INTERNAL RULES OF ORGANIZATION AND PROCEDURE OF THE HUMAN RIGHTS AND CITIZENS` COMPLAINTS COMMITTEE


Chapter One

GENERAL PROVISIONS

Article 1. The Committee on Human Rights and Citizens` Complaints is a Standing Committee to the 42nd National Assembly.

Article 2. The Committee shall perform its activities pursuant to the Constitution, the laws of the country and the Rules of the Organization and Procedure of the National Assembly.

Article 3. Citizens have the constitutional right to lodge complaints, proposals and alerts.

Article 4. Citizens cannot be prosecuted due to the submission of a proposal or alert.

Article 5. The Human Rights and Citizens` Complaints Committee shall consist of a Chairperson, four Deputy Chairpersons and members elected by the National Assembly.

Article 6. The Committee may initiate on its membership subcommittees and working groups.

Article 7. (1) The Committee shall be assisted by staff members and part-time collaborators.
(2) The composition of staff members and their positions shall be determined by the President of the National Assembly, following a proposal by the Chairperson of the Committee.
(2) The part-time collaborators shall support the work of the Committee on an ad hoc basis, with a particular task set by the Chairperson of the Committee on the basis of a Civil Contract.

Article 8. Each Member of Parliament may request the assistance of staff members on the occasion and in connection with his/her activities as a member of the Human Rights and Citizens' Complaints Committee.

Chapter two
ACTIVITIES OF THE COMMITTEE

Article 9. (1) The Human Rights and Citizens` Complaints Committee shall sit when more than half of its members are in attendance. Where after the hour set for the meeting a quorum is not present, the Committee may meet when the attending members are not less than one third of all its members.

(2) The Committee shall consider bills, the Annual Program under Article 111 of the Rules of Organization and Procedure of the National Assembly, draft resolutions, declarations and addresses that are allocated by the President of the National Assembly.

(3) On bills and other draft acts of the National Assembly, the Committee shall prepare reports, proposals and opinions

(4) The Committee shall evaluate the application and effectiveness of the laws.

(5) Opinions and decisions of the Committee shall be adopted by majority vote of the attending committee members. The opinions shall indicate the number of Members of Parliament who have voted "for", "against" and "abstain".

Article 10. (1) The Committee shall consider complaints, alerts and proposals of citizens, filed under the Constitution and the laws of the Republic of Bulgaria, which relate to improvement of the legislation or raise issues of great public importance.

(2) Complaints and alerts could be filed in relation to abuse of power and corruption, mismanagement of state or municipal property or any other illegal or inappropriate acts or omissions of public authorities and officials in the relevant administrations, which affect the lawful rights and interests of citizens.

Article 11. (1) At the proposal of the Chairperson, the Committee shall decide which of the complaints and alerts that satisfy the conditions of the preceding paragraph, shall be put for consideration at the Committee meeting.

(2) Each member of the Committee may approach the Committee with summarized complaints and alerts on substantive issues affecting the state and society related to the activities of the Committee.

(3) Other alerts and proposals of private nature shall be considered under the Administrative Procedure Code and shall be responded in writing or orally within a period of two months. Due to particularly important reasons, the deadline may be extended by not more than one month, and the sender shall be duly notified.

Article 12. The Human Rights and Citizens` Complaints Committee shall submit an Annual Report to the National Assembly.

Chapter three

MEETINGS OF THE COMMITTEE

Article 13. The Committee shall hold regular or extraordinary meetings.

Article 14. (1) The regular meetings shall be held on Thursday, at a further specified time, during the National Assembly sessions on the premises of the National Assembly in the capital city.

(2) Where circumstances warrant, extraordinary meetings may be held beyond the day and place of the preceding paragraph, as well as beyond the session period of the National Assembly.

(3) The Committee may decide to hold its meetings and Reception Office for citizens outside the capital.

(4)The Committee shall be convened by its Chairperson at the request of at least one third of the members or by the President of the National Assembly.

Article 15. (1) The agenda, time and place shall be announced in writing at least one day before the meeting of the Committee at the designated places, including on the Internet site of the National Assembly.
(2) As an exception, the Committee may be convened by the President of the National Assembly and in a shorter period if the circumstances so require.
Article 16. (1) The meetings of the Committee are open.

(2) Members of the European Parliament of the Republic of Bulgaria shall be entitled to participate in the meetings of the Committee in an advisory capacity.

