Preamble
The Palestinian people in Palestine have expressed, through general,
free and direct elections, their determination to follow the democratic
rules in building their institutions and in exercising their national sovereignty.
Those elections have led to the birth of the first Palestinian Legislative
Council of the Palestinian National Authority.
On that basis, it is necessary to establish the principles for the elected
Legislative Council to develop its work, based on the principle of separation
of powers, which confirms the independence of the legislative authority
and its right to legislate and to legislate and to control and inspect
the works of the Palestinian Authority.
These Standing Orders have been established in order to organize the
functioning of the Council, and regulate its acts, including the election
of its organs, its decision making process, and its legislative procedures,
as a first step necessary to reach national independence, the construction
of an advanced democratic society, and the exercise of the sovereignty
on the home land.
The provisions of these Standing Orders guarantee the freedom of opinion
and expression, the freedom of opposition and criticism, and the achievement
of comprehensive co-operation between the Council and other constitutional
institutions.
Article 1
Definitions
In these Standing Orders, the following expressions shall have the meanings
stated:
1. The Council: the Palestinian Legislative Council.
2. The President of the Authority: the President of PNA.
3. The Speaker: the Speaker (Raees) for the Council.
4. The Council of Ministers: the Council of Ministers of the PNA.
5. The Office of the Council: the Office of Presidency for the Palestinian
Legislative Council.
6. The Member: the elected Member of the Palestinian Legislative Council.
7. The Constitution: the Basic Law of the Authority for the interim
period.
8. The Secretariat: the Secretary General and his or her staff in the
secretariat.
Title I
Chapter One
The Initial Meeting
Article 2
a. The President of the PNA shall call the first meeting of the Council
to take place at the beginning of the second week following the publication
of the official results of the elections. He shall open the meeting and
address a general speech to the Council.
a. At its first meeting the Council shall elect the Office of the Council.
The oldest member of the Council shall preside over the meeting, and the
youngest member shall act as secretary -general. If either fails to carry
out his duties for any reason, he shall, according to the situation,
be succeeded by whomever follows him in age. His duties shall be terminated
by the election of the office board.
b. No discussions shall be conducted in the Council prior to the election
of the office of the council.
Article 3
Each member individually shall swear the oath of office before the
Council at the first meeting, as follows:
"I swear before Almighty Allah to be faithful to the nation of Palestine,
to keep the rights and interests of the people and the nation, to respect
the Constitution and to fulfill my duties to the best of my ability, as
Allah is my witness."
Chapter Two
The Office of the Council
Article 4
The Office of the Council shall be formed by the Speaker, two Deputy
Speakers, and the Secretary General, who shall be elected by the Council
by secret ballot.
The Office shall serve until the beginning of the next period of sessions
of the Council. Vacancies shall be filled by election, to be held according
to articles (5, 6, 7) of these Standing Orders.
Chapter 3
Election of the Office Council
Article 5
Three elected members of the Council shall be responsible for the conduct
of the election of the Speaker. Each member of the Council shall be given
a paper on which to write the name of the candidate of his or her choice.
Any candidate who receives the votes of half of the members present plus
one shall be declared elected. Otherwise, the Council shall proceed to
a second round of voting, between the two candidates who received the most
votes in the first round. The candidate who receives more votes shall be
declared elected. A tie shall be resolved by lot.
Article 6
The two Deputy Speakers and the Secretary General of the Council shall
then be elected, following the same procedure as for the election of the
Speaker. The member acting as Speaker shall then invite the elected Office
to assume its responsibilities.
Article 7
Resignation of the Office of the Council
1. It is permitted for the Speaker or any of his Deputies or the Secretary
to submit their resignation from membership of the Office of the Council.
2. The resignation shall be submitted written to the Office of the Council.
3. The Office of the Council shall present the resignation to the Council
within two weeks of its receipt during the first meeting following its
submission.
4. The resignation may be withdrawn before submitting it to the Council.
5. If for any case there are vacancies in the Office of the Council,
the alternatives shall be elected in accordance to these Standing Orders.
Article 8
The Office of the Council shall appoint a secretariat, which shall
be responsible for all administrative, financial, legal and media questions,
for public relations, protocol, execution and publication of the decisions
of the Council, and for the filing of documentation. The secretariat shall
be responsible to the Secretary General of the Council.
