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Article 66 - Right of inquiry

Article 66

Right of inquiry

 

   (1) The State Parliament may set up on a case by case basis committees of inquiries to examine alleged maladministration by the State Government.
   (2) At least one-third of the members of a committee of inquiry must belong to the State Parliament. The remaining members must be eligible for election to the State Parliament. The chairman of the committee of inquiry is elected by the State Parliament with a majority of three-quarters of the votes cast. Every party represented in the State Parliament with at least three deputies has the right to have at least one of the person they propose to be elected as a member of the committee of inquiry. If not all parties represented in the State Parliament with at least three deputies belong to the State Government, the maj
ority on the committee of inquiry shall not be attributed to those parties who form the State Government. The members of the committee of inquiry are to be attributed to the party upon whose suggestion they were elected. Votes cast for persons who have not been proposed are not valid.
   (3) The courts and all other authorities are obliged to comply with the request of a committee of inquiry to take evidence. In particular, the Ombudsman can be commissioned to carry out specific hearings and inquiries. All public bodies must on request submit their relevant files to the committee of inquiry or to the body requested to conduct the hearing. 
   (4) For hearings of evidence which are conducted by the committee of inquiry itself, the corresponding General Act on Administrative Procedures applies. 
   (5) The committee of inquiry may declare its sessions to be confidential. In this case, participants in the sessions must remain silent about the content of discussions and decisions.
   (6) The outcome of the inquiry is to be summarised in a report to the State Parliament. Members of the committee of inquiry who are deputies of the State Parliament have the right to produce a minority report. Reports are to be established in writing. They must be submitted to the State Parliament within four weeks of their completion and may not be published before the start of discussions in the State Parliament.
   (7) Anyone who gives false testimony before a committee of inquiry shall be punished in accordance with the relevant rules of criminal law regarding false testimony before courts.

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