Extract from the Parliamentary Procedure of the State Parliament of Rhineland-Palatinate, as amended on 14 October 1996

Chapter 12

Petitions

§ 99

Referral to the Ombudsman

(1)    The petitions addressed to the State Parliament or the Petitions Committee (Article 11 of the Constitution) shall be referred to the Ombudsman.

(2)   Petitions relating to the enactment or amendment of laws and ordinances or concerning the functions of the Ombudsman shall be referred to the Petitions Committee.

§ 100

Inadmissible petitions

(1)   The Petitions Committee may decide not to consider a petition because

a)      the petition does not state the full name and address of the petitioner or is illegible,

b)      the petition is trivial or incoherent,

c)      the subject matter of the petition relates to an offence,

d)      the case referred to has already been examined and the petition does not provide any new information,

e)      the petition was submitted for informational purposes only.

(1)   The Petitions Committee shall decide not to consider a petition because a consideration would constitute an encroachment on pending legal proceedings or a review of a judicial decision. Nothing in this Act, however, shall interfere with the right of the Petitions Committee to investigate the behaviour of the State government, all State authorities, or bodies, institutions and foundations established under public law, insofar as they are under State jurisdiction, when they are involved in pending proceedings or the decision has become final and absolute.

§ 101

Referral and transfer

(1)    The Petitions Committee shall refer petitions that do not fall within the competence of the State Parliament to the appropriate body.

(2)   The Petitions Committee shall, as a rule, forward petitions relating to bills under debate to the appropriate committee as material for consideration.

§ 102

Procedure of the Petitions Committee, Ombudsman

(1)   Unless this section provides otherwise, the provisions for select committees apply for the Petitions Committee analogously (sections 69 to 82).

(2)   The Ombudsman shall inform the Petitions Committee of matters of general concern and in important individual cases at the latest at the next session following the petition’s arrival.

(3)   Notwithstanding § 5 subsection (3) second sentence of the State Act to Establish the Office of an Ombudsman in the State Rhineland-Palatinate, the Petitions Committee may instruct individual or several members of the Petitions Committee to further examine individual petitions if no friendly solution was found; the members of the Petitions Committee instructed to do so are bound by instructions of the Petitions Committee.

(4)   The sessions of the Petitions Committee shall be held no sooner than within five working days of the members’ notification; the notification shall include the agenda.

§ 103

Exercise of rights

(1)    Requests for information or records shall be addressed to the appropriate supreme State authority; the supreme State authority shall be informed in due time of the exercise of the right of access.

(2)   In individual cases the Petitions Committee may transfer the exercise of the right of access to a subcommittee that consists at least of three of its members. The subcommittee shall make a report to the Petitions Committee upon the outcome of its investigation: § 77 subsection (3) first sentence applies analogously.

(3)   Insofar as access, information and production of records are denied (Article 90 a subsection 3 of the Constitution) the responsible Minister shall give reasonable grounds for the decision before the Petitions Committee. At the request of a parliamentary party or of one third of the members of the Petitions Committee the Minister shall defend the decision before the State Parliament.

(4)   Deputies may, at their request, be heard in respect of a petition by the Petitions Committee.

§ 104

Prison Administration Committee

(1)    The Prison Administration Committee deals primarily with the enforcement of custody decisions, prison sentences and liberty-restricting measures for the prevention of crime and for reformation of offenders; in particular it is concerned with

1.      the accommodation, working and food supply conditions of inmates and their educational opportunities;

2.      the particular needs of female inmates and juvenile offenders;

3.      special incidents in state prisons;

4.      post-prison care for ex-convicts;

5.      the working conditions and provision of training and further education opportunities for people working in prisons.

(1)   The Prison Administration Committee becomes active if the Petitions Committee refers petitions for consideration within the Prison Administration Committee’s competence pursuant to Article 11 of the Constitution or if the State government requests it to examine matters within the Committee’s jurisdiction. Notwithstanding the preceding sentence the Prison Administration Committee may examine matters within its jurisdiction.

(2)   Upon approval of the Minister of Justice, the Prison Administration Committee may, in order to exercise its functions, gather information directly in state prisons. Nothing in this Act shall affect the transfer of rights of access to the Prison Administration Committee pursuant to § 103 subsection (2).

(3)   The Prison Administration Committee shall inform the Petitions Committee of the outcome of its deliberations and may suggest matters within its jurisdiction for consideration. The Petitions Committee shall discuss the reports and suggestions made by the Prison Administration Committee and decide on their incorporation into its report to the State Parliament (§ 109).

(4)   The Prison Administration Committee consists of seven members with the chairman of the Petitions Committee acting as the chairman of the Prison Administration Committee.

§ 105

Decisions reached by the Petitions Committee

(1)    The Petitions Committee shall, as a rule, reach the following decisions in respect of submitted petitions:

1.      to refer the petitions to the State government

2.      to establish that there is no remedy for the subject matter of the petition,

3.      to declare the petition finally disposed of,

4.      to decide not to examine the subject matter of the petition. (§ 100).

(1)   The Petitions Committee may make a recommendation to the petitioner to the effect that he or she should resort to available remedies before submitting a petition.

§ 106

Communication and abrogation of decisions reached by the Petitions Committee

(1)    After each session the decisions reached by the Petitions Committee in respect of petitions shall, as a rule, be incorporated into a summary statement that shall be distributed to all deputies. The summary statement shall also list all friendly solutions.

(2)    Each deputy may request the abrogation of a decision reached by the Petitions Committee within seven working days of the summary statement’s distribution. The State Parliament shall vote on the motion.

(3)    After the deadline referred to in subsection (2) the petitioner shall be informed in writing of the decision reached by the Petitions Committee. The letter shall briefly state the reasons therefor.

§ 107

Report of the State government

The State government shall make a written report to the Petitions Committee pursuant to § 105 subsection (1) 1. within two months upon the steps taken in respect of the decision reached by the Petitions Committee. Where this is not possible for special reasons, the State government shall make an interim report.

§ 108

Confidentiality

The deputies and officials of the State Parliament shall maintain confidentiality in respect of all matters that come to their knowledge during the examination process of a petition. They are not pledged to the same secrecy concerning information received by them as deputies or officials or concerning facts that are obvious or insignificant to such an extent that they do not require confidentiality. They are obliged to maintain confidentiality even after termination of service or leaving office.

§ 109

Report of the Petitions Committee

The Petitions Committee shall make a report to the State Parliament upon its activities at least once a year.