Article 9
The Speaker shall represent the Council and speak on its behalf and
to sponsor implementation of the Constitution and the Standing Orders and
to preserve the Council's security and order. The speaker shall open, preside
over, direct, control and announce the close of its meetings. He shall
give the right to speak, shall decide the agenda of the Council, and shall
authorize the Secretariat to publish the decisions of the Council.
The Speaker may participate in the discussions. He shall vacate the
chair while so doing.
Article 10
If the Speaker is absent, or is participating in the discussion, the
chair shall be taken by the first Deputy Speaker. If the first Deputy Speaker
is also absent, the chair shall be taken by the second Deputy speaker,
or in his absence by the oldest member of the Council.
Article 11
No member of the Office of the Council shall be eligible to be a Minister
or occupying any other governmental post.
Article 12
a. The names of the members of the Council of Ministers shall be selected
by the President of the PNA. Such names shall be submitted to the Council
for approval after it has heard the report of the Council of Ministers
on its policy and program.
b. If a majority of the members of the Council withdraws its confidence
in one or more such persons nominated, the President of the PNA shall submit
a replacement nomination at the following meeting not more than two weeks
later.
c. In the event of any modification to the membership of the Council
of Ministers for any reason, the name of any new Minister shall be submitted
to the Council for approval at the first meeting following that event.
d. None of the ministers shall assume position before gaining the Council
confidence.
Title II
Chapter One
Article 13
The President of the PNA shall call a period of sessions of the Council
twice yearly. Each such period of sessions shall last for four months.
The first period shall start in the first week of February, and the second
period shall start in the first week of September. The Speaker may call
the Council to convene in extraordinary session plan the request of the
Council of Ministers, or of a quarter of its members. If the Speaker fails
to call a duly requisitioned extraordinary session, the Council shall be
considered as convened in the time and place made in the requisition of
the members or the Council of Ministers.
Article 14
The Council shall meet in public, and shall meet on Wednesday and Thursday
of each week unless it decides otherwise.
Article 15
The quorum required to open a meeting of the Council shall be a majority
of its members. Decisions shall be made by the majority of votes of the
members present, except as provided otherwise in these Standing Orders.
If a meeting is not quorate at the time specified for its start, the Speaker
shall delay the start for 30 minutes. If the meeting remains not quorate,
the Speaker shall adjourn it and shall announce the date and time for the
next meeting, which shall be not more than one week later.
Article 16
The Secretary General shall distribute the decisions and minutes of
the Council to the members 24 hours prior to the following meeting. Decisions
and minutes shall be considered as approved unless a member raises an objection
to them.
Article 17
a. Upon opening each meeting of the Council, the Speaker shall announce
its agenda. The agenda shall be communicated to the members of the Council
at least two days before the meeting.
b. The Council shall not discuss any subject not on the agenda of the
meeting, except upon the request of the President of the PNA or the Speaker,
or the written request of a minimum of 10 minutes. Except as provided otherwise
in these Standing Orders, the Council shall decide to include any new subject
so requested onto the agenda by a simple majority after having heard one
speech in favor of such inclusion and one speech against, such speeches
not to exceed five minutes in length.
Article 18
The Speaker, following the approval of the Council, shall announce
the interruption or adjournment of the meeting, and the date and time of
the next meeting. The Speaker may however call the Council to meet before
the agreed date and time in the case of urgency or following a request
by the Council of Ministers.
Article 19
The Council shall meet in an urgent session following a request by
the President of PNA or a written request of a quarter of its members.
If the Speaker fails to call for such meeting, the meeting shall be considered
as convened in the time and place made in the requisition.
Chapter 2
Minutes of the Meetings
Article 20
Minutes shall be recorded for each meeting of the Council, including
all discussions held, issues debated, and decisions made by the Council.
Article 21
Following approval of the minutes of a meeting, the Speaker and the
Secretary General shall sign them. The minutes shall be kept in the files
of the Council and published in a special publication of the Council.
Chapter Three
Secret Meetings
Article (22)
The Council may in exceptional cases be called to meet in secret, following
a request from the President of the PNA, the Speaker, or one fourth of
the members. The Council shall decide whether or not to meet in secret
following a debate in which only 2 speakers in favor and 2 speakers against
shall be heard.
