delegate or another participant in the discussion shall be ruled out if by his/her speech at the meeting s/he violates the order or provisions of these Rules of Procedure, and has already been warned twice at the same meeting to abide by the order and provisions of these Rules of Procedure. 

 

Article 102

 

            The Speaker may issue an order that any member of audience, citizen, or guest following the work at the meeting, should be removed from the hall if s/he disturbs the order. 

 

Article 103

 

            The persons who ex officio attend the meeting have the duty to effectuate the orders of the Speaker of the House of Peoples with regard to the maintaining of the order. 

If the Speaker estimates that s/he cannot maintain the order at the meeting, s/he shall decide to suspend the meeting and to proceed when the conditions are met for that, noting that the suspension may not last longer than one hour.

 

4. Course of the meeting

Article 104

 

            After determining that the quorum is present for the work of the meeting of the House of Peoples, the Speaker shall open the meeting and ask the delegates if they have any objections to the minutes from the previous meeting. 

A decision on the grounds of the objection to the minutes shall be taken in the meeting without any debate. Thereafter, the Speaker shall note that the minutes are adopted, including any possibly adopted objections. 

            Following the adoption of the minutes the delegates shall, as a rule, be granted an hour to ask questions and launch initiatives. Asking a question may not last longer than three minutes, and responding, if the response is given at the meeting, may not last longer than five minutes.

 

Article 105

 

            The agenda shall be adopted when the majority of the delegates attending the meeting of the House of Peoples accept it.

            The debate on each item of the agenda shall take place at the meeting before the decision is made on it.

            The debate on individual items of the agenda of the meeting shall be limited, specifically:

• For individual delegates up to 10 minutes when they take floor for the first time, and when they retake the floor related to the same issue this right shall be limited to 5 minutes;
• For representatives of the caucuses up to 15 minutes;
• For representatives of the committees up to 10 minutes;
• For correcting of false statements and replies 3 minutes.

 

Article 106

           

            The proponent i.e. a representative of the proponent of a draft law or a proposal of a law, other regulation or general act deliberated by the House of Peoples shall have the duty to attend the meeting of the House of Peoples. A representative of the Government of the Federation may also participate in the work of the House of Peoples when the Government of the Federation is not a proponent. If the proponent is not attending and if they do not send their representative to the meeting of the House of Peoples the relevant issue shall be removed from the agenda of the meeting and the proponent shall be informed about it.

 

Article 107

 

            The debate on individual items is unified unless otherwise provided herein.

            A debate on amendments to the Constitution of the Federation shall include, respectively, general debate and debate on specifics. 

When the adoption of a declaration, resolution or recommendation is proposed along with a debate on issues of general political significance, as well as when the proposed law or other general act is deliberated upon, a decision may be taken during the meeting to conduct a debate of such issue in general debate and debate on specifics respectively. 

During the general debate of a proposed law, the main principles of the proposed law shall be discussed and opinions may be given and explanations sought and all sorts of questions may be raised about the solutions provided in the proposed law. 

During the debate on specifics, the parts and articles of the proposed law shall be discussed, if such a decision is taken during the meeting. During the debate on specifics parliamentary amendments shall also be discussed.

            The Speaker, as a rule, presents the delegates' proposals in the order in which they were made. In order to enable efficient deliberation of the proposal and purposeful decision-making process, a decision may be taken to depart from this order and to deliberate on proposals by a group of questions that constitute one unit. 

The Speaker shall conclude the debate when s/he determines that there are no more speakers. 

 

Article 108

           

            During the meeting the Speaker of the House of Peoples may grant a break not longer than one hour.

The Speaker of the House of Peoples, in agreement with Chairs of the Caucuses of Peoples may decide to suspend the meeting.

            The suspension of the meeting may not last longer than 15 days.

           

Article 109

 

Declarations, resolutions, recommendations, statements, and conclusions may be made on the issues that are discussed at the meeting of the House of Peoples or a debate shall be concluded by proceeding to other items on the Agenda. 

 

5. Decision-making process

 

Article 110

 

            The House of Peoples shall take decisions if the majority of delegates are present at the meeting, unless the Constitution of the Federation of BiH and these Rules of Procedure provide otherwise. 

 

            Decisions shall be taken by the majority vote of the total number of the delegates in the House of Peoples unless the Constitution of the Federation of BiH and these Rules of Procedure provide otherwise. 

            The total number of delegates shall constitute the number of delegates whose mandate has been verified in the current convocation.

 

Article 111

 

            The Speaker of the House of Peoples shall have the duty to monitor during the meeting if there is the decision-making quorum.

            If the Speaker assesses that there is no the majority of the delegates attending the meeting s/he shall order a roll call.

            At the request of the Chair of a Caucus of People the Speaker shall have the duty to verify if there is the quorum for voting or not.

            In that case the quorum shall be determined by a roll call of the delegates listed on the list of delegates of the House of Peoples performed by the Secretary of the House of Peoples. When the roll call is completed those delegates who have not been marked to be attending shall be called out again.

            The results about attendance of the delegates shall be communicated by the Speaker of the House of Peoples.

 

Article 112

 

            Voting shall be public unless the Constitution of the Federation, law or these Rules of Procedure set forth the duty of the anonymous voting.

            Upon invitation of the Speaker of the House of Peoples the delegates shall vote “in favour” of a proposal, “against” the proposal, or shall ”abstain” from voting,

            The proposal shall be accepted if the majority of the delegates of the House of Peoples voted in favour of it.

 

Article 113

 

            Voting by the roll call shall be conducted when the Speaker of the House of Peoples determines that it is necessary in order to remove any doubts into regularity of the voting results.

            The Speaker of the House shall have the duty to conduct the roll call voting if a delegate supported by at least two more delegates has expressed a suspicion in the regularity of the voting results.

 

Voting by roll call shall be conducted in a way that every delegate called shall vote “in favour” or “against” the proposal or shall “abstain” from voting. 

Upon completion of the roll call, those delegates marked in the list to have not cast their vote shall be called again. 

The roll call shall be conducted by the Secretary of the House of Peoples. 

 

Article 114

 

            The Speaker shall have the duty to determine during the voting how many delegates voted “in favour” or “against” and how many “abstained” from voting.

            Upon completion of the voting the Speaker shall determine and publish the results of the voting, as well as if the proposal subject to voting is accepted or rejected.

            The motion is accepted if the majority of the delegates in the House of Peoples vote in its favour.

 

6. Decision-making process on the issues of vital interest

 

Article 115

 

a) Definition of the vital interest

 

Vital national interests of the constituent peoples shall be:   

 

• Implementation of the right of the constituent peoples to be adequately represented in the legislative, executive and judicial governmental authorities;
• Identity of a constituent people;
• Constitutional amendments;
• Organization of the public governmental authorities;
• Equal rights of the constituent peoples in the decision-making process;
• Education, religion, language, cherishing of culture, tradition and cultural heritage;
• Territorial organization;
• Public information system

and other issues to be treated as issues of the vital national interest if considered like that by 2/3 of one of the Caucuses of Delegates of the constituent peoples in the House of Peoples.

 

 

b) Parliamentary procedure for the protection of vital interests

 

Article 116

 

            Laws or other regulations or acts that are submitted to the House of Representatives of the Federation of Bosnia and Herzegovina shall also be adopted by the House of Peoples of the Parliament of the Federation of Bosnia and Herzegovina.

 

c) Procedure for laws related to vital interests as defined in the list referred to in Article 115 of the Rules of Procedure

 

Article 117

 

1. If more than one Speaker or Deputy Speaker of the House of Peoples consider that the law falls under the scope of vital national interests as defined in Article 115 of the Rules of Procedure, the law shall be included in the Agenda of the House of Peoples as a vital interest issue.

2. If only one Speaker or Deputy Speaker claims that the law falls under the scope of vital interests, 2/3 of the relevant caucus may announce that it is the matter from the list of vital interests. In this case the procedure described under Article 118 of the Rules of Procedure shall apply.

3. The Speaker and Deputy Speaker shall issue a decision within one weak.

4. If the majority of every caucus that has delegates in the House of Peoples votes in favour of such laws or other regulations or acts, they shall be considered adopted.

5. If the agreement on amendments has been reached in the House of Peoples, such law, regulation or act shall be resubmitted to the House of Representatives for their approval.

6. If agreement in the House of Peoples is not possible or if the proposed amendment has not been approved, a Joint Committee shall be formed of members of the House of Representatives and House of Peoples. The Joint Committee shall be formed on a parity basis and decisions shall be made by consensus. The Joint Committee shall harmonize the text of the law. If the text of the law is harmonized the law shall be considered adopted.

