Association of European Senates
Meeting of Tuesday, 13 November 2001 in Brussels
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Questionnaire on the role of the Senates
with regard to the quality of legislation.
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In recent years, the quality of legislation is an issue that has moved to the centre of the debate regarding the legislative process. In this regard, one can refer in particular to the work of the Working Group of the Presidents of European Parliaments on the Quality of Legislation, of The Organisation for Co-operation in Economic Development and of the European Centre for Research and Documentation.
The present questionnaire examines  the role of the senates in monitoring and improving the quality of legislation.
A questionnaire clearly does not permit the great diversity that characterises the bicameral parliamentary system of our respective countries  to be defined in detail. Therefore, please do not hesitate to add to your answers any comments you may consider useful.
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1.	Was concern about the quality of legislation one of the postulates which governed the introduction of a bicameral system?  If the answer is yes, can you briefly elaborate on this point?
If the answer is no, was a specific task on the subject of the quality of legislation subsequently assigned  to your assembly?.  
If your assembly has been assigned a specific mission on the subject of the quality of legislation, could you indicate whether this assignment derives from the Constitution,  from the law or from the rules of your assembly….?.   
If no specific mission on the subject of the quality of legislation has been assigned in the institutional structure of your country, has your assembly assigned to itself this mission?
2.	If by virtue of the laws of your country or its own initiative, your assembly fulfils a specific mission regarding the quality of legislation:
•	is it an exclusive mission or are other bodies (Chamber of representatives, Council of state, etc.) also charged with a mission regarding this matter?
•	is this mission related only to new legislation or does it  include a posteriori evaluations and/or the simplification of the existing legislation?

3.	Can you elaborate on the techniques and procedures that your assembly has recourse to in order to control the quality of legislation?

4.	Does the way in which your assembly is composed reflect in one way or another the specific mission that it assumes on the subject of the quality of legislation? In what way is this the case : number of members, the duration of the mandate, conditions of eligibility and the profile of (various categories of ) senators? Has your assembly, possibly through its own rules,  adapted its internal organisation in order to be able to ensure its role as a guarantor of the quality of legislation?

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Summary of the answers
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1.	Germany	p. 4
2.	Austria	p. 6
3.	Belgium	p. 7
4.	Spain	p. 9
5.	France	p. 10
6.	Italy	p. 12
7.	Luxembourg	p. 14
8.	The Netherlands	p. 16
9.	Poland	p. 18
10.	Romania	p. 22
11.	Slovenia	p. 24
12.	Switserland	p. 27
13.	Czech Republic	p. 28

Answers of the German “Bundesrat”
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1.
The negative experience with dictatorship, resulted in Western Germany in 1945 to the reestablishment of a federal system. In the territory of the three western occupation areas, the Federal Republic of Germany was created as a federal state on the basis of the Fundamental Law of 23 May 1949. The parliamentary council that drafted the constitution in 1948 and 1949, opted after long deliberations concerning the participation of the “Länder” within the framework of a second parliamentary assembly, for the traditional German model of a “Bundesrat” composed of members of the governments of the “Länder”.
The “Bundesrat” is a federative federal body. Article 50 of the Fundamental Law stipulates its position and competencies as follows:
"Through the intermediary of the “Bundesrat”, the “Länder” participate in the legislative and administrative process of the federation and in the issues relevant to the European Union."
The “Bundesrat” has the right to introduce legislative proposals. However, the vast majority of bills originate from the federal government. With respect to these governmental initiatives, it is the “Bundesrat” that has the “first word to say” in the parliamentary procedure, since it is to this body that the federal government has firstly to notify its bills.
It is during this “first passage” that the experience and competence of the “Länder” enrich federal legislation, since it is the “Länder” that apply the law (almost all laws have to be applied by the “Länder”). For this reason, the executive of the “Länder” pursues a very intensive technical dialogue with the federal executive. It is at this point that the controlling function that the “Bundesrat” fulfils in the federal structure, is the most clear.
Thus, the quality of legislation is controlled by the “Bundesrat” every time it examines a legislative proposal, using the experience that the administrations of the “Länder” gain in applying these laws.

2.
The “Bundestag” also pursues the goal of improving the quality of legislation.

3.
No mechanisms or procedures exist in the “Bundesrat” for the control of the quality of legislation. The experience gained by the “Länder” through applying these laws is almost automatically introduced in the legislative process.