Article (23)
a. No person except the members of the Council shall be present when
the Council meets in secret, except with the permission of the Council.
b. No civil servant of the Council shall attend the Council when it
meets in secret, except by permission of the Speaker.
c. When the justification for the Council to meet in secret ends, the
Speaker shall propose to the Council that the secret session of the meeting
shall end; upon agreement of the Council, the Speaker shall reopen the
meeting to the public.
Article (24)
The Secretary General shall take the minutes when the Council is meeting
in secret. Such minutes shall be kept by the secretariat of the Council.
Access to such minutes shall be restricted to the members of the Council,
unless the Council upon a majority vote decides to publish such minutes
or any part thereof.
Article (25)
The Council may call a special meeting for the purpose of inviting
any personality or guest to address the Council. There shall be no other
item on the agenda of any such meeting.
Chapter Four
Speaking Order in Meetings
Article (26)
No member shall speak until called to do so by the Speaker. The Speaker
may deny a request to speak only in accordance with these Standing Orders.
In case of conflict, the Speaker shall put the question to the Council,
which shall take a vote without discussion.
Article (27)
The Secretary General shall record the names of members in the order
of their request to speak. A request to speak upon a subject delegated
for consideration by a commission shall not be accepted until the report
of the commission is submitted.
Article (28)
No member may speak on any issue more than once during the general
discussion, and once during the debate on proposals and draft decisions.
Article (29)
The right to speak shall be given by the Speaker, in the order in which
members request it. In the event of disagreement, the right to speak shall
be given in turn first to a member seeking an amendment to the proposal,
to an opponent of the proposal, and then to a supporter of the amendment.
Any member who has been called to speak may waive his right in favor of
another member.
Article (30)
The Speaker may give any Minister the right to speak upon a request
upon a subject within the competence of his or her ministry.
Article (31)
The right to speak shall always be given in the following cases :
a. To request that the provisions of the Constitution or these Standing
Orders be respected;
b. To propose that discussion on the subject under debate shall be postponed;
c. To correct any facts;
d. To make a point of personal explanation;
e. To propose that the Council end discussion on the subject under debate
and move to next business; and
f) To propose that discussion on the subject under debate be postponed
until the Council has dealt with another related item of business; any
such request shall take priority over the main subject under discussion;
discussion on the main subject shall cease until such question is resolved.
The right to speak shall not be given until the member speaking has finished
his intervention, except in cases (a) and (c) above.
Article (32)
No member may use impolite language or incite against public order.
Article (33)
If a member does not comply with the provisions of Article (32) above,
the speaker may call him by his name and request him so to comply, or may
rule that he may no longer speak. If the member challenges any such request
or ruling, the Speaker shall refer the matter to the Council which shall
decide without discussion.
Article (34)
No member may interrupt the speech of another or make any comments,
save that, notwithstanding the provisions of Article (31); the Speaker
only may request a member speaking to comply with these Standing Orders
at any time during his or her speech.
Article (35)
No speaker may repeat any point that he or she has made, or that has
already been made by another member, or to digress from the main subject.
Only the Speaker may call the member speaking to order under this provision,
and inform the member that his or her point is sufficiently clear and requires
no further explanation.
Article (36)
The Council may discipline a member who fails to comply with these
Standing Orders, or who does not comply with a decision of the Council
forbidding him or her to speak, by imposing one of the following penalties
:
a. To prevent the member from speaking for the remainder of the meeting;
b. To instruct the member to withdraw from the remainder of the meeting;
or
c. To exclude the member from participating in meetings of the Council
for a period not exceeding two weeks; the council shall make any such decision
in the course of the meeting only after hearing the member concerned or
any other member on his behalf.
Article (37)
If any member refuses to comply with a decision of the Council under
the article (36) above, the Speaker may adopt all measures necessary, including
the adjournment or postponement of the meeting, to enforce the decision.
In such case, any penalty imposed on the member shall be doubled.
Article (38)
The Speaker may announce his intention to interrupt the meeting, and
may so interrupt it for up to 30 minutes in case of disorder. If order
is not restored when the meeting is reconvened, the Speaker may adjourn
the meeting and announce the date and time for the next meeting.
Chapter Five
Removal of Membership
Article (39)
A member of the Council may be deprived of membership in the following
cases :
a. Decease; and
b. Firm civil sentence of a competent Palestinian court for a common
law crime.
Article (40)
Any proposal under Article (39) item (b) above to deprive a person
of membership shall be signed by 10 members of the Council and submitted
to the Speaker, who shall notify the member concerned and shall bring the
question before the Council at its first subsequent meeting.