(3) Members of Parliament who are not members of the respective Committee may participate in all its meetings without the right to vote.

(4) Citizens may attend meetings of the Committee subject to the mode of access to the National Assembly.

(5) In exceptional cases, the Committee, by a vote, may decide a particular meeting or any part thereof to be closed. Members of the Committee, other Members of Parliament by law as well as admitted persons shall participate in the closed meeting of the Committee.

(6) Participants in meetings of the Committee shall be obliged to comply with the requirements pertaining to the protection of classified information and the information under the Personal Data Protection Act, as well as information relating to the personal privacy and good reputation of the citizens.

Article 17. The procedure for discussion and adoption of bills and other acts of the National Assembly shall be in accordance with Chapter Eight of the Rules of Organization and Procedure of the National Assembly.

Article 18. The reports of the open meetings shall be public and available as per the established order and through the Internet site of the National Assembly.

Article 19. The Human Rights and Citizens` Complaints Committee may hold joint meetings with other National Assembly Committees under the order of Chapter Five of the Rules of Organization and Procedure of the National Assembly.

Article 20. (1) Shorthand records shall be drawn up of the meetings of the Committee which shall be signed by the Chairperson of the Committee and by the stenographer and shall be published on the National Assembly Internet site within ten days after the meeting.

(2) The records of the closed meetings shall be subject to a special procedure for safe-keeping, accounting and access in compliance with the requirements of the Classified Information Protection Act.

Chapter four

CITIZENS` COMPLAINTS

Article 21. Any citizen may refer to the Committee on matters that are within the competence of the National Assembly.

Article 22. The Committee shall consider citizens` complaints addressed to the Committee.

Article 23. Public authorities and officials from the state and municipal administrations and citizens shall be bound to appear before the Committee and provide any requested information and papers.

Article 24. (1) Citizens` complaints may be submitted in writing, orally, as well as by phone, fax or e-mail.

(2) Written complaints shall be responded in writing under the order of the Administrative Procedure Code.

Article 25. The Committee, its working group or an authorized by the Committee member may perform a review necessary for the response related to solving the issue raised by the citizen in his/her complaint.

Article 26. (1) The complaint should contain:

1. The full name of the applicant, his/her address, telephone and other means of communication; 2. Rights or freedoms that have been violated or a clear indication of the issue that arises for consideration before the committee; 3. The state body that has violated his/her rights and freedoms, respectively the body that should solve the issue raised;

(2) The complaint may be accompanied by written evidence.

(2) In case the complaint is done orally, a short record shall be drawn up, indicating the full name and address of the claimant, the violation and the violator according to the claimant.

Article 27. When a complaint contains evidence of an offense of general nature, the relevant judicial bodies shall be notified.

Article 28. (1) Each complaint shall be registered in a special register.

(2) The time-limit for replies to the complaints shall be determined under the order of the Administrative Procedure Code.

(3) Anonymous complaint shall not be considered.

Article 29. (1) The citizen may refer to the Committee a second time if he/she submits new evidence for violation of his/her rights and freedoms.

(2) If the Committee referred repeatedly with the same issue, for which the citizen has already received a reply in writing by the Committee, the latter shall no be obliged to respond to the new complaint.

Article 30. The Committee shall not accept for consideration a complaint which is already before the Court.

Article 31. (1) The Committee shall organize Reception Offices for citizens.

(2) The Reception Office for citizens shall be held every first and third Tuesday of the month from 11.00 h to 13.00 h when the National Assembly is not in recess.

(3) A Member of the Committee and an expert, according to a specific schedule, shall participate in the Reception Office of the Committee . A short record is drawn up for each Reception Office which shall be signed by the Member of Parliament and the responsible for the protocol official.

(4) The citizens shall be informed for the Reception Offices of the Committee by written announcements placed on the designated places, the Internet site of the National Assembly or through the media.

Concluding Provisions

§1. These Rules are adopted pursuant to Article 22, paragraph 1 of the Rules of Organization and Procedure of the National Assembly.

§2. The Rules shall be submitted to the President of the National Assembly and to the Standing Committees.

§3. The implementation of the Rules shall be assigned to the Chairperson of the Human Rights and Citizens` Complaints Committee.

The Rules were adopted on a meeting of the Human Rights and Citizens` Complaints Committee, held on 18.07.2012.



Chairperson:
Tuncher Kardzhaliev