7. If no agreement has been reached, the law shall not be passed and shall be referred back to the proponent for a new procedure. In such case, the proponent may not again submit the same text of the law, regulation or act.

 

d) Procedures for laws referring to vital national interests,

if a decision is made by 2/3 majority of one of constituent people caucus in the House of Peoples

 

Article 118

 

 1. In case that 2/3 of one caucus of the constituent peoples in the House of Peoples decide that the law, other regulation or act refers to vital interest, the law shall be considered by the House of Peoples.

2. If the majority of every caucus represented in the House of Peoples votes in favour of the law, other regulation or act, it shall be considered adopted.

3. If the House of Peoples agree on amendments, the law, regulation or act shall be submitted to the House of Representatives for approval again.

4.If the Joint Committee referred to in Article 117 of these Rules of Procedure does not reach an agreement, the issue shall be forwarded to the Constitutional Court of the Federation of BiH to issue a final decision whether or not the law at issue is related to the vital interest of one of the constituent peoples.

5. The Council for the Protection of national vital interest within the Constitutional Court of the Federation of Bosnia and Herzegovina shall decide on admissibility of such cases by 2/3 majority within one weak, and within one month on merits of cases considered as admissible.

6. In case that the procedure according to this Article is initiated by 2/3 majority of one caucus, the vote of at least two judges is required for the Court to decide that it is the matter of vital interest.

7. If the Court takes positive decision on vital interest, the law shall not be considered adopted, and the document shall be referred back to the proponent that is supposed to instigate a new procedure.  In that case, the proponent may not submit the same text of law, regulation or act again.

8. If the Court decides that the law at issue is not related to vital interest, the law shall be considered adopted/shall be adopted by simple majority.

           

7. Special provisions related to the procedure for appointment, verification, dismissal and removal

 

a) General provisions

 

Article 119

 

            Appointment shall be managed by the Speaker of the House of Peoples.

            When election is conducted by secret voting, the Speaker shall be assisted by the member of the Committee for Election and Appointment and the Secretary of the House of Peoples.

            If the Speaker is a candidate for election or if it is his/her dismissal at issue, the session shall be managed by one of Deputy Speakers of the House of Peoples.

           

Article 120

 

            Provisions of these Rules of Procedure related to the procedure for election, i.e. appointment verification, shall be consistently applied to the procedure for dismissal and removal.

 

b) Election of the President and Vice Presidents of the Federation

 

Article 121

 

Election of the President and two Vice Presidents shall be conducted in accordance with the Constitution of the Federation.

 

c) Dismissal of the President and Vice Presidents of the Federation

 

Article 122

 

            The House of People may decide to file request with the Constitutional Court of the Federation to pass decision on removal the President and Vice President of the Federation if they find that the President or Vice Presidents violated the oath or if they are undeserving of the office for other reasons.

            2/3 majority of votes of the delegates in the House of Peoples is required in order to file a request referred to in the previous paragraph.

            On filing the request referred to in paragraph 1 hereof, the Speaker of the House of Peoples shall inform the Speaker of the House of Representatives.

 

Article 123

 

            If the President or one of the Vice presidents of the Federation dies or is dismissed or according to the opinion of the Government of the Federation adopted by consensus, is permanently prevented from executing his/her constitutional duties arising from his/her office, the procedure shall be conducted by caucuses of peoples in accordance with the Constitution.

 

d) Vote of confidence in the Government of the Federation

 

Article 124

           

            At least 20 delegates in the House of Peoples may initiate a motion of confidence in the Government of the Federation.     A representative of the delegates who filed a motion of no confidence in the Government of the Federation shall have the right to explain the motion during the session of the House of Peoples.

            The motion from the previous paragraph, which must be clearly defined, explained and signed shall be submitted in writing to the Speaker of the House of Peoples.

            The Speaker of the House of Peoples shall immediately deliver the motion referred to in paragraph 1 hereof to the delegates in the House of Peoples, President and Vice Presidents of the Federation, Government of the Federation and the Speaker of the House of Representatives.

 

Article 125

 

            The Government of the Federation shall consider the motion of no confidence and file a report with their opinion and positions regarding the motion to the House of Peoples.

            The Government of the Federation shall deliver report to the Speaker of the House of Peoples no later than 30 days as of receipt of the motion.

The Speaker of the House of Peoples shall send the Federation Government's Report to delegates in the House of Peoples, President and Vice presidents of the Federation and the Speaker of the House of Representatives.

             

Article 126

 

            The motion of no confidence in the Government of the Federation shall be put on the Agenda in the very next meeting that will take place after delivery of the report of the Government of the Federation to the Members in the House of Peoples.

            The Prime Minister shall have the right to elaborate on the Report of the Government of the Federation at the meeting of the House of Peoples.

If the Government of the Federation fails to file a report within the set deadline, the motion shall be put on the agenda in the very next meeting of the House of Peoples upon expiry of the aforementioned deadline.

 

Article 127

 

Debate on the motion of no confidence in the Government of the Federation may be finalized by the decision of no confidence in the Government of the Federation or by a conclusion to refuse the motion.

The conclusion, i.e. decision referred to in the previous paragraph shall be taken by the House of Peoples by a majority vote out of the total number of Members in the House of Peoples.

             The Speaker shall inform the President of the Federation and Vice-presidents of the Federation and the Speaker of the House of Representatives about the conclusion, that is, decision referred to in paragraph 1 hereof.

 

e) Verifying the appointment of judges in the Constitutional Court of the Federation

 

Article 128

 

            The President of the Federation, with the consent of Vice Presidents shall recommend judges for the Constitutional Court, while their appointment requires verification by majority of the Members in the House of People who are present and voting.

 

Article 129

 

            The House of People shall verify the appointment of officials in other authorities in accordance with the law, following the procedure established under these Rules of Procedure.

 

f) Appointment of Ombudsmen

 

Article 130

 

            In accordance with the Constitution of the Federation and law, Ombudsmen shall be appointed by the House of Peoples with the House of Representatives in the way and in line with the appointment procedure established under these Rules of Procedure.

 

g) Election of Members in the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina

 

Article 131

 

            The election of Members in the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina shall be conducted in accordance with the Constitution of the Federation and the law.

 

8. Minutes

 

Article 132

 

            Minutes shall be taken on the work of the meeting of the House of Peoples.

The minutes shall include basic information on the work in the meeting, particularly on the motions filed and conclusions rendered.

 

The voting results on certain issues shall also be included in the minutes.

A member who gives a dissenting opinion during the meeting may request that his/her opinion or some parts thereof be included in the minutes.

The Secretary of the House of Peoples shall take care of taking minutes.

           

Article 133

 

Minutes shall be made immediately upon finishing of the meeting and shall be delivered to all Members in the House along with the invitation for the next meeting the latest.

 

Article 134

 

            Every member of the House shall have the right to make objections to the minutes in the next meeting.

A decision on grounds of objections to the minutes shall be taken in the meeting without debate. 

If objections are adopted, adequate changes shall be made to the minutes.

Minutes to which no objections have been made, i.e. the minutes which have been modified in accordance with the adopted objections shall be considered adopted.

The minutes shall be signed by the Speaker and Secretary of the House of Peoples.

           

Article 135

 

            The Secretary of the House of Peoples shall be responsible for keeping the original minutes.

 

Article 136

 

            The meeting of the House of Peoples shall be audio recorded, that is, a transcript shall be made. 

            Every Member shall have the right to request redaction of his/her presentation without inserting any relevant changes in the text or leaving out the presented opinions.

The Secretary of the House of Peoples shall be responsible for exercise of rights of the Members referred to in paragraph 2 hereof.

 

Article 137

 

            Transcripts or audio recording texts and the minutes on the work of the meeting of the House of Peoples shall be maintained and published, and the Secretary of the House of Peoples shall take care of it.

            The Secretary of the House of Peoples shall closely regulate the method of keeping, sorting out and publishing of transcript and audio recording texts.

 

IX – ACTS OF THE HOUSE OF PEOPLES

 

1. General provisions

 

Article 138

 

            The House of Peoples, together with the House of Representatives, shall pass the Constitution of the Federation, laws, and budget that are under the competence of the Federation and shall provide authentic interpretation of laws.

 

The House of Peoples shall independently render the Rules of Procedure, declarations, resolutions, recommendations, decisions, conclusions and other acts in accordance with the Constitution of the Federation and these Rules of Procedure.

 

The acts referred to in paragraphs 1 and 2 hereof shall be adopted by the House of Peoples by a majority vote out of the total number of verified Members in the House of Peoples unless the Constitution of the Federation and these Rules of Procedure stipulated otherwise.