Article (41)
The Council shall refer any proposal under Article (40) above to the
Legal Affairs Committee, which shall discuss it at its next following meeting.
The Council shall, unless it decides otherwise, take its decision on the
proposal at the meeting at which the Committee submits its report.
The member concerned shall have the right to defend himself or herself
before the Committee and before the Council.
Article (42)
If the report of the Committee recommends deprivation of membership,
the Council shall upon the request of the member concerned or upon a vote
of the council postpone the decision to a further meeting.
Article (43)
The member subject to a proposal for the deprivation of membership
may attend the meeting and participate in the debate on such proposal,
but shall leave the meeting while the Council makes its decision.
Article (44)
The Council shall decide a proposal for the deprivation of membership
by a majority of two thirds of the members. The vote on any such proposal
shall be secret.
Title III
Chapter One
Committees of the Council
Article (45)
The Council shall establish the following permanent Committees, which
shall discuss and report on any proposals referred by the Council or by
the Speaker :
1. Al-Quds Committee;
2. Lands and Settlements Committee;
3. Committee for Refugee and Palestinians Abroad (including exiles and
overseas residents);
4. Political Committee (negotiations, Arabic and international relations);
5. Legal Committee (including constitutional, judicial and Standing
Orders questions);
6. Budget and Financial Affairs Committee;
7. Economic Committee (including industry, commerce, investment, housing,
supplies, tourism and planning);
8. Interior Committee (including security and local government);
9. Education and Social Affairs Committee (including education, culture,
media, religious affairs, historic sites, social affairs, health, employment,
prisoners, martyrs, war veterans, childhood, youth and women);
10. Natural Resources and Energy Committee (including water, agriculture,
regions, environment, energy, animal resources and fishing); and
11. Human Rights, Public Freedoms and General Purposes. The number of
members of any permanent committee shall be decided upon by the Council
at the opening of each period. The Council may form any other ad hoc committees
for a specified period.
12. Council Affairs Committee.
Article (46)
1. Committees shall be appointed during the first period of sessions
of the Council. Each member may submit to the office of the Council a request
to be appointed to any Committee or Committees. The Office of the Council
shall coordinate and consult with all members, following which the Speaker
shall submit the recommended list of appointments to Committees to the
Council for approval.
2. On the proposal of the office Council, the Council may change the
composition of any Committee at the beginning of the period of sessions
of each year.
Article (47)
No member of the Council may sit on more than two Committees.
Article (48)
No minister may sit on any Committee or be a member of the Office of
the Council.
Article (49)
Each Committee shall elect a Chairman and a Secretary from among its
members. In the absence of either, the Committee shall elect a temporary
substitute.
Chapter 2
Procedures of Committees
Article 50
A meeting of a Committee shall be called by its Chairman, or upon the
request of the Speaker in consultation with its Chairman, or on the request
of a majority of the members of the Committee. The meeting shall be called
on at least 24 hours’ notice. The calling notice shall be accompanied by
the agenda of the meeting.
Article 51
a. Committees shall meet in secret. The quorum for a Committee shall
be the majority of members. Decisions of Committees shall be made by simple
majority. In the case of a tie, the Chairman shall have a casting vote.
b. Committees may decide to hold public meetings.
Article 52
Minutes shall be taken of each meeting of each Committee, which shall
include the names of those members present and those members absent and
a summary of discussions held and the contents of decisions or recommendations.
The Chairman and the Secretary of the Committee shall sign such minutes.
Article 53
The Speaker shall refer to the relevant Committee all documents relating
to any matter within its remit.
Article 54
Any Committee may request, through the Speaker, any relevant minister
or responsible person within the PNA to give information on or clarity
about any point under discussion within the remit of the Committee.
Article 55
Ministers may attend meetings of any Committee. And any Committee,
through its Speaker, may request of the minister or the concerned responsible
party to attend any of its meetings.
Article 56
a. Members of the Office of the Council may attend any meeting of any
Committee and participate in its debate.
b. Any member of the Council may attend any meeting of any Committee
which he is not a member of and may participate in its debates but may
not have the right to vote.
Article 57
Each Committee shall submit any report within the time determined by
the Council. If it fails to do so, the Speaker may ask the Chairman of
the Committee to explain the reasons for the delay, may request the Chairman
of the Committee to determine the time that the Committee deems necessary
to complete its report, and may bring the question before the Council for
decision. The Council may decide to deal with the question directly. The
Council shall include this issue in its agenda.