4.
The “Bundesrat” is composed of members of the governments of the “Länder”. In order” to be a member of the “Bundesrat”, it is necessary to be a member of the government of the “Land”. It is this government that decides which member will be delegated to the “Bundesrat”. However, each “Land” can only appoint as many members for the “Bundesrat” as it has votes in this body (the number of votes is determined on the basis of the population of the “Land”). The other members of the government of the “Land” are usually nominated as substitute members.
Since the members of the “Bundesrat” are not elected, the system of terms of office does not apply. From a constitutional point of view, the “Bundesrat” is an “eternal body”, that is renewed following elections for the parliaments of the “Länder”. These are organised on different dates in the different “Länder”.
Since the competent ministers and civil servants of the “Länder” discuss the different matters that are subject to legislative proposals, it is their specific experience in the field that guarantees the quality of legislation.
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Answers of the Austrian “Bundesrat”
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1. to 4.
The main objective of the Austrian Bundesrat is to safeguard, by means of the Federal Constitutional Law, the  guaranteed rights of the autonomous provinces - Länder - at the federal level of legislation. 
The Bundesrat has no possibility to amend the legislative measures of the National Council - the first chamber of the Austrian Parliament. The Bundesrat has the right to raise a suspensive veto against an enactment and in this case there are no restrictions on calling into question federal decisions.  But generally the real role of the Bundesrat is to be the “Länderkammer” - the chamber of the provinces - in the National Parliament and to protect the Länder from unilateral amendments of the constitutional laws applicable to the Länder. The Bundesrat has a right of absolute veto in cases of constitutional acts or provisions designed to limit the legislative or executive powers of the provinces.
However last year the leaders of the three parliamentary groups have tabled a legislative initiative in the National Council to amend the Federal Constitutional Law to establish for the Bundesrat the right to take part in the legislative procedure of the National Council at the stage of deliberating draft bills in the committees so as to stress the federal aspects already at the beginning of the parliamentary legislative process. This combination of a way to intervene during the phase of deliberation and the possibility of a veto after the legislative process in the National Council may strengthen the efficiency and effectiveness of the Bundesrat and the quality of legislation. 
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Answers of the Belgian Senate
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1.
The Belgian bicameral system was transformed in 1993. One of the objectives of the transformation of the originally pure bicameral system was to liberate the Senate from the obligation to examine systematically all the draft bills adopted by the House of Representatives. Presently, a certain number of the draft bills adopted by the House of Representatives are examined by the Senate only after their “evocation” at the request of at least 15 (of the 71) senators.
By making a well-considered use of this right of “evocation” the Senate can liberate part of its time and means for more in-depth work on certain matters, such as the elaboration of legislation for new societal problems not yet regulated by law or the review of existing legislation which has become obsolete or where the application of which has become problematic.
Furthermore, the “evocation” enables the Senate, if necessary, to improve the technical qualities of a draft bill adopted by the House of Representatives.
The reform of the bicameral system in 1993 thus conferred to the Senate the role of guardian of the quality of the legislation (in addition to the role of associating the regional entities to the federal legislative process). However, this mission is not formally written down in the Constitution, the law or the rules of procedure of the Senate. It is stated by the parliamentary documents and follows from the structure and the rules of procedure of the Belgian bicameral system.

2.
No, it is clear that the three branches of the legislator – the House of Representatives, the Senate and the Government, each have to contribute to the quality of the legislation that is adopted.
Furthermore, the draft bills originating from the Government have to be submitted to the Council of State before being tabled. The Council of State, in a substantiated opinion, proposes the necessary improvements to the text (as regards structure, coherence, consistency with existing legislation, the editing, the legalistic aspects etc.).
Draft bills proposed by the deputies and senators do not have to be submitted systematically to the Council of State, but can be submitted to it at the initiative of the Chairman of the assembly or on the request of one third of the members.
As is clear from the answer to the first question, the role of the Senate regarding the quality of the legislation concerns as much new legislation as the a posteriori evaluation and the simplification of existing legislation.

3.
The Senate has created two procedures to assist it in its mission regarding the quality of legislation.
On the one hand, all the draft bills adopted by the House of Representatives and to which the “evocation” procedure applies are submitted to a group of specialised staff members of the different legislative services of the Senate, who examine them as to the quality of their editing, their linguistic aspects (and the concistency between the French and the Dutch texts) and their legalistic aspects.
Their remarks are passed to senators through the intervention of the presidents of the political groups and constitute one of the elements of consideration in any decision that may lead to the evocation of a draft bill. The staff members do not render any opinion on the timeliness or the political aspects, which are evidently the exclusive concern of the senators.
On the other hand, the Senate has created a “Service for the evaluation of legislation”. The mission of this service is to assist the Senate in its missions of evaluating, improving and simplifying legislation. The service exercises its missions at the request and under the supervision and responsibility of the bureau or a standing committee.

4.
Does the way in which your assembly is composed reflect its specific mission regarding the quality of legislation. Has it adapted its internal organisation ?
The Belgian Senate is composed of 71 members of which 10 are coopted (elected by the other senators). The coopted senators can be chosen for their specific competencies or experience in a given field.
As concerns the changes to the internal organisation of the Senate, see the response to Question 3.
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Answers of the Spanish Senate
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1.
When the present Constitution of Spain of 1978 was debated, one of the arguments favouring bicameralism was certainly its impact on the quality of legislation and the fact that a second chamber enhances the possibility for reflection in the legislative process. However, the primary function of the Spanish Senate was to allow for a representation of the territories in the institutions of the State (article 69, par. 1 of the Constitution). Thus beyond the above mentioned general principle, the institutional structure of Spain assigned no specific task concerning the quality of legislation to a particular institution.

2. 
No, the Senate does not have a specific task concerning the quality of legislation. Nevertheless, the Rules of Procedure of the Senate provide for technical amendments "which aim to correct errors or terminological or grammatical mistakes", and facilitates their filing and discussion during the entire legislative process (articles 115 and 125.3).