           

            The House of Peoples, as a rule, shall consider acts referred to in Article 1 hereof following their deliberation in the House of Representatives, unless the Constitution of the Federation and these Rules of Procedure stipulated otherwise.

 

Article 139

 

            Amendments and modifications to the Constitution of the Federation shall be made by the Constitutional amendments and proclaimed by a decision, a law shall be modified and amended by a law, and other general acts by a decision.

            A conclusion shall be amended or modified with a conclusion.

            Authentic interpretation may not be amended or modified. 

 

Article 140

 

            Declaration shall express the position of the House of Peoples on important issues in the interest of the Federation and Bosnia and Herzegovina. 

 

Article 141

 

            A resolution shall refer to the situation, problems and needs in all areas or in a certain area of social life and shall determine policy to be conducted in all areas or a certain area, as well as measures for its implementation.

A resolution shall also contain guidelines for the work of the Federation authorities and organizations related to the matters to which it refers.

 

Article 142

 

            A recommendation shall refer to significance of certain matters related to the development of relations in a certain area or implementation of laws and other general acts of the House of Peoples. 

Recommendation shall express the opinion of the House of Peoples related to the harmonization of relationships and development of mutual cooperation between organizations and communities in issues of common interest.

Recommendation shall propose measures that the Federation authorities and organizations should undertake in order to resolve certain issues.

 

Article 143

 

            A decision shall be taken as an act of exercise of rights and duties, as a regulation for the implementation of laws and other general acts in the House of Peoples, or as an act of regulating internal organization and relationships in the House of Peoples.

As an act of exercise of rights, a decision shall be taken on the election, appointment, dismissal, removal, suspension and resignation, on issuing a certificate or consent for acts of the Federation authorities and organizations, as well as other rights of the House of Peoples in cases when provided for in the Constitution of the Federation, law and these Rules of Procedure.

Decision as an executive regulation is an act rendered for implementation and specifying of certain provisions of the law if the law envisaged so.

            A decision shall regulate internal organization, work and relations in the House of Peoples.

Amendments to the Rules of Procedure of the House of Peoples shall be made by a decision.

 

Article 144

 

            The House of Peoples shall issue a conclusion regulating their work and the work of the committee that the House of Peoples formed.

            In a conclusion, the House of Peoples may also establish obligations of the Government of the Federation and Federation administrative authorities in terms of preparing the laws, other regulations and general acts or performing other activities within their purview.

In a conclusion, the House of Peoples may take a position regarding issues that they considered, except for the issue regarding a position that is expressed in a Declaration.

 

Article 145

 

            Acts which were delivered at the meeting of the House of Peoples shall be signed by the Speaker of the House of Peoples, while acts delivered at the committee session shall be signed by the chair of the committee.

 

Article 146

 

            Text of the law or other regulations and general acts that both houses of the Parliament of the Federation adopted in identical text shall be considered the original text of the law or other regulation and general act of the House of Peoples.

 

Article 147

 

            Original text of the law and other acts passed by the House of Peoples shall bear the stamp of the Federation in accordance with the law.

            The Secretary of the House of Peoples shall take care of creating original texts, affixing stamps thereto, their maintenance and recording.

 

Article 148

 

            The Secretary of the House of Peoples shall establish cooperation with the Secretary of the House of Representatives in delivering laws ad other acts adopted in the House of Peoples under the competence of the House of Peoples and House of Representatives, to the President of the Federation for signing.

            When the President of the Federation fails to sign the law or other act from the previous paragraph because it was not adopted in accordance with Article IV.A.17 and 19 of the Constitution of the Federation, the Secretary of the House of Peoples shall immediately inform the Speaker of the House of Peoples thereof.

           

Article 149

 

            The Speaker of the House of Peoples shall, in the very next meeting of the House of Peoples from the day of receipt of the notification from Article 148 of these Rules of Procedure, inform the Members of the reasons why the President of the Federation failed to sign the law or other act.

            The House of Peoples shall consider the notification from the Speaker of the House of Peoples in accordance with the Constitution of the Federation.

 

Article 150

 

            Laws and other acts of the House of Peoples shall be published in the "Official Gazette of the Federation of BiH", in Bosnian, Croatian and Serbian languages, using alphabets in official use in the Federation.

The Secretary of the House of Peoples shall be responsible for publishing laws and other acts, as well as delivery of conclusions rendered in the meeting of the House of Peoples.

            Conclusions rendered in the meeting of the House of Peoples shall be delivered to authorities and organizations to which they refer.

            The Secretary of the House of Peoples shall establish cooperation with the Secretary of the House of Representatives in the procedure of publishing laws and other acts under the competence o the House of Peoples and House of Representatives.

 

2. Basic provisions on the legislative procedure

 

1. Legislative initiative

 

Article 151

 

            Legislative initiative may be launched by companies, chambers of commerce and other general associations and communities, political organizations, civic associations and citizens.

            Legislative initiative shall be delivered to the Speaker of the House of Peoples.

 

Article 152

 

            Legislative initiative shall be delivered by the Speaker of the House of Peoples to the relevant committees in the House of Peoples.

            The initiative shall first be considered by the Legislative Committee and relevant committee of the House of Peoples. The proponent of the initiative shall be informed about the meeting of the Legislative Committee for deliberation of the initiative.

            In a conclusion on accepting the initiative the House of Peoples shall determine the method of preparation and legislative drafters.

            The conclusion from the previous paragraph or conclusion on non- accepting the initiative shall be delivered to the proponent of the initiative.

 

b) Proposal to pass the law

 

Article 153

 

            Before tabling a draft law the proponent may submit the proposal for passing the law with the view to having a preliminary debate on the necessity to pass a law, on basic issues that should be regulated by the law and underlying principles of the law.

 

Article 154

 

            The House of Peoples shall make a preliminary assessment whether to consider the proposal for passing the law or render a conclusion obliging the proponent to immediately prepare the draft law.

            If the House of Peoples accepts to consider the proposal for passing the law, they shall issue a conclusion establishing the need for passing the law, the underlying principles of a draft law and basic issues that should be regulated by the law.

 

c) Draft law

 

Article 155

 

The Government of the Federation shall be responsible for tabling the draft law.

            A draft law may be tabled by any Member, caucus of the constituent peoples in the House of Peoples, committee of the House of Peoples, President and Vice presidents of the Federation, Prime Minister, cantonal assemblies, town and municipal council.

           

Article 156

 

            A draft law should be made in the way to formulate, in the form of legal provisions, solutions that are being proposed. Individual provisions may be given in one or several versions.

            A draft law should include the explanatory memorandum with the following information: constitutional basis for passing the law, reasons for which the law should be passed, principles on which relationships should be regulated in an appropriate area, funds and other means required for the implementation of the law and method for ensuring them and explanatory memorandum of legal solutions contained in the draft, opinions of the authorities and organizations that were consulted in the course of its drafting but which the proponent of the draft did not adopt, as well as the reasons thereof.

            If a draft law falls under the scope of joint competence of the Federation and cantons, pursuant to Article III.2 and III.3 of the Federation Constitution, opinions of the relevant cantonal authorities shall be enclosed in the explanatory memorandum, including the opinions of the proponents on the suggestions and opinions of cantons that have not been accepted and the reasons thereof.

            All required documentation shall be enclosed with the draft law.

            If a draft law is aimed at making the amendments to the law, text of the legal provisions that are subject of amendments and modifications shall be enclosed with the draft law.

 

Article 157

 

            A draft law shall be submitted to the Speaker of the House of Peoples who will refer it to the Legislative Committee of the House of Peoples and relevant committees if consideration of a draft law is under their competence.

The Speaker of the House of Peoples shall deliver the draft law to the President of the Federation and Vice-presidents of the Federation, as well as the Speaker of the House of Representatives, if he/she has not received a draft law directly from the proponent. 

            The Speaker shall deliver the draft law to the Members, cantonal legislative bodies if a draft law is passed in accordance with Articles III.2 and III.3 of the Constitution of the Federation.

            If a draft law has not been tabled by the Prime Minister, the Speaker of the House of Peoples shall deliver it to the Government of the Federation for their opinion.

If a draft law has been tabled by the Member in the House of Peoples, the Speaker shall deliver it to the House of Representatives as well.

In case that the Government of the Federation does not submit their opinion within 15 days, it will be considered that they agree with the draft law.

 

Article 158

 

A draft law may be debated in the meeting of the House of Peoples 10 days after its delivery to Members.

 

Article 159

 

Prior to debating the draft law in the meeting of the House of Peoples, the draft law shall be considered by the Legislative Committee and relevant committees that will file report thereof to the House of Peoples no later than 8 days prior to holding a meeting of the House of Peoples where the law will be deliberated.