Article 58
Any report of a Committee shall be submitted to the Speaker for inclusion
in the agenda of the Council. The report shall be printed and distributed
to the members of the Council at least 24 hours before the meeting.
Article 59
Any report of a Committee shall include the opinion of the Committee
with reasons and minority opinions. The report shall be accompanied by
the recommendations of the Committee and draft decisions, with full explanation.
Article 60
The report of any Committee shall be presented to the Council by its
Chairman. In his or her absence, the Speaker shall ask the Secretary of
the Committee to present the report, or shall ask the members of the Committee
to elect one from their number to do so.
Article 61
Any Committee may, through its Secretary, request of the Chairman to
refer back to its report for further review, even if the Council has started
to discuss it. Any such request shall be subject to the agreement of the
Council.
Title IV
Chapter 1
Draft Laws and Proposals
Article 62
a. The Council of Ministers shall submit the text of any draft law
to the Speaker accompanied by a preamble which shall explain its purpose.
The Speaker shall refer any such law to the relevant Committee for its
opinion. The Committee shall present its report no later than two weeks.
b. A copy of the draft law or suggestion shall be sent to each member
at least three days prior to the session of its presentation before the
Council.
c. After listening to the Committee’s report, the Council shall start
a general discussion of the draft law to discuss the broad principles prior
to the voting on the draft law for its acceptance in order to complete
the relevant measures. The Council may decide when to start the general
discussion without waiting for the concerned Committee’s report.
d. The draft law shall be presented to the Council after the general
discussion so as to vote for its acceptance. If the Council rejects it,
the draft law is considered rejected. If it consents to its acceptance,
it is sent to the concerned Committee for the appropriate amendments in
light of the general discussion.
e. The Speaker should be referred to the draft law (after amendments
have been made by the concerned party, if present) to the Legal Affairs
Committee in order to give the necessary legal points.
Article 63
The Council of Ministers may request the reference back of any draft
law submitted to the Council, provided that the Council has not voted on
the law, in order to complete the relevant measures.
Article 64
Any member of members of the Council may submit a proposal for a new
law or to amend or repeal an existing law. Any such proposal shall be referred
to the relevant Committee, accompanied by a description of the general
principles and by a preamble. The Council shall hear the report of the
Committee. If the Council accepts the proposal, it shall be referred to
the Legal Affairs Committee which shall put it into the form of a draft
law and resubmit it to the Council during the same or the following period
of sessions.
Article 65
Mechanism for ratifying draft resolutions
1- Each draft law submitted to the Council shall be discussed in two
separate meetings as follows:
a. In the first reading each article in turn shall be discussed and
the suggestions put forth concerning the draft after reading through it.
Each article shall be voted on. Afterwards, the entire draft law shall
be voted on.
b. The second reading shall take place no later than one month from
the date of its ratification in its first reading. The second reading shall
take place for the sole purpose of discussing proposed amendments. Voting
on it shall take place. Afterwards final voting on the amended articles
shall take place.
1. The third reading (limited to the discussion of the proposed amendments)
shall take place at the written request of the Council of Ministers or
from a fourth of the number of Council members on the condition that the
request is presented before the draft law is referred to the president
of the PNA for publication.
Article 66
Draft laws shall be approved by the absolute majority of Council members
(unless otherwise mentioned).
Article 67
Immediately following the approval of the draft law in its third reading
or lapsing of two weeks from the date of its approval in its second reading
the Speaker shall forward the draft law to the president of the PNA for
issuance. It shall immediately be published after its issuance in an official
newspaper.
Article 68
a. The president of the PNA shall issue the laws after their
approval by the Council within a period of 30 days from the date of which
it was forwarded to him. He must return it to the Council during that time
accompanied with his notes or reasons for his rejection. If he fails to
do so, the draft law will be considered issued and will immediately be
published in the official newspaper.
b. If the president of the PNA does return the draft law to the Council
according to the provisions of the previous article, it shall be debated
again in the Council. If it approved by a majority of two-thirds of its
members it is considered effective and shall be immediately published in
the official newspaper.