3.
Legal counsel (Letrados de las Cortes Generales) who are assigned to each committee, prepare a preliminary legal report analyzing the quality of planned and proposed laws that are in the process of being debated in the committee concerned (article 68 of the Rules of Procedure).

4. 
The make-up of the Spanish Senate aims in particular at ensuring the representation of territories combined with the direct democratic representation of the citizens (article 69 of the Constitution). In addition to the specific contribution of the legal counsel of each committee, the internal administrative organisation of the assembly, and in particular the 'Research and Documentation Department' of the Secretary General, provides documentation and legal guidance aiming at the improvement of legislative work.
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Answers of the Senate of the French Republic
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1.
Concern about the quality of legislation did not play a key role in the installation of a bicameral system in 1795. Bicameralism was above all a way to prevent the recurrence of the excesses that were committed by the single Assembly during “la Terreur (1793-1794)”.
However, these days it is generally accepted that bicameralism, thanks to the “shuttle” (or exchange) mechanism between the two assemblies, contributes to the quality of legislation. This is the reason why the “Conseil d’État”, during the 1969 referendum on the decrease of the powers of the Senate (in which the no-vote won), rendered an opinion underlining that this reform could lead to a deterioration in the quality of legislation.

2 and 3
The constitutional and organisational texts do not give a specific competence concerning the quality of legislation to the Senate. The “Conseil d’État”, which is the advisory organ of the government, plays a role in the control of the quality of legislation through the opinions it is obliged to give on draft governmental bills. However, this is not the case for parliamentary legislative proposals or amendments to legislative texts that are under discussion.
The Constitution does not give any specific role for the Senate to play in the field of the quality of legislation. However, during the deliberation of a text in the Senate, the concern for the quality of legislation is more dominant than during the deliberations in the National Assembly, since the Senate acts more as a chamber of “reflection”. 
The two assemblies have the same competencies concerning the a posteriori evaluation of legislation. In 1996, a Parliamentary Office for the Evaluation of Legislation was created. This is an organ common to both assemblies. However, this is not a very active body (it publishes a report every two years).
Nevertheless, each assembly follows up on the application of laws (adoption by the government of implementation decrees, possible difficulties relating to the jurisprudence, ...). This follow up is done more systematically in the Senate than in the National Assembly. 

4.
Certain aspects concerning the composition of the Senate make that this assembly is particularly well-placed to watch over the quality of legislation. The length of the mandate (9 years), the renewal by thirds and the indirect phased election, create a certain distance as regards the political passions of the moment and enable the Senate to deal with long term concerns.
It has to be noted that the internal organisation of the Senate, which is in part based on constitutional provisions, is in essence similar to that of the National Assembly. As a result, it does not have its own specific rules concerning the control of the quality of legislation.
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Answers of the Italian Senate
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1.
The Italian Constitution provides for a fully bicameral parliamentary system. The fact that all laws need to be approved by both Houses, while making the legislative procedure more cumbersome, means that more attention can be given to the quality of legislation. The quality of legislation as such only became a politically and legally important issue during the last decade, through the adoption of several laws aimed at simplifying, rearranging and codifying all existing laws, the precise number of which can no longer even be calculated.

The Senate has actively contributed to the elaboration of these laws, which were proposed by the Government, and has given precise directions for the implementation of the simplification programme. In its report on regulatory reform in Italy, the OECD itself recognised that the Italian Parliament played a more active role in this area than the parliaments of other member states.

2.
The Senate has not been assigned a specific task with respect to the quality of legislation, but co-operates with the Chamber of deputies towards achieving it. It should be recalled that the Government also plays a significant role here, because of its right of initiative in legislative matters, which is very important in the normal legislative process.
The purpose of the legislative reforms of the second half of the 1990’s was to improve the quality of all newly-produced legislation but also to start a process of rearranging, simplifying and codifying the existing stockpile of laws. The guidelines given by the Parliament have been particularly important in the latter field.

3.
The Rules of the Senate, which govern the way in which it exercises its legislative function, make no specific reference to the issue of the quality of legislation. However, the Senate seeks to achieve this aim by the following two means :

a.	The Presidents of the Senate and of the Chamber have issued a set of "Rules and Recommendations" regarding the technical drafting of legislative texts, which is imperative for both Parliament and Government. This body of rules was drawn up on the basis of experience.
b.	Early in 2001, the Senate implemented a reform of its administrative services in order to strengthen its support structures for legislative decision-making. In particular, the existing Drafting Office (responsible for the technical drafting of texts) was transformed into an Office for the Quality of Legal Texts and was given two new tasks: to study the regulatory impact analyses (Regulatory Impact Analysis – RIA) which the Government will provide on the most important laws and to act as an observatory on the implementation of laws.

