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UNEMPLOYMENT / DEC. 27, 2012
version 26, draft 26

The Standing Orders of the Danish Parliament

 Chapter 17 - The Administration of the Danish Parliament and Institutions belonging under the Danish Parliament

§ 43
In consultation with the Deputy Speakers, the Speaker is in charge of the internal organization and Administration of the Danish Parliament as well as of its running and accounting.

§ 44
(1) The Presidium of the Danish Parliament can lay down rules on access to the written material of the Danish Parliament, the Administration of the Danish Parliament and the committees of the Danish Parliament as well as on access to the EDP filing systems of the Danish Parliament.

(2) The Presidium of the Danish Parliament can lay down rules on the Archives of the Danish Parliament, on handing over documents to the Archives from the Danish Parliament, the Administration of the Danish Parliament, the institutions belonging under the Danish Parliament, the standing committees of the Danish Parliament, other committees set up in
accordance with the Standing Orders Committee of the Danish Parliament, and committees, boards and the like which are attached to the Danish Parliament and which are wholly or partly serviced by the Danish Parliament as far as secretariats are concerned as well as rules on access to the documents which have been handed over etc. Rules on the institutions belonging under the Danish Parliament and on the committees, boards etc. mentioned under clause 1, which are attached to the Danish Parliament are laid down after having been submitted to the institution or committee in question. As far as the Archives of the Office of the Auditor General are concerned, the rules which apply to dealing with the archives of the public administration apply, cf. Section 18c of the Act on the Audit of the State Accounts etc. (The Auditor General’s Act).

(3) Having consulted the Auditors of Public Accounts, the Standing Orders Committee lays down general provisions relating to the Auditor General with regard to such matters – which concerning the public Administration – are regulated by The Danish Public Administration Act and The Danish Access to Public Administration Files Act, cf. Section 18b in The Act on the Audit of the State Accounts etc. (The Auditor General’s Act).

§ 45
(1) Civil servants and other employees in the Administration of the Danish Parliament are appointed and dismissed by the Speaker or by persons authorized by the Speaker to do so. Unrequested dismissal of civil servants is undertaken by the Speaker. Appointment and dismissal of staff being a member of the General Management of the Danish Parliament, is also undertaken by the Speaker after discussing the matter with the Deputy Speakers and upon the approval of the Standing Orders Committee.

(2) The Auditors of Public Accounts appoint and dismiss their Head of Secretariat and other staff working in the Office of the Auditors of Public Accounts in accordance with the rules applying to staff laid down in Section 51.

(3) The Auditor General appoints and dismisses his staff in accordance with the rules applying to staff laid down in Section 51. Appointment and dismissal of civil servants in income bracket 36 or a higher income bracket as well as unsolicited dismissal of any civil servant requires the approval of the Standing Orders Committee, the matter having previously been put before the Auditors of Public Accounts, cf. Subsection 7 of Section 1 in The Act on the Audit of the State Accounts etc. (The Auditor General’s Act).

(4) The Ombudsman appoints and dismisses his staff in accordance with the rules applying to staff laid down in Section 51.

§ 46
(1) The Civil Service Act excepting Sections 1 and 3, Subsections 3–5 of Section 5, Sections 45–47 and 49–54 h, and the Act on Appointment on a Limited Tenure of Civil Servants and Staff Employed on a Civil Servant’s Basis also apply to civil servants working in the Danish Parliament, in the Office of the Auditors of Public Accounts and in the Office of the Ombudsman unless the Standing Orders Committee decides otherwise.

(2) A general agreement which applies to civil servants of the Danish Parliament and civil servants working in the Office of the Ombudsman may – on the authorization of the Speaker – be entered into by the Secretary General and the Ombudsman. If such a general agreement is not entered into, provisions on remuneration and other conditions of employment are laid down in a set of salary rules, issued by the Speaker of the Danish Parliament after discussing the matter with the staff organizations concerned and upon the approval of the
Standing Orders Committee.

(3) If the Secretary General and the Ombudsman enter into a general agreement in accordance with Subsection 2, the provisions on remuneration and other conditions of employment which apply to State civil servants, laid down in Sections 45–47 of the Civil Service Act, also apply to civil servants of the Danish Parliament and civil servants working in the Office of the Ombudsman unless other measures are taken in accordance with Subsection 4.

(4) Agreements on remuneration and other conditions of employment which apply to civil servants of the Danish Parliament and civil servants working in the Office of the Ombudsman are entered into by the Secretary General and the Ombudsman on the one hand and the central organizations with which the Secretary General and the Ombudsman have entered into a general agreement on the other hand. If an agreement cannot be reached, the decision is taken by the Speaker, who has previously consulted the Deputy Speakers.

(5) However, in ccordance with Subsection 4, agreements cannot be entered into regarding conditions laid down by statute or in accordance with the Standing Orders of the Danish Parliament or regarding tasks, organization or staff requirements in the Danish Parliament or in the Office of the Ombudsman.

(6) The provisions laid down in the legislation referred to in Subsection 1 likewise apply to civil servants in the Danish Parliament or in the Office of the Ombudsman, unless other measures are taken by the Speaker after consulting the Deputy Speakers.

(7) Decisions – which in accordance with the legislation referred to in Subsection 1 are made by a Minister – are, where civil servants of the Folketing and civil servants working in the Office of the Ombudsman are concerned, made by the Secretary General and the Ombudsman respectively.