Article 69
At the beginning of each legislative session the Speaker shall notify
the Council of Ministers of the proposed draft laws and which have not
been accepted by the Council according to article 62 of these outstanding
orders. If the Council of Ministers does not ask to review it, it is then
considered non-existent. If, however, the Council of Ministers does ask
to review it, the laws of article 62 of these outstanding orders shall
be applied to it.
Article 70
a. Any proposal to amend the Basic Law shall be submitted in articles
in a written form, accompanied by a preamble and shall be signed by at
least one-third of the members of the Council.
b. Upon receipt of any such proposal, the Speaker shall inform the
Council and refer it to the Legal Affairs Committee.
c. When the Committee submits its report on the proposal, the Council
shall decide by a simple majority to discuss it or reject it. If the Council
rejects it, it is considered rejected. If it accepts it, the laws of article
65 of these orders shall be applied.
d. Any amendment or correction to the Basic Law shall require the approval
of two-thirds of the members of the Council.
Article 71
a. The Council of Ministers shall submit the draft annual budget to
the Council at least four months before the beginning of the fiscal year.
b. The Council shall refer this draft budget to the Budget and Finance
Committee which shall submit its detailed report within one month.
c. The Council shall hold a special meeting to discuss the draft budget.
The Council may approve the budget or may refer it back to the Council
of Ministers within two months of its submission to the Council, accompanied
by the comments of the Council. The Council of Ministers shall introduce
the required amendments and submit the budget again to the Council for
approval.
Chapter 2
Questions and Interpolations
Article 72
a. Any member of the Council shall have the right to address a question
to the Ministers, to ask about a fact or to clarify measures that have
been taken or could be taken to deal with any subject.
b. Any such question shall be clear and concise, shall specify the subject
about which it is asking and shall not include any extraneous comments.
Article 73
Each question shall be submitted to the Speaker in written form. The
Speaker shall submit it to the relevant Minister and shall include it in
the agenda of a meeting of the Council at least one week after such submission.
The Council shall reserve 30 minutes at the beginning of each meeting for
questions unless it decides otherwise.
Article 74
Each Minister shall answer the questions addressed to him or her and
include them in the agenda. The Minister may ask to postpone the answer
to be given at a later meeting to be determined by the Council. In case
of urgency, the Minister may ask to answer the question at the firs meeting
following its receipt, even if the question is not on the agenda, and shall
inform the Speaker of his intention to do so. It shall also be indicated
in the minutes of the meeting.
Article 75
The member who has asked a question shall have the right to ask the
Minister for clarification and to comment on the answer given once only.
Article 76
The provisions relating to questions do not apply to questions made
orally by members to Ministers in the course of debate by the Council.
Article 77
a. Any interpolation shall be submitted to the Speaker in writing;
the Speaker shall set the date for it to be presented. After hearing the
answer of the Minister, the Speaker shall ensure that the interpolation
is discussed within ten days.
b. Interpolations shall have priority over all other items on the agenda
except for questions.
c. A member may, through the Speaker and in writing, request the relevant
Minister to inform him of any documents relating to his or her interpolation.
Four. The member submitting the interpolation shall explain it
to the Council. After the Minister has replied, other members may participate
in discussion. If the member submitting the interpolation is not
satisfied, he or she may explain his or her reasons; he or she or any other
member may propose a motion of no confidence in the Council of Ministers
or in any individual Minister notwithstanding any provision of the Palestinian
Constitution in this regard.
Five. The member submitting the interpolation may withdraw it,
in which case it shall not be discussed except on the request of five or
more members of the Council.
Chapter 3
Urgency Procedure
Article 78
The Council may decide to adopt urgency procedure to deal with any
question, including any motion of confidence or motion of reprimand to
any Minister or to the Executive Authority as a whole. Any proposal to
adopt urgency procedure shall be made by:
One. any five members, submitted in writing;
Two. the Council of Ministers; or
Three. the relevant Committee;
and shall be decided without discussion.
Article 79
The Council and its Committees shall deal with questions taken under
urgency procedure first. Any such question shall not be subject to time
limits as laid down in these Standing Orders. The Council may decide to
discuss a question to be taken under urgency procedure at the meeting to
which it is submitted, in which case the relevant Committee shall report
to the Council immediately, orally or in writing.
Article 80
Any question discussed by the Council under urgency procedure may be
discussed again in the cases provided under these Standing Orders, and
shall not then be subject to the relevant time limits.