4.
By its very nature, the Senate should have been characterised, because of its composition and the way in which its members are elected, by a stronger territorial link and closer ties with the regional autonomous entities. The newly-adopted constitutional reform has in fact reversed the previous relationship between State and regional legislation, in that the Regions are now solely competent for all matters that do not fall completely within the remit of the State. Consequently, the quality of legislation is an issue that will need an integrated approach involving both the Parliament and the regional Assemblies. Indeed, even before the reform, the Parliament and the regional Assemblies had initiated common studies and co-operation.
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Answers of the “Conseil d’État” of Luxembourg
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1.
The idea that lay at the basis of the “Conseil d’État” when it was created in 1856, was that “concerning legislation, the “Conseil d’État” will act as second chamber; its work will be a guarantee for the maturity of laws”. Thus, from the start the quality of legislation has been one of the most important tasks of the “Conseil d’État”.
However, this task does not have its basis in any legal text. It is so that article 2 of its organisational law stipulates that all opinions of the “Conseil d’État” are to be given in an explanatory report providing its conclusions and, if necessary, a counterbill. The drafting of a counterbill, which relates to the whole text of to one or more provisions indispute, is done for the vas majority of bills and legislative proposals. Article 2 also stipulates that, if the “Conseil d’État” believes that a bill of legislative proposal is contrary to the Constitution, international treaties, international conventions or general principles of law, it has to be mentioned in the explanatory report.
Next to the legal control ex ante, the harmonious insertion in existing legislation and the evaluation of political timeliness, the eamination of bills and legislative proposals still forms the rationale of existence of the “Conseil d’État”. This also goes for the examination of possible amendments and for bills concerning constitutional reform. Grand-Duchy regulatory proposals also have to be submitted to the “Conseil d’État”, except in cases of urgency.

2.
Quality of legislation control is a task inherent to the “Conseil d’État”. This however does not mean that the professional chambers in Luxembourg which must receive all bills and proposals that are of primary concern to them, or the “Chambre des députés” itself, are excluded from performing such a task. However, unlike the “Conseil d’État”, these bodies undertake such a task only on an occasional basis.
In principle, this control only applies to new legislation. However, on the basis of article 3 of its organisational law, the “Conseil d’État” has the right to take the initiative in drawing the attention of the government to the possible timeliness of new laws, regulations or modifications of existing laws and regulations.Even if the “Conseil d’État” has made use of this prerogative, this way of proceeding remains the exception.
3.
Every bill of legislative proposal together with the entirety of relevant amendments, as well as all Grand-Ducal executive regulation proposals, are examined in commission. During these deliberations, the conformity of the texts with the higher legal standards and principles as well as the political timeliness of the text, is systematically examined. Moreover, the compliance with the rules concerning legislative “technique” (usually referred to as “légistique formelle”) that apply to the heading and the preamble as well as to the structure, order and vocabulary of the disposition and possible annexes, is examined.

4.
Following article 4 of its organisational law, the “Conseil d’État” comprises 21 members, of which at least 11 have to be holders of a Ph.D. degree delevered by a Luxembourg jury, or of an authenticated foreign higher education law degree.
Since the members of the “Conseil d’État” are appointed for a fifteen year non-renewable term, the duration of the mandate enables them to specialise in and gather expertise on the improvement of legislative and regulatory texts submitted to them
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Answers of the Dutch “Eerste Kamer”
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1.
No. The bicameral system was only introduced in the Netherlands in 1815 under an amendment to the Dutch Constitution that was made in the wake of the unification of the northern Netherlands and southern Netherlands (now Belgium). Its introduction was partly in response to a request from Belgian members of the committee that was responsible for preparing the amendment to the Constitution. The grounds for adopting a bicameral system were stated as being as follows: “... so as to prevent any rash decisions from being taken in the consultative process, to act as a salutary means of keeping passions in check in difficult times, to surround the throne with a stronghold that will succumb to no one, and to offer the nation absolute security against any arbitrary attempt to seek greater power.”
With the passage of time, the Senate’s function as a ‘chamber of reflection’ gradually came to form the main basis for its existence.
Whilst the Senate’s legislative duties are laid down in the Constitution, its modus operandi is set out in the form of a Standing Order.

2.
With regard to legislative proposals, the Senate has the specific task of re-evaluation in the sense of a mature and indepth consideration of legislative texts. After the Council of State has given its opinion on the original legislative proposal, after the Bill has undergone a thorough reading in the House of Representatives and after any amendments have been made during this reading, the Senate then assesses its legal quality, practicability and enforceability, as well as, if necessary, the degree of public support for the Bill in its present state.
Only proposals for new legislation are assessed in this way by the Senate.

3.
Formally speaking, the Senate is only entitled to pass or to reject a Bill (and not to amend it). Nevertheless, the relevant Minister or Secretary of State may, during the debate in the Senate, be asked to give certain undertakings as regards the enforcement of the Bill or may be prompted either to propose a revising act or to withdraw the Bill.

A revised act is intended, as the name suggests, to revise a proposed Act of Parliament. The procedure for passing a revised act recommences in the House of Representatives.

4.
The way in which a Bill passes through the Senate is laid down in the Standing Order. The plenary reading debate culminates in a vote and is preceded by a written consideration. The written or oral consideration of draft Bills sent to the Senate takes place in either standing or special committees. There is at least one standing committee for each ministry. The composition of a committee is a matter that is decided on the basis of the numerical relationship between the various parliamentary parties in such a manner that each parliamentary party is represented in each committee.
There is a special assent procedure for legislation that is binding on the Kingdom of the Netherlands and which relates to the ‘Third Pillar’ of the European Union, for which there is a 15-day ratification period. The two chambers have equal powers in this respect.

