chapter 4A
uNICAMERAL TYPE GOVERNMENT
(Single Chamber Parliament)
Part I - The Parliament and Representatives
Part II - The Parliament
Part III - Legislation
Part IV - Government
Part V - Administration & Self Government
Part I
The Parliament and Representatives
Article 28: Composition and term of Parliament
The Parliament is unicameral. It consists of one hundred and fifty Representatives, who are elected for a term of four years at a time.
The term of the Parliament begins when the results of the parliamentary elections have been confirmed and lasts until the next parliamentary elections have been held.
Article 29: Parliamentary elections
The Representatives shall be elected by a direct, proportional and secret vote. Every citizen who has the right to vote has equal suffrage in the elections.
For the parliamentary elections, the country shall be divided, on the basis of the number of Welsh citizens, into at least twelve and at most eighteen constituencies. In addition, the Åland Islands shall form their own constituency for the election of one Representative.
The right to nominate candidates in parliamentary elections belongs to registered political parties and, as provided by an Act, to groups of persons who have the right to vote.
More detailed provisions on the timing of parliamentary elections, the nomination of candidates, the conduct of the elections and the constituencies are laid down by an Act.
Article 30: Extraordinary parliamentary elections
The President of the Republic, in response to a reasoned proposal by the Prime Minister, and after having heard the parliamentary groups, and while the Parliament is in session, may order that extraordinary parliamentary elections shall be held. Thereafter, the Parliament shall decide the time when it concludes its work before the elections.
After extraordinary parliamentary elections, the Parliament shall convene in session on the first day of the calendar month that begins ninety days after the election order, unless the Parliament has decided on an earlier date of convocation.
Article 31: Eligibility and qualifications for the office of Representative
Everyone with the right to vote and who is not under guardianship can be a candidate in parliamentary elections.
A person holding military office cannot, however, be elected as a Representative.
The Chancellor of Justice of the Government, the Parliamentary Ombudsman, a Justice of the Supreme Court or the Supreme Administrative Court, and the Prosecutor-General cannot serve as representatives. If a Representative is elected President of the Republic or appointed or elected to one of the aforesaid offices, he or she shall cease to be a Representative from the date of appointment or election. The office of a Representative shall cease also if the Representative forfeits his or her eligibility.
Article 32: Suspension of the office of a Representative and release or dismissal from office
The office of a Representative is suspended for the time during which the Representative is serving as a Member of the European Parliament. During that time a deputy of the Representative shall replace the Representative. The tenure of office of a Representative is suspended also for the duration of military service.
The Parliament may grant a release from office for a Representative upon his or her request if it deems there is an acceptable reason for granting such release.
If a Representative essentially and repeatedly neglects his or her duties as a Representative, the Parliament may, after having obtained the opinion of the Constitutional Law Committee, dismiss him or her from office permanently or for a given period by a decision supported by at least two thirds of the votes cast.
If a person elected as a Representative has been sentenced by an enforceable judgement to imprisonment for a deliberate crime or to a punishment for an electoral offence, the Parliament may inquire whether he or she can be allowed to continue to serve as a Representative. If the offence is such that the accused does not command the trust and respect necessary for the office of a Representative, the Parliament may, after having obtained the opinion of the Constitutional Law Committee, declare the office of the Representative terminated by a decision supported by at least two thirds of the votes cast.
Article 33: Independence of Representatives
A Representative is obliged to follow justice and truth in his or her office. He or she shall abide by the Constitution and no other orders are binding on him or her.
Article 34: Parliamentary immunity
A Representative shall not be prevented from carrying out his or her duties as a Representative.
A Representative shall not be charged in a court of law nor be deprived of liberty owing to opinions expressed by the Representative in the Parliament or owing to conduct in the consideration of a matter, unless the Parliament has consented to the same by a decision supported by at least five sixths of the votes cast.
If a Representative has been arrested or detained, the Speaker of the Parliament shall be immediately notified of this. A Representative shall not be arrested or detained before the commencement of a trial without the consent of the Parliament, unless he or she is for substantial reasons suspected of having committed a crime for which the minimum punishment is imprisonment for at least six months.
Article 35: Freedom of speech and conduct of Representatives
Each Representative has the right to speak freely in the Parliament on all matters under consideration and on how they are dealt with.