Article 81
One. If a draft law is to be discussed under urgency procedure,
it shall first be referred to the relevant Committee. Such Committee shall
determine whether it believes the draft law can be discussed and examine
the content of the draft law, and shall report to the Council on both matters.
The Council shall then decide whether to adopt urgency procedure. If it
so decides, it shall proceed to debate the draft law.
Two. In cases of necessity, the Council may decide by a vote
of two thirds of its members to discuss a draft law directly without prior
reference to the relevant Committee.
Article 82
Any question discussed under urgency procedure shall not be submitted
again to the Council within a period of one month, except with the consent
of two thirds of the members.
Chapter 4
Close of Discussion
Article 83
The discussion on any matter before the Council shall be closed upon
the decision of the Council, provided that at least two supporters and
at least two opponents of the proposal have spoken.
One. 1. Upon the proposal of the Speaker if he or she believes
there is no need for further discussion; or
2. Upon the proposal of at least five members.
Two. The relevant Minister shall be given the right to reply
to the discussion.
Three. Only one supporter and one opponent of any proposal to
close the discussion shall be called to speak, following which the Council
shall vote on such proposal. If such proposal is agreed, the Council shall
proceed to vote on the substantive question.
Article 84
No member may be called to speak after the discussion has been closed
except to determine the form of the proposal to be voted upon.
Chapter 5
Votes of the Council
Article 85
Only the Speaker may call a vote of the Council.
Article 86
One. The decisions of the Council shall be made by simple majority.
In the case of a tie, the Speaker shall take a second vote. If the tie
is not resolved, the Speaker shall have a casting vote.
Two. The provisions of paragraph (a) above shall not apply where
these Standing Orders specifically provide otherwise.
Article 87
If the proposal to be decided contains several questions, any member
may request, with the agreement of the Speaker, for it to be voted on in
parts.
Article 88
A member may abstain. Any such member may explain his reasons for doing
so before the announcement of the result of the vote.
Article 89
Abstentions shall not be counted either with votes in favour or with
votes against. If the total of votes in favour and votes against is less
than the quorum, the vote shall be postponed to a further meeting. At such
further meeting, the question shall be determined by a simple majority
of members present and voting.
Article 90
One. The quorum shall be verified immediately before any vote
is taken.
Two. A vote on any proposal related to the Basic Law shall be
taken by calling the members by name.
Three. Except as provided in paragraph (b) above, any vote shall
be taken by a show of hands, or by calling members to stand or sit, or
by secret vote if a majority of members decides so to do.
Article 91
The Speaker shall announce the result of each vote. No discussion may
take place on a question once decided except as provided under these Standing
Orders.
Title V
Chapter 1
Immunity of Members
Article 92
One. A member shall not be questioned, through either a civil
or criminal procedure, because of his or her actions, opinions or votes
in the meetings of the Council and its Committees, whether open or secret,
or because of any action taken outside the Council in the course of his
or her function as a member of the Council.
Two. No member shall be distributed in any manner, nor shall
any search be made of his or her possessions, house, car or office, during
the period of his or her immunity.
Three. No member shall be asked, during the period of membership
or subsequently, to testify on any subject related to his or her opinions
or actions or to information received in the course of his or her membership.
Four. Members shall possess such immunity during their term of
office. No criminal charges shall be brought against any member unless
apprehended in flagrante delicto. The Council should be informed immediately
with the procedures taken against the member in order for the Council to
do what it sees suitable. The Council Secretariat takes charge of this
mission if the Council was not in session.
Five. No member may relinquish his immunity unless so permitted
by the Council. Each member shall retain his or her immunity after ceasing
to be a member of the Council in all issues relating to his or her
actions or opinions in the course of membership.
Article 93
One. Any request to deprive a member of immunity shall be submitted
in writing to the Speaker by the President of the Supreme Court of Justice,
accompanied by a document including the detail of the alleged crime, its
place and date, and the requisite proof for criminal proceedings to be
entered.
Two. The Speaker shall inform the Council of any such request
and shall refer it to the Legal Affairs Committee.
Three. The Committee shall study the request and shall submit
a report to the Council. The Council shall decide to deprive a member of
immunity only on the vote of two thirds of its members.
Four. A member deprived of immunity but not detained may attend
meetings of the Council and of its Committees and may participate in debates
and c
Article 94
No member may be brought before the Civil Courts on the day of
any meeting of the Council.
