The Chamber of Deputies is the only
pan-European representative body. The Chamber of Deputies is the lower house of
European Union's Bicameral-Parliament, with the higher house being the Senat. The Chamber of Deputies is composed of 645 members and shall be chosen each for a
5-year term of office.
The term of office of the Chamber of Deputies shall
begin on the day on which the Chamber of Deputies assembles for its first
sitting and shall continue until the day preceding the assembly of the Chamber of Deputies of the succeeding term of office. So the solutions adopted in the
Constitution avoid a break between elective because the election is ordered no
later than 90 days before the expiry of five years from the start of term and
must take place within 30 days before the expiry of five years from the start
of term. President of the European Union is obliged to convene the first
meeting of the Chamber of Deputies within 30 days of the election.
The Constitution provides for the
possibility of shortening the term of the Chamber of Deputies but also its
elongation. As part of the mechanism of interaction between the Chamber of Deputies and the European Executive Council
applies the institution of dismissal of
the government by the parliament and this action legislative power corresponds
to the right of the executive (entrusted to the President of the European Union)
dissolution of parliament. After this decision the parliament ceases to exist
and ordered early elections. Between the date of the dissolution of parliament and the meeting of the
new parliament for the first meeting of there is an
interval and it does not have the authority of the lower house of the
legislature.
The right to
shorten the term of the Chamber of Deputies belong to the President of the
European Union in two cases:
1) when the Chamber of Deputies does
not adopt the EU budget in the period of 121 days from the date of receipt of
the draft budget law. (Article 162 paragraph 3)
During the
chambers should finish all the work and submit the budget bill to the President
of the European Union for signature. Failure to maintain of this period gives
the President of the European Union the right to take a decision within 14
days. This is the case of the optional shortening of the term. President of the
European Union does not need to use it but he can do this right of use if he
deems it necessary. The Constitution uses the term President “may”.
2) when it comes to the failure of the third attempt
the appointment of the European Executive Council (Article 131 paragraph 2).
This case
already has a obligatory character - that is, its occurrence of obliges the
President of the European Union to take such a decision.
The decision to shorten the term of office must be
preceded by consultation with the President of the Chamber of Deputies and the
President of the European Executive Council
but it is not for the President of the
European Union binding. President of the European Union deciding to shorten the
term of the parliament at the same time to announce elections to the Chamber of Deputies.
It should be emphasized that the President of the
European Union can not use this right in an arbitrary manner because he is
limited in this respect, clearly sounding the Constitution:
Article 81
(4) The President of the European Union, after seeking the opinion of the
President of the Chamber of Deputies and the President of the European Executive Council, may, in those instances specified in the Constitution, order
shortening of the Chamber of Deputies term of office.
Article 162
(3) If, after 121 days from the day of submission of a draft Budget to the Chamber of Deputies, it has not been adopted or presented to the President of
the Union for signature, the President of the Union
may, within the following of 14 days, order the shortening of the Chamber of Deputies term of office.
Article 131
(2) In the event that a vote of confidence
has not been granted to the European Executive Council
pursuant to para. 1, the
President of the European Union shall shorten the term of office of the Chamber of Deputies and order elections to be held.
Dissolution of the Chamber of Deputies may
also be made by the Chamber of Deputies itself, which the affirmative vote of
11/20 votes of the statutory number of deputies can make the dissolution. This results in a shortening of the term
of office and early elections. In making such a resolution, the Chamber of Deputies is not limited and can receive it in any situation, but maintaining
the requirement of a qualified majority.
As a result of shortening the term of
Chamber of Deputies is also shortening the period in which elections should be ordered. The
President of the European Union, when ordering the shortening of the Chamber of Deputies term of office, shall simultaneously order elections to the Chamber of Deputies, and shall order them to be held on a day falling no later
than within the 45 day period from the day of the official announcement of
Presidential order on the shortening of the Chamber of Deputies term of
office. The President of the European Union shall summon the first sitting of
the newly elected Chamber of Deputies no later than the 15th day after the day
on which the elections were held.
It should be noted that in the case when
President of Chamber of Deputies are replaced by the President of the European
Union (when he can not fulfill the office or in case of death) and within the scope of
his competence he has no possibility to shorten the term of the parliament. Because
the at the time situation is sufficiently complicated and should not complicate
it further.(!)
The Constitution also provides for the
possibility to extend the term of office of the Chamber of Deputies which is a
manifestation of an emergency situation. Such situations can be the basis for
the introduction of extraordinary measures (martial law, a state of emergency
or a state of natural disaster). In accordance with article 186 paragraph 7
during a period of introduction of extraordinary measures, as well as within
the period of 90 days following its termination, the term of office of the
Chamber of Deputies may not be shortened nor elections to the Chamber of Deputies. If this period expires the term of office of the Chamber of Deputies that it is by law extended. On the question of how long it may be a
period in which the ban applies, the answer is varied. A state of emergency may be introduced for
a period of 90 days and extended with the consent of the Senat for 60 days - means total may be 150 days. A state of natural
disaster, you can enter a period of 30 days, and an extension with the approval
of the Senat and the Chamber of Deputies may take place but the
Constitution does not specify for how long. In contrast, for obvious reasons,
the Constitution does not specify for what period can be introduced martial
law. In the case of external threats to the Union, acts of armed aggression
against the territory of the European Union or when an obligation of common
defence against aggression arises by virtue of international agreement, the President
of the European Union may, on request of the European Executive Council, declare a
state of martial law in a part of or upon the whole territory of the Union. It
is important however, and applies to all three states of emergency provision
provision of Article 186, paragraph 7 that the ban applies to both the conduct
of elections of the introduction of extraordinary measures as well as the
period of 90 days after its completion.