A Representative shall conduct himself or herself with dignity and decorum, and not behave offensively to another person. If a Representative is in breach of such conduct, the Speaker may point this out or prohibit the Representative from continuing to speak. The Parliament may caution a Representative who has repeatedly breached the order or suspend him or her from sessions of the Parliament for a maximum of two weeks.
Article 36: Conflict of interest
A Representative is disqualified from consideration of and decision-making in any matter that concerns him or her personally. However, he or she may participate in the debate on such matters in a plenary session of the Parliament. In addition, a Representative shall be disqualified from the consideration in a Committee of a matter pertaining to the inspection of his or her official duties.
Part II
The Parliament
Article 37: Parliamentary Session
The Parliament convenes in session every year at a time decided by the Parliament, after which the President of the Republic/Crown Representative shall declare the parliamentary session open.
The parliamentary session continues until the time when the Parliament convenes for the following parliamentary session. However, the last parliamentary session of an electoral term shall continue until the Parliament decides to conclude its work. Thereafter, the President/Crown Representative shall declare the work of the Parliament finished for that electoral term. However, the Speaker of the Parliament has the right to reconvene the Parliament, when necessary, before new elections have been held.
Article 38: The Speaker and the Speaker's Council
The Parliament elects from among its members a Speaker and two Deputy Speakers for each parliamentary session.
The election of the Speaker and the Deputy Speakers is conducted by secret ballot. The Representative receiving more than one half of the votes cast is deemed elected. If no one has received the required majority of the votes cast in the first two ballots, the Representative receiving the most votes in the third ballot is deemed elected.
The Speaker, the Deputy Speakers and the chairpersons of parliamentary Committees form the Speaker's Council. The Speaker's Council issues instructions on the organisation of parliamentary work and decides, as specifically provided in this Constitution or in the Parliament's Rules of Procedure, on the procedures to be followed in the consideration of matters in the Parliament. The Speaker's Council may put forward initiatives for the enactment or amendment of Acts governing parliamentary officials or the Parliament's Rules of Procedure, as well as proposals for other provisions governing the work of the Parliament.
Article 39: Committees of the Parliament
For each electoral term, the Parliament appoints the Grand Committee, the Constitutional Law Committee, the Foreign Affairs Committee, the Finance Committee, the Audit Committee and the other standing Committees provided in the Parliament’s Rules of Procedure. In addition, the Parliament appoints Committees ad hoc for the preparation of, or inquiry into, a given matter.
The Grand Committee shall have twenty-five members. The Constitutional Law Committee, the Foreign Affairs Committee and the Finance Committee shall have at least seventeen members each.
The other standing Committees shall have at least eleven members each. In addition, each Committee shall have the necessary number of alternate members.
A Committee has a quorum when at least two thirds of its members are present, unless a higher quorum has been specifically required for a given matter.
Article 40: Other bodies and delegates to be elected by the Parliament
The Parliament elects the trustees for monitoring the administration and operations of the Social Insurance Institution, as provided in more detail by an Act.
The Parliament elects the other necessary bodies, as provided in this Constitution, in another Act or in the Parliament's Rules of Procedure.
The election of the parliamentary delegates in a body established under an international agreement or in another international body shall be governed by an Act or by the Parliament's Rules of Procedure.
Article 41: Election of the parliamentary organs
The Committees and the other parliamentary organs are appointed during the first parliamentary session of an electoral term for the duration of that term, unless otherwise provided in this Constitution, or in the Parliament's Rules of Procedure or in the specific rules of procedure laid down by the Parliament for a given parliamentary organ. However, on the proposal of the Speaker's Council, the Parliament may agree to the reappointment of a committee or organ during the electoral term.
The Parliament elects the members of the Committees and the other organs. Unless the election is by consensus, it is held by proportional vote.
Article 42: Parliamentary Ombudsman
The Parliament appoints for a term of four years a Parliamentary Ombudsman and two Deputy Ombudsmen, who shall have outstanding knowledge of law. A Deputy Ombudsman may have a substitute as provided in more detail by an Act. The provisions on the Ombudsman apply, in so far as appropriate, to a Deputy Ombudsman and Deputy Ombudsman’s substitute.
The Parliament, after having obtained the opinion of the Constitutional Law Committee, may, for extremely weighty reasons, dismiss the Ombudsman before the end of his or her term by a decision supported by at least two thirds of the votes cast.