Legislative Committee shall deliver its report immediately after the meeting to the Prime Minister and the proponent if the Prime Minister is not the proponent.

 

Article 160

 

Debate on a draft law in the meeting of the House of Peoples, shall be, as a rule, uniform.

The House of Peoples may decide that debate of a draft law should include general debate and debate on specifics.

In general debate, Members shall give their opinion on whether it is necessary to pass a law, on the underlying legislative principles and whether these principles were consistently implemented in the draft, as well as on necessary funds and their sources. 

Debate on specifics shall deal with individual solutions in the draft.

 

Article 161

 

            If the House of Peoples finds that it is not necessary to pass a law, they shall refuse the draft in a conclusion.

If the Legislative Committee of the House of Peoples provides an opinion on a draft law finding that it was not in line with the Constitution of the Federation and legal system in the Federation, the House of Peoples shall take a preliminary position on the opinion of the Legislative Committee.

            If the House of Peoples supports the opinion of the Legislative Committee from the previous paragraph, the draft law shall be considered refused.

 

Article 162

           

Upon the completion of debate, the House of Representatives shall in a conclusion determine that they accept the draft law and that the draft law may serve as the basis for drafting a proposed law with positions and objections to the draft law presented by Members in the meeting of the House of Peoples, and the conclusion with the aforementioned positions and objections shall be delivered to the proponent to take them into account when drafting the proposed law.

 

Article 163

 

            The legislative procedure includes deliberation of a proposal to pass a law, draft law and proposed law, unless these Rules of Procedure stipulated otherwise.

 

d) Summary procedure for passing a law

 

Article 164

 

            If the work program of the House of Peoples envisage so and if it is not a complex and extensive law, the proponent of the proposed law may table a proposed law instead of a draft law moving that the proposed law be considered in a summary procedure without a draft law.

                        The proposed law referred to in the previous paragraph shall be delivered to delegates not less than 15 days of the day set for holding a meeting of the House of Peoples for consideration of the proposed law.

            If the summary procedure for enacting the law has not been envisaged under the Work Program, the House of Peoples shall decide thereon as a preliminary matter, whether they shall deliberate on the proposed law in a summary procedure.

            If the House of Peoples finds that the law is not complex and extensive, it shall accept the proposal of the proponent and proceed with the debate of the proposed law.

            If the House of Peoples does not accept to consider the proposed law in a summary procedure, the proposed law shall be deliberated as a draft law, and the draft law shall be deliberated immediately in the same meeting of the House of Peoples.

 

e) Public consultations about a draft law, other regulations or general acts

 

Article 165

 

            If envisaged under the Work Program or if the House of Peoples accepts the draft law, they may decide, if it is about the matters of special interest for the citizens, companies and other legal entities, cantons, cities, municipalities, Federation and it is necessary to hold a very extensive debate among the interested authorities and organizations, scientific and professional institutions and citizens, the House of Peoples may decide to put the draft law or an individual issue from the draft law in a public consultations.

            The House of Peoples may also issue the decision referred to in the previous paragraph upon the initiative of the authorized proponent of the law or Caucus of Bosniak delegates, Caucus of Croat delegates and Caucus of Serb delegates.

 

Article 166

 

            If they decide to put a draft law or an individual matter from the draft law in public consultations, in a conclusion the House of Peoples shall:

 

• Determine the way of publishing a draft law or individual matter from the draft;
• Assign a committee of the House of Peoples which will organize and run public consultations;

• Determine the scope and level of public consultations;
• Establish the required funds and sources of funds for organizing and implementation of public consultations;
• Set the deadline within which public consultations should be conducted;
• Determine the way of collecting and sorting out opinions and proposals from public consultations.

 

Article 167

 

            In organizing and conducting public consultations on a draft law, a committee of the House of Peoples shall cooperate with the relevant committee of the House of Representatives and political parties, companies, institutions and other organizations and communities, as well as scientific and professional institutions and relevant cantonal bodies.

 

Article 168

 

            A committee of the House of Peoples shall submit to the House of Peoples a report on the results of a public consultations on a draft law.

            The report by committee in charge of running public consultations shall contain results of the public consultations including the presented proposals and opinions on individual issues.

            The report shall be submitted to the proponent of the law including a conclusion of the House of Peoples on the positions on the report of a committee of the House of People.

            In the preparation of the proposed law the proponent shall take into account proposals and opinions from the report of the committee of the House of Peoples on the results of a public consultations, and shall explain the reasons why they accepted some of the proposals and opinions presented during the public consultations.

 

Article 169

 

            If a committee which submits a report on the results of public consultations is also the proponent of the law, it may also submit the proposed law along with the report.

            If a proposed law which was prepared on the basis of results of public consultations has also been tabled to the House of Peoples, the House of People shall consider both Report on the results of public consultations and the proposed law in the same meeting.

 

Article 170

 

            The provisions of these Rules of Procedure referring to the public consultations about the draft law shall consistently apply to public consultations about drafts of other regulations or general acts in the House of Peoples.

 

f) Proposed law

 

Article 171

 

            The proposed law shall be tabled in the same form in which a law is passed.

            Explanatory memorandum to the proposed law shall contain, in addition to the issues referred to in Article 156 paragraph 2 hereof, the issues that are being solved by the proposed law, explanations of important legal provisions, amendments that have been made to the draft law, other amendments that are being proposed, objections and proposals to the draft law which are not accepted and the reasons why, as well as other relevant circumstances relating to the matters governed by the law.

 

Article 172

 

            The proposed law may be tabled by the authorized proponents referred to in Article 155 hereof.

            Pursuant to Article 157 hereof the relevant provisions of these Rules concerning the draft law shall consistently apply to the manner of tabling the proposed law and its submission.

 

Article 173

 

            The proposed lay may be discussed in the meeting of the House of Peoples only after a period of 10 days of the date of its delivery to the Members has expired.

 

Article 174

 

            In accordance with these Rules of Procedure, the Legislative Committee together with another relevant committee shall conduct the preliminary deliberation of the proposed law.

 

Article 175

 

            Provisions of Articles 160 of the Rules of Procedure shall consistently apply to the deliberation of the proposed law.

            During general debate of the proposed law, it is discussed if the proposed law has been drafted in accordance with the conclusion adopted during the deliberation of a draft law.

 

During debate on specifics of the proposed law, individual solutions in the proposal shall be discussed and decisions on the amendments thereof shall be taken.

 

Article 176

 

            The proponent of the proposed law may, by the end of the debate, propose to the House of Peoples to postpone deliberation on the proposed law.

            The Prime Minister may propose that deliberation on the proposed law be postponed even though the Government is not the proponent.

            The House of Peoples shall immediately decide on the proposals referred to in paragraphs 1 and 2 hereof and other motions for postponing deliberation on the proposed law.

            The proponent may, by the beginning of debate, withdraw the proposed law.       

 

g) Amendments

 

Article 177

 

            A motion to amend a law shall be filed in the form of a written amendment with an explanatory memorandum.

            If an amendment contains a provision referring to the use of funds, the proponent of the amendment shall reveal the sources of these funds.

            An amendment shall be submitted to the Speaker of the House of Peoples not less than three days before the date of holding a meeting of the House of Peoples where the proposed law will be debated.

            The proponent of the proposed law may table amendments by the end of the deliberation of the proposed law.

            By the end of debate, the Government of the Federation may also table amendments to the proposed law that they did propose.

 

Article 178

 

            Every authorized proponent from Articles 155 and 172 hereof shall have the right to table amendments.

 

Article 179

 

            A Member of the House may table an amendment to the amendment of the proponent by the end of the debate.

            If an amendment is aimed at changing the underlying principles of the law or if it implies the use of considerable funds, the House of Peoples, at the proposal of ten Members, the Government of the Federation, Legislative Committee or other relevant committee, may decide to postpone debate in order for caucuses of peoples to take their positions.

 

Article 180

 

            If an amendment to proposed law is aimed at making considerable changes to the law, a decision cannot be taken before obtaining opinions thereof by the relevant committees of the House of Peoples, Legislative Committee and the Government of the Federation.

 

Article 181

 

            If an amendment to the proposed law contains provisions implying the use of funds, the Speaker of the House of Peoples shall submit the amendment to the relevant committee of the House responsible for finances and budget to consider the impact of the amendments on the available funds and on facilitation of funds for financing the proposed solution and to inform the House of Peoples thereof.

 

Article 182

 

            When debating an amendment to the proposed law which was tabled during the debate, the House of People may decide to stop the debate in order for the Government of the Federation, relevant committees of the House of Peoples and Legislative Committee to give their opinions on the amendment.

 

Article 183

 

            The proponent shall be entitled to give opinion on the amendment.