Article 95
Except for the position of a Minister, the member cannot hold any position
in the executive authority in addition to his or her Council membership.
Article 96
Members responsibilities, rights and privileges.
The Council will issue an annex to this Standing Orders describing
in it the members’ responsibilities, rights and privileges.
Chapter 2
Petitions and Complaints
Article 97
Every Palestinian citizen has the right to submit a petition or complaint
concerning public affairs to the Council. Any such complaint shall be signed
by the petitioner, and shall include his or her name, profession and complete
address. Any complaint submitted on behalf of an organisation or group
shall be signed by a legal entity or a juridical person. No complaint may
include impolite language.
Article 98
Every complaint shall be registered in the order of its submission;
the name, address and profession of the petitioner shall be recorded. The
Speaker may rule out of order any complaint that does not meet the requirements
established, and shall so inform the petitioner.
Article 99
One. The Speaker shall refer any complaint to the Legal Affairs
Committee, or to such other Committee within whose remit the complaint
falls.
Two. Such Committee shall discuss the complaint, and shall decide
to refer it to the Council of Ministers or to a relevant Committee, or
to reject it.
Article 100
The Council may ask the relevant Minister or Ministers to give a response
to any complaint referred to them.
Article 101
The Speaker shall communicate the response to the complaint to the
petitioner.
Chapter 3
Absence of Members and Permissions
Article 102
No member of the Council may be absent without informing the Speaker
and giving reasons. No member may be absent for more than three consecutive
meetings without the consent of the Speaker. In the event of necessity,
the Speaker may give any member permission to be absent for one month,
and shall so inform the Council.
Article 103
One. Any member who is absent from the meetings of the Council
or of its Committees, or is absent for a period longer than the permission
he or she has been given shall be considered as having renounced his allowances
for the period of his or her absence without consent. The Speaker may call
his or her attention and the Council may, upon the proposal of the Speaker,
reprimand such member.
Two. If a member of any Committee is absent without a permission
or a justified reason for three consecutive or seven non-consecutive meetings
of such Committee during the same period of sessions, he or she shall be
considered to have resigned from such Committee. The Secretary of any Committee
shall inform the Speaker of any such occurrence.
Chapter 4
Keeping of Order in the Council
Article 104
One. The Council shall be responsible for the keeping of its
own order and security. For these purposes, a special police force for
the Council shall be established, according to rules drawn up by the Council.
The Speaker shall control the exercise of this function on behalf of the
Council.
Two. No security force or police force shall enter the precinct
of the Council, unless the Speaker decides otherwise.
Article 105
No person may enter the chamber of the Council while it is meeting,
with the exception of its servants
Article 106
Any person permitted to observe any meeting of the Council who causes
disturbances or refuses to obey the rules shall be asked to leave the meeting.
If he or she refuses to do so, the Speaker may order that the person be
removed from the meeting and that appropriate measures be taken against
him or her.
Chapter 5
Resignation
Article 107
Any member wishing to resign shall submit his unconditional resignation
to the Speaker. The Speaker shall submit such resignation to the Council
within two weeks of its receipt or at the first meeting following its submission.
No resignation shall be considered as final until confirmed by the Council
Article 108
Any member who has resigned in accordance with Article 102 above may
withdraw such resignation in writing to the Speaker before it has been
dealt with.
Article 109
The Speaker shall inform the Council of Ministers of any vacancy affecting
any electoral constituency, which shall be filled in accordance with the
Palestinian Election Law.
Chapter 6
General Provisions
Article 110
If the Council requires to elect a representative delegation, the proposed
number of members and the names of the delegation shall be determined by
the office of the Council, which shall submit them to the Council for approval.
If the Council does not agree such proposal, the members of the delegation
shall be elected by and from the Council. If the Speaker or either of the
Deputy Speakers is a member of any delegation, he or she shall lead it.
Otherwise, the Council shall appoint the leader of the delegation.
Article 111
These Standing Orders may only be amended on a proposal submitted by
the Speaker or by any five members. Any such proposal shall be submitted
to the Council, which shall refer it to the Legal Affairs Committee. Such
Committee shall submit its report in a period not exceeding one month:
failing such report, the Council may consider the proposal directly. Any
amendment shall require the vote of a majority of the members.
Article 112
These Standing Orders shall enter into force upon approval and shall
be published in the Official Gazette. Any other related legislation or
rules previously in force in Palestine shall be repealed.