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Answers of the Polish Senate
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1.
The social and political developments and the change of system that took place in Poland in the late 1980's led to the new idea of creating the Senate as a second Chamber of Parliament. This idea mainly harked back to the tradition of the Polish parliamentary system during the two world wars, when, from 1921 to 1939, the Diet and the Senate were the legislative bodies in Poland.
When it comes to appraising the role of the upper Chamber in the creation of laws, it should be stressed that in the Polish constitutional system, the Diet and the Senate do not have the same position in the legislative process, particularly because amendments can only be incorporated in a law adopted by the Diet if they concern matters that are regulated by that law. Even so, one can maintain that the Senate plays a specific role in the creation of law. For despite the fact that the amendments of the Senate must be directly related to the matter regulated by the law adopted by the Diet, they are not restricted to minor changes. Apart from the fact that, during the legislative process, the Senate can reject the law in its entirety, it should be stressed that the amendments of the Senate may aim at completely changing the tenor of the law and may even consider the possibility of introducing an alternative way of achieving the law's objectives. This corrective function of the Senate vis-à-vis the laws adopted by the Diet has its limits, however, because of the constitutional principle that a resolution of the Senate rejecting a law or an amendment proposed in a Senate resolution may be rejected by the Diet by an absolute majority of the votes cast and with at least half of the statutory number of deputies present.

2
The right to amend a law adopted by the Diet or to reject it in its entirety is the exclusive competence of the Senate as part of the legislative. It extends both to "new" laws, particularly those that adapt Polish legislation to Community law, and to laws already in force. Apart from these competencies, the Constitution has given the Senate the right of legislative initiative. Deputies (i.e. the committee of the Diet or groups of at least 15 deputies), the President of the Republic, the Council of Ministers and groups of at least 100.000 citizens are entitled to elect deputies to the Diet, also have this right. It should be pointed out that, apart from the Senate, other authorities can have an effect on the quality of the legal system, namely the President of the Republic and the Constitutional Court.

Before signing a law, the President of the Republic may request the Constitutional Court to pronounce on the conformity of the law with the Constitution. If the Constitutional Court acknowledges that the law is in conformity with the Constitution, the President can not refuse to sign it. The Constitution establishes as a principle that the President of the Republic refuses to sign any law which the Constitutional Court pronounces to be contrary to the Constitution. However, if the non-conformity with the Constitution concerns only certain provisions of the law and the Constitutional Court does not decide that these are intimately linked to the the law in its entirety, the President of the Republic, after having consulted the Marshall (Speaker) of the Diet, signs the law, leaving out the provisions that are not in conformity with the Constitution or sends the law back to the Diet, in order for it to take out the irregularities.
Another power by means of which the President of the Republic can watch over the quality of legislation is his right to table a motion in the Diet asking it to reconsider a law (the so-called presidential veto). However, if the Diet adopts the law again by a 3/5 majority of the votes cast, and with at least half of the statutory number of deputies present, the President of the Republic signs the law within a period of seven days and orders it to be published in the Official Journal of the Polish Republic. In this case, he does not have the right to turn to the Constitutional Court.
The second body that plays an important role in the field of legislation is the Constitutional Court. It should be pointed out, however, that its role differs from that of the President of the Republic. The essential function of the Constitutional Court is to ascertain the constitutionality of laws at the request of the subjects defined by the Constitution. As far as the scrutiny of legislation coming from Parliament is concerned, the Constitutional Court pronounces on the conformity of laws and international agreements with the Constitution and on the conformity of laws with ratified international agreements, provided their ratification depended on the prior adoption of a law accepting them. Decisions of the Constitutional Court are final and binding for all.

3.
Under the Constitution, the Rules of the Senate define the internal organisation and functioning of the Senate, the way in which its subsidiary bodies are convened and work, as well as the way in which the other institutions of the State are to perform their constitutional and statutory duties towards the Senate. The Rules therefore set out in detail both the procedure for laws adopted by the Diet and the procedure for legislative initiatives taken by the Senate.