            The Government of the Federation shall be entitled to give opinion on the amendment even though it is not the proponent of the proposed law.

            An amendment of the proponent, as well as an amendment by other authorized proponents with which the proponent agreed shall become an integral part of the proposed law.

            If a Member of the House requests a separate opinion of the House of Peoples on the amendment with which the proponent has not agreed, this amendment shall be voted separately.

            If the proposed law has not been tabled by the Government of the Federation, the House of Peoples shall separately vote on the amendment to the proposed law with which the Government of the Federation has not agreed.

 

Article 184

 

            An amendment shall be adopted by a majority vote of Members in the House of Peoples, i.e. majority required to adopt the law.

            If several amendments have been tabled to the proposed law in different texts, the amendment with the highest number of votes received from the Members in the meeting shall be adopted.

            If the amendment is related to vital interest, the provisions of the Rules of Procedure related to deciding on vital interest matters shall apply.

The adopted amendment shall be considered an integral part of the proposed law.

 

Article 185

 

            The proponent referred to in Article 178 hereof shall be entitled to withdraw the tabled amendment by the end of deliberation on the amendment.

 

h) Passing a law in emergency procedure

 

Article 186

 

            Laws, as a rule, may not be passed in an urgent procedure.

            Exceptionally, emergency procedure may be applied only to the law regulating relations and issues that require immediate solutions and in case where the passage of a law in a regular procedure may result in detrimental consequences for the Federation.

 

Article 187

 

            The motion to pass a law in the emergency procedure may be submitted by the authorized proponent of the law referred to in Articles 155 and 172 hereof.

            The proponent must specify the reasons in the Motion that require the law to be passed in emergency procedure.

            In addition to the Motion to pass a law in emergency procedure, the proposed law shall also be enclosed.

 

Article 188

 

            The House of Peoples shall decide on the motion to pass a law in emergency procedure as a preliminary issue prior to establishing the Agenda.

            The  Motion shall be debated. The House of Peoples may decide that the proponent or his/her representative at the meeting of the House of Peoples, shall verbally explain the reasons for which it is necessary to pass the law in emergency procedure.

            If the proposed law has not been tabled by the Government of the Federation, prior to decision-making, the House of Peoples shall seek the opinion on the Motion from the Government of the Federation.

            If the House of People adopts the motion to pass the law in emergency procedure, the proposed law shall be put on the agenda and a decision thereof shall be made in the same meeting.

            If the House of Peoples fails to adopt the reasons referred to in Article 186 paragraph 2 hereof for passing the law in emergency procedure, they shall immediately inform the proponent about the conclusion thereof.

            The proponent of the law may table this proposed law to the House of Peoples as a draft law in accordance with Articles 155 through 163 hereof.

           

Article 189

 

            When the Speaker of the House of Peoples receives the Motion for passing the law in emergency procedure, he/she shall request the Legislative Committee and the relevant committee to consider the proposed law and submit report to the House of Peoples.

 

Article 190

 

            Amendments may be filed to the proposed law which is passed in emergency procedure by the end of the debate.   

            Amendments shall be tabled in writing and directly delivered to the Speaker of the House of Peoples during the meeting, whereas the explanatory memorandum to amendments may also be submitted verbally.

            If the amendment is aimed at changing the underlying principles of the proposed law, or if the acceptance of amendments would result in a significant change in the text of proposed law and if the amendment envisages the use of funds, the House of Peoples shall decide on the amendment after obtaining the opinion from the Legislative Committee and relevant committee, as well as opinion from the Federation Government.

            The Legislative Committee shall immediately consider the amendments and submit a report with opinion and proposals to the House of Peoples.

 

Article 191

 

            The Legislative Committee together with the Members of the Committee shall consider the amendments referred to in Article 190 hereof and shall file a report to the House of Peoples.

            During the meeting, the Legislative Committee in the composition from the previous paragraph shall also consider proposed laws in emergency procedure referred to in Article 189 hereof.

 

i) Legislative procedure and the procedure for harmonization of different texts of the adopted laws

 

Article 192

 

            Laws and other acts shall be considered adopted when they are adopted in both houses in the Parliament of the Federation in the identical text.

 

Article 193

 

            If the House of Peoples adopted a law or other act prior to its adoption by the House of Representatives, the Speaker of the House of Peoples shall, immediately and not later than 24 hours following the meeting, submit to the delegates the adopted amendments to the proposed law.

 

            If the House of Representatives adopted the law prior to its adoption by the House of Peoples, the Speaker of the Hose of Peoples shall immediately submit it to the Member and not later than 24 hours following the delivery of the law of the House of Representatives, i.e. amendments adopted by the House of Representatives.

 

Article 194

 

The House of Peoples may verify or return to the House of Representatives the proposed amendments to the law or other act, along with the amendments adopted by the House of Peoples.

 

Article 195

 

            If after new debate no agreement is reached on the identical text, the Houses shall form a Joint Committee of five members from each House to harmonize proposals for solving the disputable issue.

 

Article 196

 

            If the Joint Committee does not reach the agreement or if one of the houses fails to adopt the text as proposed by the Committee, the disputable proposed law or other act shall be removed from the agenda of the meeting of the House of Peoples and the Speaker shall inform the Prime Minster thereof in order for him/her to decide whether to act in accordance with the authorities vested in him/her in the Constitution of the Federation.

 

Article 197

 

            If the House of Representatives fails to adopt the law adopted by the House of Peoples, the Speaker of the House of Peoples shall report thereof to the Speaker of the House of Representatives and thereupon the House of Representatives shall again conduct decision-making process whether to pass that law or not. If the House of Representatives following a new debate decide not to pass the law, they shall inform thereof the Speaker of the House of Peoples.

 

Article 198

 

            The Speaker of the House of Peoples shall inform the Prime Minister and the President and Vice-presidents of the Federation about failure to pass the law referred to in Articles 195 and 196 hereof.

 

j) Making corrections to the law, other regulations and general acts

 

Article 199

 

            The motion to make corrections to printing errors in the published text of the law or other general acts of the House of Peoples shall be tabled by the Federation Administrative Authority responsible for the implementation of such acts. 

 

Article 200

 

            The Secretary of the House of Peoples, together with the Secretary of the House of Representatives, shall make corrections to the printing errors in the published text of the law, other regulations or general acts of the House of Peoples, after its reconciliation with the original text of the law, other regulations and general acts of the House of Peoples.

 

3. Provisions on the procedure for passing other acts

 

a) Adopting Federation budget and annual financial report on the budget of the Federation

Article 201

 

            The Government of the Federation, at the proposal of the Prime Minister, shall develop a draft, that is, proposed budget and annual financial report on the budget of the Federation and shall submit them together with explanatory memorandum and necessary documents to the Speaker of the House of Peoples.

           

Article 202

 

            The provisions of these Rules on Procedure relating to the procedure for passing laws hereof shall also consistently apply to the procedure for passing acts referred to in Article 201, except for the provisions on deadlines that are established under the work programme or a separate decision of the House of Peoples, i.e. law.

 

b) making decisions, declarations, resolutions and recommendations    

 

Article 203

 

            Making decisions, declarations, resolutions and recommendations shall be conducted in accordance with the provisions of these Rules of Procedure relating to the procedure for passing laws. A draft shall not be prepared during the procedure for passing these acts, unless the House of Peoples decided otherwise. The deadline for considering the proposed acts may not be shorter than 10 days as of the date set for holding a meeting of the House of Peoples.

 

            Notwithstanding Article 1 hereof, the proposed acts may also be tabled during the meeting of the House of Peoples in case of a pressing need.

             Deliberation of the proposed act referred to in paragraphs 1 and 2 hereof shall be conducted in a uniform procedure, unless the House of Peoples decided that the debate should include general debate and debate on specifics respectively.

           

c) Providing authentic interpretation of a law

 

Article 204

 

            Authentic interpretation is a general act that verifies truthfulness, authenticity, original and correct meaning of an ambiguous provision in the law.

Authentic interpretation shall apply and shall be enforced as of the day of the implementation of a particular provision in the law for which the authentic interpretation is being provided.

 

Article 205

 

            Initiative for authentic interpretations of the law may be filed by citizens, companies and other legal entities.

            The motion for authentic interpretation of the law may be submitted by the authorized proponent referred to in Articles 155 and 172 hereof.

            The Motion for authentic interpretation of the law may also be tabled by: the Constitutional Court of the Federation of Bosnia and Herzegovina, Supreme Court of the Federation of Bosnia and Herzegovina, Ombudsmen, Federation Prosecutor and Federation Public Attorney's Office.

 

Article 206

 

            The proponent of authentic interpretation of a law, shall submit, along with the motion, the proposed text of general act-authentic interpretation with explanatory memorandum.