§ 47
(1) A general agreement which applies to public staff who are not civil servants may upon the authorization of the Speaker be entered into by the Secretary General and the Ombudsman. If a general agreement is not made, remuneration and other conditions of employment are laid down in a set of rules on salary issued by the Speaker after negotiating with the staff organizations concerned and upon the approval of the Standing Orders Committee.

(2) If the Secretary General and the Ombudsman enter into a general agreement in accordance with Subsection 1, the agreements and provisions on salaries and other conditions of employment which apply to public staff who are not civil servants shall be applied to those staff employed by the offices of the Danish Parliament and the Ombudsman, who are not civil servants unless otherwise provided in accordance with Subsection 3.

(3) Agreements on remuneration and other conditions of employment regarding those staff who are not civil servants employed by the offices of the Danish Parliament and the Ombudsman are entered into by the Secretary General and the Ombudsman on the one hand and the central organizations with which the Secretary General and the Ombudsman have
made the agreement on the other hand. If it is not possible to reach an agreement, the decision is made by the Speaker after consulting the Deputy Speakers.

(4) In accordance with Subsection 3, agreements cannot be entered into regarding conditions laid down by statute, in accordance with law or in accordance with the Standing Orders of the Danish Parliament, likewise agreements which are related to the tasks of the Danish Parliament or the Ombudsman, or to their organization or to staff requirements cannot be made.

§ 48
(1) The rules on remuneration and other conditions of employment which apply to the various categories of staff employed by the Danish Parliament also apply to civil servants, staff employed on a civil servant’s basis and non civil servants, who are employed by the Auditors of Public Accounts, cf. Sections 46 and 47. However, agreements on tasks, organization and staff requirements may not be entered into, and likewise decisions in accordance with Subsection 7 of Section 46 are made by the Auditors of Public Accounts upon the approval of
the Standing Orders Committee. Staff employed by the Auditors of Public Accounts are, furthermore, with the exceptions necessitated by circumstances, comprised by the general rules which apply to persons employed by the State.

(2) The provisions on remuneration and other conditions of employment which apply to State civil servants, laid down in accordance with Sections 45–49 of the Civil Service Act, also apply to civil servants employed by the Office of the Auditor General, unless other measures are taken in accordance with Subsection 5 of Section 18a in the Act on the Audit of the State Accounts etc. (The Auditor General’s Act).

(3) Agreements on remuneration and other conditions of employment which apply to civil servants employed by the Office of the Auditor General are made by the Auditor General and the central organizations referred to in Section 49 of the Civil Service Act. If it is not possible to reach an agreement, the decision is made by the Standing Orders Committee after the matter has been submitted to the Auditors of Public Accounts, cf. Subsection 5 of Section 18a in the Act on the Audit of the State Accounts etc. (The Auditor General’s Act).

§ 49
Civil servants employed by the Administration of the Danish Parliament, by the Office of the Auditors of Public Accounts, by the Office of the Auditor General or by that of the Ombudsman of the Danish Parliament are entitled to a pension in accordance with the rules which apply to State civil servants, cf. Subsection 2 of Section 1 in the Civil Service Act on Pensions.

§ 50
(1) After consultation with the Deputy Speakers, the Speaker lays down the necessary regulations pertaining to service in the Danish Parliament.

(2) The staff and their organizations may request that their enquiries be brought before the Speaker, the Presidium or the Standing Orders Committee in the said order.

§ 51
(1) Estimates of the budget of the Danish Parliament, including the estimates of the budgets elaborated by the Auditors of Public Accounts, the Auditor General, the Ombudsman of the Danish Parliament and the Danish Delegation to the Nordic Council – which shall, in so far as it may prove necessary, indicate staff estimates – are submitted to the Presidium for consideration. Not later than May 10th, the Presidium submits a recommendation to the Standing Orders Committee. Not later than May 31st, the Committee concludes its consideration
of the size and composition of the estimates of the budget. When the budget has been approved by the Standing Orders Committee, it is forwarded to the Prime Minister who will make use of it when elaborating the Finance Bill for the coming financial year. The Standing Orders Committee recommends that the total amount relating to the Danish Parliament be entered in the text of the Finance Bill. The composition of the budget is entered in the supplementary text to the Finance Bill.

(2) Proposals for supplementary appropriations to the Danish Parliament, including the contributions from the Auditors of Public Accounts, the Auditor General, the Ombudsman of the Danish Parliament and the Danish Delegation to the Nordic Council, are dealt with in the same manner by the Presidium. The latter submits a recommendation to the Standing Orders Committee which concludes its consideration early enough to ensure that proposals for supplementary appropriations be incorporated in the Supplementary Appropriation Bill for the financial year under review.

§ 52
(1) Provisions on the accounting and revision of the Danish Parliament are laid down in regulations, cf. Section 50(1).

(2) The accounts are revised by a firm of chartered accountants, who are appointed by the Speaker upon the recommendation of the Deputy Speakers. (3) The Speaker approves the accounts by his signature, and a summary of the accounts is published on one of the Danish Parliament web sites.

§ 53
After a general election, the latest elected Speaker, provided he/she has been re-elected to the Danish Parliament – or the one among the Deputy Speakers having the prior claim – is entitled to represent the Danish Parliament and to take the necessary steps on behalf of the Danish Parliament, pending the appointment of a temporary Speaker on the day when the Danish Parliament opens again.

 

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