As soon as the text of a law voted by the Diet has been transferred to the Senate, the Marshall (Speaker) of the Senate communicates it to the competent committees of the Senate. Representatives of the Diet and of the Council of Ministers and experts take part in the committee meetings when the law is discussed. After having examined the law, the committees prepare, as a general rule within a period not exceeding 18 days (or when the law as been tabled as an emergency item, within a period determined by the Marshall of the Senate), the draft resolution of the Senate on the law adopted by the Diet, which proposes to adopt the law without amendments, to introduce amendments into the text or to reject the law. The committee designates from among its members the rapporteur who shall give in the Senate debate an objective presentation of the conclusions in the committee's report. When presenting the draft resolution to the Senate, the rapporteur discusses the motions that were tabled and explains the effects that would result from their adoption as well as the links or possible contradictions between them. Each senator can table with the Marshall of the Senate a signed legislative motion asking for closure of the debate on a given point on the agenda. After all listed speakers have spoken, the Marshall of the Senate closes the debate and orders a pause in the deliberations in order to allow the competent committees to pronounce on the conclusions that were presented during the debate. The committees deliberate together. The report on the joint debate of the committees contains the motions that were tabled by the committees, the minority motions and the motions that were tabled by individual senators during the debate. The mover of a motion may change its content if the committees agree that the changes do not substantially alter the tenor of the motion. 
The important thing about the legislative procedure in the Senate is that the mover may withdraw his motion at any time as long as the Senate has not voted. Any senator can support a motion that has been withdrawn, thus taking over the rights of the actual mover.
The Rules of the Senate also set up the standard procedure for dealing with legislative initiatives of the Senate. The Senate may table draft laws with the Diet, which introduce either new legal solutions or changes and improvements in existing laws.
The Senate starts the procedure for a legislative initiative when a committee or a group of at least ten senators moves to do so. There are three readings for these draft laws.
The first reading takes place in a joint meeting of the competent committee(s) and the committee on legislation and legality. These committees can ask other committees for advice on the draft or any part thereof. The first reading can take place no sooner than 14 days after the draft law has been sent to all senators. They are informed of the date of the committee session at least seven days in advance. After having discussed the draft law, the committees draw up a joint report within a period of no more than two months, in which they move to adopt the draft without amendments or to adopt an amended text of the draft or to reject the draft. The committees' report indicates whether the draft law is in conformity with Community law or to what extent and why it is not in conformity (if this happens to be the case) or it may find that the draft is not within the scope of any Community regulations.
The second reading of the draft law involves by the presentation of the committees' report to the Senate and the subsequent debate, in which senators can table motions. After the second reading, the draft law is sent back to the committee for a discussion of the motions that were tabled during the plenary debate. If no motion has been tabled to oppose the motion contained in the committees' report, the Senate moves on immediately to the third reading.
The third reading of the draft law consists of the presentation to the Senate of a supplementary report by the committees (if the draft was sent back to them after the second reading) and the vote. The supplementary report of the committees contains the list of all motions that were tabled during the debate. The mover of a motion may change its content if the committees agree that the changes do not substantially alter the tenor of the motion.

4.
As far as the Senate is concerned, it would seem that features such as the number of its members, the duration of their term of office or the provisions of the current electoral law have no direct effect on the quality of written legislation. The essential value of the work of the Senate results from the procedures described above, which make it possible to eliminate legislative errors that arise during the legislative process in the Diet. This assessment is particularly valid for the way in which the Senate worked during its IVth term (1997-2001). The Senate proposed amendments to 372 out of the 652 laws that were adopted by the Diet and voted seven resolutions to reject a law. In all, the Senate tabled 6612 amendments, 4795 of which were accepted by the Diet, 1772 were rejected and 42 were not taken examined. The Diet accepted three of the resolutions rejecting a law.
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Answers of the Romanian Senate
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1.
Yes. The main criterion that lay at the basis of the installation of a bicameral system, was the historical argument of the continuation of the pre-war Romanian parliamentary tradition. A subsequent criterion taken into consideration by the Constitutional Assembly during the debates concerning the adoption of the 1991 Constitution, was the possibility to exercise a double control over legislation in general and the quality of legislation in particular. As such, both Chambers of Parliament examine a bill thoroughly, making sure that the balance in the legislative procedure and in having adopted decisions well-founded has been assured.

2.
The Senate does not have any specific assignments in the field of the quality of legislation, neither by virtue of the law, nor by its own initiative (in accordance with its own organisational and operational rules).
However, Parliament does have in an indirect way such an assignment through the Legislative Council. In conformity with Art. 79 of the Constitution and Law no 73/1993, the Legislative Council as a specialised advisory parliamentary organ, that undertakes, amongst other things, the task of drawing up studies concerning the systematisation, unification and co-ordination of legislation. This is done at the request of the Chamber of Representatives, the Senate or at its own initiative. On the basis of such a report, the Council makes proposals to Parliament and/or government. The most important task of the Legislative Council is the examination and the preparation of opinions on draft bills, legislative proposals, regulatory proposals and normative orders of the government. This is done with the purpose of elaborating or adopting these laws. The Legislative Council also examines the amendments submitted to the competent parliamentary committees upon request of the chairman of this committee. 

3.
A very useful instrument for the control of the quality of legislation, is the collection of legislative procedural rules, compiled in the Standing Orders of the Senate regulation.
The legislative work of the Senate, both in the plenary session and in the permanent committees, has to be undertaken with respect for the rules of parliamentary “technique” as determined in Law no 24/2000 concerning the rules of legislative “technique” for the elaboration of normative acts. The purpose hereof is to make sure that every normative act has an adequate content, way of systematisation and legal form.