 

Article 207

 

            The motion or initiative for authentic interpretation of a law shall be tabled with the Speaker of the House of Peoples. It must include the name of the law and provision for which the interpretation is sought with the explanatory memorandum.

            The Speaker of the House of Peoples shall refer the motion for providing authentic interpretation to the Legislative Committee and the Government of the Federation if the Government is not the proponent of the motion for providing authentic interpretation of the law.

            The Speaker of the House of Peoples shall forward the Initiative for authentic interpretation of the law to the Legislative Committee, relevant committee and the Government of the Federation.

            The Speaker of the House of Peoples shall refer the Motion or Initiative referred to in paragraphs 2 and 3 hereof to the Speaker of the House of Representatives.

 

Article 208

 

            The Legislative Committee shall, after receiving opinion and necessary documents from the relevant committee and the Government of the Federation, assess whether the initiative or motion for authentic interpretation of a law is grounded.   

            If the Legislative Committee finds that the initiative is grounded, they will establish the proposed text of authentic interpretation, which will be submitted to the House of Peoples along with a report.  

 

Article 209

 

If the Legislative Committee finds that the Motion or Initiative for Authentic Interpretation is not grounded, they shall inform the House of Peoples thereof.

The House of Peoples shall make a decision on grounds of providing authentic interpretation of a law.

 

Article 210

 

Provisions of these Rules of Procedure for adoption of a law shall consistently apply to the procedure for providing authentic interpretation of a law.

            When the House of Peoples establishes the text of the authentic interpretation of a law, the Speaker of the House of Peoples shall immediately deliver the act of authentic interpretation of a law to the Speaker of the House of Representatives.

 

Article 211

 

            Authentic interpretation of a law shall be published in “Official Gazette of the Federation of Bosnia and Herzegovina”.

 

d) Consolidated text of the law and other act

 

Article 212

 

            If a law or other act prescribes that the Legislative Committee shall develop the consolidated text of the law or other act (hereinafter: consolidated text of the act), the relevant Federation Administrative Authority shall deliver the proposed consolidated text of the act for the implementation of the act to the Legislative Committee within the deadline set by the Legislative Committee.

            The proposed consolidated text of the act from the previous paragraph shall be submitted to the Legislative Committee in seven copies.

 

Article 213

 

            The consolidated text of the act includes only the integrated text of the act whose consolidated text is being determined.

            In the consolidated text of the act the Legislative Committee shall not determine new norms for the substantive contents.

 

Article 214

 

            The Secretary of the Legislative Committee shall determine if the tabled proposal of the consolidated text of the act is drafted properly in terms of legal and technical requirements.

            The Secretary of the Legislative Committee shall, upon finding that the proposed consolidated text of the act is not drafted properly in terms of its legal and technical requirements, together with a certain representative of the authority that filed the proposed consolidated text of the act, remove the observed deficiencies from the text and inform the Chair of the Legislative Committee about the established proposal of the consolidated text of the act.

            In performing tasks from this Article the Secretary of the Legislative Committee of the House of Peoples shall establish cooperation with the Secretary of the Legislative Committee of the House of Representatives.

 

Article 215

 

            The Legislative Committee of the House of Peoples shall establish the consolidated text which must be identical to the text of the act established in the Legislative Committee of the House of Representatives.

            When the Legislative Committee established the consolidated text of the act under the competencies of the House of Peoples and House of Representatives, the Secretary of the Legislative Committee shall immediately inform the Secretary of the Legislative Committee of the House of Representatives for harmonization of joint position on the consolidated text of the act.

 

Article 216

 

            The consolidated text of the act shall be applied from the day of its publication in the ”Official Gazette of the Federation of Bosnia and Herzegovina”, and the importance of its provisions has been established under the acts included in the consolidated text of the act.

            If after publishing the consolidated text of the act, an amendment to the act is tabled with the House of Peoples, this amendment shall be proposed in relation to the provisions given in the consolidated text of the act, including the reference to the number of "Official Gazette of the Federation of BiH" in which the consolidated text of the act was published.

            The same procedure is conducted when a new consolidated text of the act is established, provided that it includes indication showing it is a new consolidated text of the act.

The first new consolidated text of the act shall not include the ordinal number, but all subsequent consolidated texts of the act shall include the ordinal number of the consolidated text.

 

4. Procedure to amend the Constitution of the Federation of Bosnia and Herzegovina

 

Article 217

 

            Amendments to the Federation Constitution may be proposed by: the President of the Federation in agreement with Vice-presidents of the Federation, Government of the Federation and most Bosniak, Croat and Serb delegates in the House of Peoples, in accordance with the Federation Constitution and these Rules of the Procedure.

 

Article 218

 

            Amendment to the Federation Constitution shall be tabled in writing along with the explanatory memorandum to the Speaker and Deputy Speaker in both houses of the Parliament of the Federation.

The Speaker of the House of Peoples shall submit the amendment to the Federation Constitution to delegates in the House of Peoples, Constitutional Committee, as well as the President and Vice-presidents of the Federation and Federation Government for their opinions if they are not the proponents. 

 

Article 219

 

            Every Member in the House of Peoples shall have the right to initiate the change to the Constitution of the Federation. The initiative shall be launched in writing with explanatory memorandum to the Speaker of the House of Peoples.

 

Article 220

 

            The House of People shall decide on the initiative to change the Constitution of the Federation in the meeting by a majority vote out of the total number of Members in the House of Peoples.

 

The Constitutional Committee shall process the initiative to change the Constitution of the Federation which received the necessary majority and shall submit it to the House of Peoples.

 

The House of Peoples shall refer the Motion of the Constitutional Committee that was supported at the meeting of the House of Peoples by a majority vote of the total number of Members to public consultations in a conclusion and set the scope and deadline for duration of public consultations which may not be shorter than two weeks.

           

Article 221

 

            The proposed amendment to the Constitution of the Federation shall not be considered in the House of Peoples prior to the expiry of two-week deadline following its first tabling.

 

Article 222

 

            The proposed amendment to the Constitution of the Federation shall be adopted by simple majority, including the majority of Bosniak, majority of Serb and majority of Croat delegates.

 

            The act on proclaiming the change to the Constitution of the Federation shall be passed by the House of Peoples by a majority vote of the delegates in the House of Peoples in the same meeting in which the change to the Constitution of the Federation is adopted.

 

Article 223

 

            The amendment to the Constitution of the Federation may not waive nor diminish any human right or freedom established under Chapter II.A. 1. through 7 of the Constitution of the Federation, nor change Article VIII. 2. of the Constitution of the Federation.

 

Article 224

 

            Amendment to the Constitution of the Federation that the House of Peoples adopted following its adoption in the House of Representatives shall enter into force in the midnight of the day of its adoption by the House of Peoples.

 

Amendment to the Constitution of the Federation that the House of Peoples adopted prior to its adoption in the House of Representatives shall enter into force as established in the Decision of the House of Representatives.

 

X -  RELATIONS BETWEEN THE HOUSE OF PEOPLES AND THE PRESIDENT OF THE FEDERATION AND VICE PRESIDENTS OF THE FEDERATION

 

Article 225

 

            Relations between the House of Peoples and the President and Vice Presidents of the Federation shall be based on rights and duties established in the Constitution of the Federation and these Rules of Procedure and their mutual cooperation, sharing information and negotiations.

The Speaker of the House of People shall submit the Motion of the President and Vice Presidents of the Federation to delegates in the House of Peoples.

The Speaker of the House of Peoples shall notify the President of the Federation and Vice presidents of the Federation about the meeting in which their motion will be debated.

           

Article 226

 

            The House of Peoples shall consider the motion to pass the law, other regulations or general acts that are submitted by the President of the Federation and Vice presidents of the Federation, as well as other motions, initiatives and positions of the President and Vice-presidents of the Federation, and shall take positions thereof.

            The House of Peoples shall consider opinions and motions that the President and Vice presidents of the Federation submit in relation to draft laws and proposed laws, other regulations and general acts and other materials.

            The Speaker of the House of Peoples shall inform the President and Vice-presidents of the Federation on the positions taken.

           

Article 227

 

            At the request of the House of Peoples, the President of the Federation and Vice-presidents of the Federation shall present their views on the issues under their competence.

 

XI – RELATIONS BETWEEN THE HOUSE OF PEOPLES AND HOUSE OF REPRESENTATIVES

 

Article 228

 

            Rights and duties of the House of Peoples towards the House of Representatives shall be exercised in accordance with the provisions of these Rules of Procedure on passing the law, other regulations and general acts under the competence of the House of Peoples and House of Representatives and provisions on cooperation between the Collegium of the House of Peoples, the Speaker and Deputy Speakers of the House of Peoples and the Secretary of the House of Peoples, and the respective bodies and officials in the House of Peoples.

 

Article 229

 

            The Speaker of the House of Peoples shall organize a meeting with the Speaker of the House of Representatives in which they will establish the method, procedure and deadlines for resolution of all disputable issues or other matters under the competencies of the House of Peoples and House of Representatives, if their resolution is not provided for in the provisions of these Rules of Procedure.

            In the meeting of the House of Peoples, the Speaker of the House of Peoples shall, if necessary, inform the Members on the undertaken measures referred to in the previous paragraph.

 

XII – EXERCISING OF THE RIGHTS AND DUTIES OF THE HOUSE OF PEOPLES TOWARDS THE GOVERNMENT OF THE FEDERATION OF BOSNIA AND HERZEGOVINA AND THE FEDERATION ADMINISTRATIVE AUTHORITIES

 

1. Exercise of rights and duties of the House of Peoples towards the Government of the Federation

       

Article 230

 

            Rights and duties of the House towards the Government of the Federation shall be based and exercised in accordance with the rights and duties established in the Federation Constitution, law and these Rules of Procedure. In accordance with the foregoing the Government of the Federation shall be responsible to the House of Peoples for proposing and implementing policies and laws, other regulations and general acts whose enforcement is under the competence of authorities in the Federation, as well as for directing and harmonizing of the work of the Federation ministries and other Federation Administrative Authorities.

 

Article 231

 

            The Prime Minister shall be responsible for proposing and giving recommendations in the area of legislation and preparing the budgetary proposals for the House of Peoples.

 

Article 232

 

            When exercising their rights and duties as established in the Constitution of the Federation and law, the Federation Government:

• Shall propose the passage of the law, other regulations and general acts to the House of Peoples, give opinion on draft laws and proposed laws, other regulations and general acts that the Government did not submit and shall submit amendments to the proposed acts;
• May ask to convene a meeting of the House of Peoples for debating on a certain issue on which they want to give their position and for the House of Peoples to take position thereof;
• Shall participate in the work of the meeting of House of Peoples and may, through their representatives, express position on issues included on the agenda of the meeting;
• May propose to the House of Peoples to postpone the debate on the draft, or proposed law, other regulation or general act in order to take its position and present it in the meeting or to form a joint committee of Members in the House of Peoples and representatives of the Federation Government for debating a certain issue.

 

Article 233

           

A representative of the Federation Government shall represent the Government of the Federation in the meeting of the House of Peoples and relevant committees of the House of Peoples on the issue for which he /she received authorization from the Prime Minister, i.e. the Federation Government.

            At the meeting of the House of Peoples and its committees, at the request of the Speaker or Member of the House, a commissioner of the Federation Government shall give an expert opinion on the issue for which he/she received the authorization from the Federation Government.

 

Article 234

 

The House of Peoples may, within their purview, ask the Federation Government:

• To prepare a draft law, that is proposed law, other regulations or general acts;
• To present its position on individual matters that are included in the agenda of the meeting of the House of Peoples;
• To provide an opinion on a draft law or proposed law, other regulations and general acts that the Federation Government did not propose, as well as other proposals or materials that are debated in the House of Peoples;
• To submit report on a specific issue.

 

Article 235

 

            The House of Peoples and its committees shall notify the Federation Government about its meetings in order for a representative and commissioner of the Federation Government to attend those meetings.

            A representative of the Federation Government shall have the right and duty to attend the meeting of the House of Peoples and it committees.

 

Article 236

 

            Along with the draft law or proposed law, other regulations or general acts that are submitted to the House of Peoples, the Federation Government shall inform the House of Peoples about its representatives and commissioners.

 

Article 237

 

            The Federation Government shall at least once a year inform the House of Peoples on its work, as well as the work of the Federation Administrative Authorities.

 

Article 238

 

            Report on operations of the Federation Government in accordance with these Rules of Procedure shall be debated by the House of Peoples. Upon the completion of the debate a conclusion shall be made related to the operations of the Federation Government.

 

Article 239

 

            The Federation Government shall pass a decree with force of law in case of a threat to the country in accordance with Article IV.B.3. 9. of the Federation Constitution.

 

2. Relations of the House of Peoples towards the Federation Administrative Authorities

 

Article 240

 

            Federation administrative authorities shall give information to the House of Peoples, notifications and responses to the questions of delegates which fall under their competence, including the information and other documentation that the House of Peoples requires for its work.

 

Article 241

 

            Officials managing the Federation administration authorities shall be responsible to the House of Peoples for lawful, complete and timely execution of activities and tasks under their competence.

 

XIII – RELATIONS OF THE HOUSE OF PEOPLES TOWARDS THE DELEGATES OF THE HOUSE OF PEOPLES OF THE PARLIAMENTARY ASSEMBLY OF BOSNIA AND HERZEGOVINA

 

Article 242

 

            The House of Peoples shall establish cooperation with the Members in the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina in accordance with the Constitution of Bosnia and Herzegovina.

 

Article 243

 

When preparing members from Article 242 of these Rules of Procedure for the meeting of the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina, when members request so, the Caucus of Bosniak delegates, Caucus of Croat delegates and Caucus of Serb delegates in the House of Peoples shall hold joint meetings with the delegates in the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina in order to take appropriate joint positions.

 

XIV- EXERCISING OF THE RIGHTS AND DUTIES OF THE HOUSE OF PEOPLES TOWARDS OMBUDSMEN AND COURTS OF THE FEDERATION

 

1. Rights and duties towards Ombudsmen

 

Article 244

 

            Rights and duties, as well as cooperation of the House of Peoples and Ombudsmen shall be exercised in accordance with the Constitution of the Federation and law.

 

2. Rights and duties towards courts of the Federation

 

Article 245

 

Rights and duties, as well as cooperation of the House of Peoples and courts of the Federation shall be exercised in accordance with the Constitution of the Federation and law.

 

XV- EXERCISING RIGHTS AND DUTIES OF THE HOUSE OF PEOPLES TOWARDS THE CONSTITUTIONAL COURT OF THE FEDERATION OF BOSNIA AND HERZEGOVINA

 

Article 246

 

             Notification that the Federation Constitutional Court submits to the House of Peoples pursuant to the provisions of the Constitution of the Federation and law shall be considered by the relevant committees of the House of Peoples.

            If a committee of the House of Peoples when considering notifications of the Federation Constitutional Court finds that there is a need to proceed with the amendments to the law, other regulations or general acts of the House of Peoples or that the House of Peoples should undertake other measures to ensure constitutionality and lawfulness, it will move the House of Peoples to consider the notification of the Federation Constitutional Court.

If the House of Peoples when considering the notification of the Constitutional Court of the Federation finds that there is a need to proceed with amendments to the law, other regulations and general acts, they shall issue a conclusion designating drafters, method and deadlines for the preparation and amendments to the law, other regulations and general acts.

 

Article 247

 

            The Speaker of the House of Representatives shall refer a Decision of the Constitutional Court of the Federation to initiate procedure, i.e. motion by the authorized proponent referred to in Article IV.C.3.10 of the Constitution (hereinafter: Decision, i.e. motion) for the assessment of the constitutionality  and legality of the law and constitutionality and legality of other regulations or general acts that the Federation Constitutional Court referred to the House of Peoples, to the relevant committee of the House of Peoples and Legislative Committee for consideration.

            The Speaker of the House of Peoples shall also deliver the Decision, that is, motion referred to in the previous paragraph, to the Speaker of the House of Representatives and the Prime Minister.

            The Legislative Committee shall, prior to considering the decision, i.e. motion referred to in paragraph 1 hereof obtain the opinion from the Federation Government and relevant committee of the House of Peoples.

            The Federation Constitutional Court shall be informed of the meeting of the Legislative Committee where the Decision, i.e. motion would be considered, and where representatives of authorities and bodies referred to in the previous paragraph shall be invited.

 

Article 248

 

            The relevant committee and Legislative Committee shall establish necessary cooperation in the procedure for deliberating Decision i.e. Motion.

            If the Legislative Committee, in considering the Decision i.e. Motion, finds that the law, other regulations or general acts to which the Decision i.e. motion of the authorized proponent refers, does not require changes, they shall notify thereof the Speaker of the House of Peoples and authorities and bodies referred to in Article 247 paragraphs 1 and 2 of these Rules of Procedure.            The Speaker of the House of Peoples shall inform the Federation Constitutional Court about the position of the Legislative Committee referred to in the previous paragraph hereof and shall assign a representative of the House of Peoples in the procedure before the Constitutional Court of the Federation.