4.
The new Senate regulation, adopted during an extraordinary session in January 2001, stipulates first of all that the centre of gravity of political debate lies in the specialised committees, with the purpose of analysing in depth the basis and foreseeable consequences of the legislation that needs to be adopted. As a result, the debate in plenary sessions has been shortened and legislative activity has been speeded up.
Likewise, on the basis of the tasks given to the Legislative Department of the Senate by the new organisational and operational regulation, and through the qualified staff it disposes of, this department supports the legislative activity of the Senate in the committees and in the plenary session, in order to assure its role as guardian of the quality of legislation. 

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Answers of the Senate of the Republic of Slovenia
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1.
The bicameral system as it was installed in the Republic of Slovenia, also has an influence on the quality of legislation. The National Council has also given itself the objective to involve the civil society as closely as possible in the legislative procedure and to give it the possibility to express its opinions and communicate its needs regarding the sectors to be regulated by law.
The competencies of the National Council are defined in article 97 of the Constitution of the Republic of Slovenia. The National Council can propose the adoption of laws to the National Assembly (legislative initiative). It can communicate to the National Assembly its views concerning all matters falling under its competence. Moreover, it can demand the National Assembly to reconsider a law before its promulgation (suspending veto). It can demand the organisation of a referendum on matters that are regulated by a law (legal referendum) or an inquiry into matters of public importance (parliamentary inquiry). Finally, it can ask the National Assembly to adopt a binding explanation of a law. Through each of these competencies, the National Council participates in all law-making procedures. Because of its composition, it allows a large part of society to participate as well, enabling society to contribute in a considerable way to these procedures.

2. & 3.
It is also by virtue of article 23 of the law on the Constitutional Court, that the National Council can also exert a legislative influence on the quality of existing laws. The National Council can demand the filing of a petition in order to evaluate the constitutionality and legality of regulations and other general rules.
-	The legislative initiative is one of the most important competencies of the National Council, giving it the possibility to propose laws and thus to participate as a consequence in the initial first step of the legislative procedure. 15% of the 20 law proposals submitted by the National Council between 1993 and 2001, were adopted. Moreover, there are still 7 proposals under consideration in the legislative procedure.
-	The legitimacy or effectiveness of the suspending veto can be evaluated in two ways: either by the number of times that this veto only received minority support in the National Assembly, or by the number of constitutional legal actions that concluded that the majority of contestations of the National Council were well-founded and led the Constitutional Court to decide that some articles of the law were unconstitutional. More than half of the requests for the initiation of the procedure evaluating this constitutionality and legality, were submitted after rejecting the veto proposal by the National Assembly. In the case of 54% of all laws, the Constitutional Court decided that the provisions of that part of the law for which the National Council demanded verification, were unconstitutional. Therefore, the suspending veto together with the constitutional legal actions, has a legal and professional basis, as well as an important function in terms of quality.

4.
The National Council differs from the National Assembly through its conditions of eligibility, its structure and the way in which it works. As representatives, the members of the Council are in permanent contact with their electorate, being local collectives, employees, employers, farmers, labourers, professions and the services sector. In order to maintain this contact, the National Council organises on an on-going basis, public debates, consultation rounds, round-tables and conferences on current issues linked to future legislation. It is through the organisation of these consultation rounds, public debates and round-tables that the National Council is able to involve the largest possible number of citizens in its decision-making. It can take these views and opinions into account during the legislative procedure. As a result, the National Council plays an active role in the follow-up and development of society in the economic, cultural, political, health and social fields, as well as at the level of a professional global organisation.
These consultation rounds, public debates and round-tables aim at presenting the issue to the audience, at inviting the best experts in the field, and finally at gathering as many different judicious opinions as possible. Like that, the National Council plays an important role in the Slovenian legal system by exercising its duties and competencies (its legal initiative right, by reporting different opinions concerning different laws, by the suspending veto, by demanding the evaluation of the constitutionality of certain articles of law, by proposing a referendum and requesting a parliamentary inquiry). Moreover, it informs the Slovenian public through other channels as well (publication of a magazine, publications to the rapporteur of the National Council, publications on the (internet) home pages of the National Council, radio transmissions, preparation for recordings on CD). More than 100 associations of professional societies, organisations, institutes and State organs have worded together with the National Council in order to organise these consultations rounds. As such, the national Council has managed to involve in its debates on different issues in everyday social life, a number of representatives of the civil society that is as large as possible. The purpose of these consultation rounds is not only to inform listeners, but also to receive opinions and information from the civil society in return.
The National Council will organise consultation rounds concerning the economy (on biomass, steel, tourism, difficulties in the textile industry, problems of the small enterprises, etc.). It will also hold seven consultative meetings on local self-government and regionalism. It has to be noted that the regional consultation rounds will also deal with this issue of local self-government.
The National Council also discusses topical issues such as the integration of Slovenia and its approach to the European Union as a full member (advantages and disadvantages of its integration in the EU, problems of unemployment in the EU, the importance of this integration for Slovenian citizens abroad).
The National Council will also hold consultation rounds on the problems of elderly people (medical insurance, social security, quality of life and health, retirement homes and retirement benefits).
Other subjects for consultation concern the civil society and legislation, fundamental human rights and liberties, the State, journalism and the media, elections and the electoral system, health, infrastructure and agriculture.
The National Council issues on average 2 to 3 publications each year. In 2000; it even published 8 documents (5 explanatory compilations, 1 comparative study, 1 manual and 1 report). In the first six moths of 2001, it published already 3 explanatory compilations.
The pilot project started jointly by the National Council of the Republic of Slovenia and the “Lycée de Litija” is a perfect example of the working of the National Youth Council. This Council helps young people in Slovenia to better understand the democratic process, while at the same time encouraging them to reflect on democratic decision-making.
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Answers of the Swiss Confederation (“Conseils des États”)
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1.
The bicameral system in Switzerland follows from the wish of the constitutional assembly of 1848 for a chamber representing the people (National Council) and another one representing the Cantons (Council of States). It was based on the American model (House of Representatives - Senate). The quality of legislation was not a subject of concern. 

2. 
Each matter dealt with by Parliament is examined first in one of the Councils, then in the other. The order is determined by the Presidents of the Chambers. Sometimes the National Council takes priority, sometimes the Council of States. 

The chamber that is the second to examine a matter must control the quality of the work of the first chamber (called the chamber that takes priority). One cannot say that the Council of States has a specific task. It is the system of pure bicameralism implying a second reading which contributes to an improved quality of legislation.

3.
An editorial committee, consisting of 12 members (six of each Council and four of each language group- French, German and Italian), edits legislative texts, inter alia if chapters or articles of a draft bill have been amended significantly by proposals from members of parliament.

4. 
The make-up of the Council of States (46 members, i.e. two for each Canton, elected for four years using a majority system in all but two Cantons) in no way reflects a concern about the quality of legislation. However, historically the number of lawyers (attorneys, public notaries, university professors, judges) is proportionally- speaking very high in the Council of States (about half of the members). This high number undoubtedly contributes to the quality of legislation. 
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Answers of the Senate of the Czech republic
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1. 
In former Czechoslovakia, the constitution of the second chamber was discussed in 1919-1920, in 1968, and in 1992. Each time, the second chamber was constituted. In the first and third case, the main argument in favour of a bicameral parliament was to ensure the quality of legislation. In 1992, the above-mentioned argument was somewhat eclipsed by accentuating balance of powers but the Senate's role of a “legislative corrective” of the Chamber of Deputies was not disputed. The possibility of completing its formal functions with material functions, e.g. a representation of specific social interest, was, and continues to be envisaged. 
The above-mentioned role of the Senate results from the Constitution. However, the question is whether the constitutional arrangements are adequate to completely fulfil the Constituent's general intentionas tot the role of this assemby. In fact, this is one of the Reasons behind an amendment tot the Constitution that is now being discussed within the Senate.

2. 
All the elements of the legislative process are supposed to oversee the quality of legislation. A special role is also played by the Legislative Council of the Government - a consultative body of specialists whose task is to examine all government bills before they are tabled in the Parliament - and by the Senate as the "final quality control" of the legislative process. All the draft bills are first reviewed by the Chamber of Deputies and the Senate is the chamber capable of finding and eliminating their possible shortcomings. In any case, the Chamber of Deputies has the last word and decides whether to enact the version already adopted by the deputies or the version amended by the Senate. 
The Senate deals exclusively with draft bills. There has been a discussion about establishing a special body in the senate that would analyse the rule of law, propose the repeal of obsolete acts and possibly participate in recodifications but the discussion has not resulted in any concrete decision being taken. The Senate has its own Committee on the Constitution, charged with analysing the Constitution and preparing amendments to it. But in fact this is just an exception at the level of parliamentary control regarding of legislation already existing. 
3. 
The Senate has two possibilities through which it can initialize changes in legislation; it has the power of the legislative. So far, just two draft bills proposed by the Senate have been initiated by a group of senators and not by committees or commissions.
As regards the draft bills referred to the Senate by the Chamber of Deputies, the Senate has only 30 days to review them; with the exception of constitutional laws, election laws, the Senate Rules of Procedure and the Act on Relations between the two Chambers. During its time of office, the Senate is entitled to approve the draft bill, reject the bill, return it with amendments, or to express the wish not to deal with it. The Senate chooses to reject a draft bill only where the bill is considered to be unamendable. Reservations are reflected in amendments that can be accepted or rejected by the Chamber of Deputies - in either case only as a whole and not one by one. The Chamber of Deputies accepts about 60% of those amendments. 
Before the bill is tabled at the plenary session, it is discussed by one or more committees. A mover of the bill usually attends to the committee discussions, as well as various specialists do. The committees recommend to the plenary how to handle the bill. The Legislative Department of the Senate, widely respected due to its professional qualities, also plays a great importance.

4.
All senators are elected in one-mandate constituencies by a majority two-round system, so there are no different categories of senators. When the Senate was constituted, traditional advice of Federalists was taken into account and thus the way of constituting of the Senate tries to meet demands as regards deliberation, experience, continuity and stability. 
The Senate has 81 members elected for 6 years and every other year one third of the mandates is eligible for re-election. One has to be 40 years of age or older to be able to become a senator. 
For five years, the Senate has been trying to find a procedure enabling it to distinguish the bills that it does not necessarily have to discuss. by the Senate. However, so far the Senate continues to discuss every bill.

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10.11.2001