 

Article 249

 

            If the Legislative Committee, in considering the Decision, i.e. motion, finds that there are grounds for amendments to the law, other regulations and general acts to which the Decision, i.e. motion refers, or that the need for the application of that law, other regulation and general act ceased or that the need to pass the law on cessation of the law or cessation of other regulations or general acts, it shall move the House of Representatives to pass an adequate act.

            If the House of Peoples, when considering decisions or motions, as well as motion of the Legislative Committee finds that there is a need to proceed with amendments to the law, other regulations or general acts, or enactment of the law on cessation of the law, other regulations or general acts it shall proceed in accordance with the provision of Article 248 paragraph 3 of these Rules of Procedure.

            If the House of Peoples, when considering the act referred to in paragraph 2 hereof, finds that there is no need to proceed with the amendments to the law, other regulations or a general acts or enactment of the law on cessation of the law, other regulations or general acts, they will make a conclusion thereof.

 

Article 250

 

            The Speaker of the House of Peoples shall refer to the relevant committees and Members a Decision on the Federation Constitutional Court finding that the law is not in line with the Federation Constitution which the Federation Constitutional Court submitted to the House of Peoples.

            The Speaker of the House of Peoples shall include in the agenda of the very next meeting consideration of the proposed conclusion stemming from the Decision of the Federation Constitutional Court.

            The House of Peoples shall decide on undertaking necessary measures related to the Decision of the Federation Constitutional Court.  

 

Article 251

 

            The Speaker of the House of Peoples shall notify the Constitutional Court of the Federation and the Speaker of the House of Representatives on the Conclusion of the House of Peoples about deliberation of notification of the Federation Constitutional Court, Decision i.e. Motion or Decision of the Federation Constitutional Court finding that the law, other regulations or general acts are not in compliance with the Federation Constitution.

 

Article 252

 

            At the request of one third of the total number of Members the House of Peoples may decide to initiate proceedings with the Federation Constitutional Court for assessment of constitutionality of the proposed law adopted by either of the houses or a law adopted by both houses of the Federation Parliament in accordance with the Federation Constitution.

            Prior to deciding to initiate procedure the House of Peoples shall request opinion from the Legislative Committee.

            Based on the decision of the House of Peoples, the Speaker of the House of Peoples shall submit request to initiate procedure with the Federation Constitutional Court.

 

Article 253

 

            When the Constitutional Court of the Federation requests from the House of Peoples information and notifications required for the work of the Constitutional Court of the Federation that are relevant for the conduct of proceedings before the Federation Constitutional Court, the Secretary of the House of Peoples shall collect information and notifications and forward them to the Legislative Committee.

            Based on the information and notifications, the Legislative Committee shall formulate response to the Federation Constitutional Court which will also include information and notifications referred to in the previous paragraph hereof.

 

XVI – EXERCISING OF THE RIGHTS AND DUTIES OF THE HOUSE OF PEOPLES TOWARDS THE CONSTITUTIONAL COURT OF BOSNIA AND HERZEGOVINA

 

Article 254

 

            Provisions in Articles 247 through 253 of these Rules of Procedure shall consistently apply to the relations between the House of Peoples and Constitutional Court of Bosnia and Herzegovina.

 

XVII – RELATIONS OF THE HOUSE OF PEOPLES WITH THE LEGISLATIVE BODIES IN CANTONS, CITIES AND MUNICIPALITIES

 

Article 255

 

            Relations between the House of Peoples and Legislative bodies in cantons, cities and municipalities shall be based on the rights established in the Federation Constitution, law and these Rules of Procedure.

 

 

XVIII – INTERNATIONAL RELATIONS

 

Article 256

 

            International relations of the Federation shall be established in accordance with the Constitution of Bosnia and Herzegovina.

 

XIX – USE OF LANGUAGE AND ALPHABET

 

Article 257

 

            Acts passed by the House of Peoples, materials, information and documentation, conclusions, minutes and reports of the committees shall be written and delivered to delegates in official languages of the Federation – Bosnian, Croatian and Serbian languages.

 

The materials from the previous paragraph shall be written in official alphabets-Latin alphabet and Cyrillic.

 

Members shall state in writing to the Administrative service of the House in which language and alphabet they want to be served materials in line with paragraphs 1 and 2 hereof.

 

Article 258

 

            Acts adopted by the House of Peoples shall be published in official languages of the Federation – Bosnian, Croatian and Serbian languages.

 

Article 259

 

            Documents that the House of Peoples delivers to the members shall be written in one of official languages of the Federation of their own choice.

 

XX – TAKING THE OATH

 

Article 260

 

            Following the verification of their mandates, the delegates shall take the following solemn declaration: "I hereby solemnly declare that I shall conscientiously exercise the duties entrusted to me, respect the Constitution of Bosnia and Herzegovina, Constitution of the Federation and law, promote human rights and freedoms and at all times protect the interest of Bosnia and Herzegovina, Federation of Bosnia and Herzegovina and equality of all peoples and citizens living in its territory”.

            Solemn declaration text shall be signed.

            Following the verification of their mandates and taking the oath the member shall acquire rights and duties of the members in the House of Peoples.

 

XXI - POSTING THE COAT OF ARMS AND FLAG OF THE FEDERATION ON THE OFFICIAL PREMISES OF THE HOUSE OF PEOPLES

 

Article 261

 

            Posting the coat of arms and flag of the Federation in the meeting rooms of the House of Peoples and on the premises of caucuses of peoples shall take place in accordance with the law.

 

XXII – OPERATIONS OF THE HOUSE OF PEOPLES IN TIME OF WAR OR IN CASE OF IMMINENT THREAT OF WAR

 

Article 262

 

            In time of war or in case of imminent threat of war these Rules of Procedure shall apply.

 

Article 263

 

            In time of war or in case of imminent threat of war the delegates in the House of Peoples who are conscripted or who changed their place of residence or address for other reasons shall, in shortest and fastest way inform the House of Peoples on any change thereof.

 

Article 264

 

            Collegium of the House of Peoples in time of war or in case of imminent threat of war, apart from activities and tasks referred to in Article 76 of these Rules of Procedure shall:

• consider immediate tasks that should be undertaken in relation to the work of the House of Peoples;
• propose measures and establish tasks to be carried out and shall set the time and venue of meetings of the House of Peoples;
• consider and take positions on the manner of inviting Members to the meeting of the House of Peoples and the manner for delivering materials to Members and may, if special conditions of war or imminent threat of war require so, decide to invite Members to meetings by a public call (by radio, television and press) or in some other ways.

 

Article 265

 

            In time of war and in the case of imminent threat of war the Collegium may, in accordance with the assessment of political and security situation, move the House of Peoples to adopt laws, other regulations and general acts by a majority vote of present members; that the foregoing are passed without consideration of a draft; that the meetings of the House of Peoples and committees are convened within shorter deadlines than the deadlines set in these Rules of Procedure, except for national vital interest related issues, as well as other departures from the provisions of these Rules of Procedure.

            Materials for the meeting may be delivered to Members right before the meeting or in the meeting, if there was no possibility to submit them earlier or for other legitimate reasons.

 

Article 266

 

            The House of Peoples shall work in a meeting which, as a rule, shall take place in Sarajevo.

Exceptionally, when the circumstances of war prevent it and due to lack of possibility for the Speaker to convene a meeting of the House of Peoples in Sarajevo, the Collegium may decide to hold a meeting of the House of Peoples in another location in the Federation.

 

Article 267

 

            When implementing activities and tasks referred to in Articles 264 and 265 of these Rules of Procedure, the Collegium of House of Peoples shall have a direct cooperation with the Collegium of the House of Representatives.

 

XXIII – THE ADMINISTRATIVE SERVICE OF THE HOUSE OF PEOPLES

 

Article 268

 

            The House of Peoples shall have the Administrative Service.

The House of Peoples, together with the House of Representatives, shall form a Joint Service of the Parliament of the Federation.

Organization and operations of the Administrative Service of House of Peoples and Joint Service of the Parliament of the Federation shall be established in a separate regulation.

 

XXIV  -  TRANSITIONAL AND FINAL PROVISIONS

 

Article 269

 

            By entering into force of these Rules of Procedure the application of the regulations that had been applied to operations of the House of Peoples shall cease.

 

Article 270

 

            These Rules of Procedure shall enter into force on the day following the date of its publication in the „Official Gazette of the Federation of Bosnia and Herzegovina”.

 

 

 

 

Number: 02-02-526/03                                                                SPEAKER

Sarajevo, 28 May 2003                                             OF THE HOUSE OF PEOPLES

                                                                                             OF THE PARLIAMENT

                                                                                      OF THE FEDERATION OF BiH

                                                                                Slavko Matić