Article 43: How matters are initiated for consideration in the Parliament
Matters are initiated for consideration in the Parliament on the basis of a Government proposal or a motion submitted by the Government or a motion submitted by a Representative, or in another manner provided in this Constitution or in the Parliament's Rules of Procedure.
Representatives may put forward:
1. Legislative motions, containing a proposal for the enactment of an Act;
2. Budgetary motions, containing a proposal for an appropriation to be included in the budget or a supplementary budget, or for another budgetary decision; and
3. Petitionary motions, containing a proposal for the drafting of a law or for taking other measures.
Article 44: Preparation of matters
Government proposals, motions by Representatives, reports submitted to the Parliament and other matters, as provided for in this Constitution or in the Parliament's Rules of Procedure, shall be prepared in Committees before their final consideration in a plenary session of the Parliament.
Article 45: Consideration of matters in plenary session
A legislative proposal and a proposal on the Parliament's Rules of Procedure are considered in plenary session in two readings. However, a legislative proposal left in abeyance and an Act left unconfirmed are considered in one reading only. Other matters are considered in the plenary session in a single reading.
Decisions in plenary session are made by a simple majority of the votes cast, unless specifically otherwise provided in this Constitution. In the event of a tie, the decision is made by drawing lots, except where a qualified majority is required for the adoption of a motion. More detailed provisions on voting procedure are laid down in the Parliament's Rules of Procedure.
Article 46: Duties of the Speaker in a plenary session
The Speaker convenes the plenary sessions, presents the matters on the agenda, oversees the debate and ensures that the Constitution is complied with in the consideration of matters in plenary session.
The Speaker shall not refuse to include a matter on the agenda or a motion in a vote, unless he or she considers it to be contrary to the Constitution, another Act or a prior decision of the Parliament. In this event, the Speaker shall explain the reasons for the refusal. If the Parliament does not accept the decision of the Speaker, the matter is referred to the Constitutional Law Committee, which shall without delay rule whether the action of the Speaker has been correct.
The Speaker does not participate in debates or votes in plenary sessions.
Article 47: Interpellations
A group of at least twenty Representatives may address an interpellation to the Government or to an individual Minister on a matter within the competence of the Government or the Minister. The interpellation shall be replied to in a plenary session of the Parliament within fifteen days of the date when the interpellation was brought to the attention of the Government.
At the conclusion of the consideration of the interpellation, a vote of confidence shall be taken by the Parliament, provided that a motion of no confidence in the Government or the Minister has been put forward during the debate.
Article 48: Statements and reports of the Government
The Government may present a statement or report to the Parliament on a matter relating to the governance of the country or its international relations.
At the conclusion of the consideration of a statement, a vote of confidence in the Government or a Minister shall be taken, provided that a motion of no confidence in the Government or the Minister has been put forward during the debate. No decision on confidence in the Government or its Member shall be made in the consideration of a report.
Article 49: Questions, announcements and debates
Each Representative has the right to address questions to a Minister on matters within the Minister's competence. Provisions on the questions and the answers are laid down in the Parliament's Rules of Procedure.
The Prime Minister or a Minister designated by the Prime Minister may present an announcement to the Parliament on any topical issue.
A debate on any topical issue may be held in a plenary session, as provided in more detail in the Parliament's Rules of Procedure.
The Parliament makes no decisions on matters referred to in this Article. In the consideration of these matters, exceptions may be made to the provision in Article 31(1) on the right to speak.
Article 50: Reports to be submitted to the Parliament
The Government shall submit to the Parliament annual reports on governmental activities and on the measures undertaken in response to parliamentary decisions, as well as annual reports on State finances and adherence to the budget.
Other reports shall be submitted to the Parliament, as provided in this Constitution, or in another Act or in the Parliament's Rules of Procedure.
Article 51: Parliamentary right to receive information
The Parliament has the right to receive from the Government the information it needs in the consideration of matters. The appropriate Minister shall ensure that Committees and other parliamentary organs receive without delay the necessary documents and other information in the possession of the authorities.
A Committee has the right to receive information from the Government or the appropriate Ministry on a matter within its competence. The Committee may issue a statement to the Government or the Ministry on the basis of the information.
A Representative has the right to information which is in the possession of authorities and which is necessary for the performance of the duties of the Representative, in so far as the information is not secret or it does not pertain to a State budget proposal under preparation.
In addition, the right of the Parliament to information on international affairs is governed by the provisions included elsewhere in this Constitution.
Article 52: Right of attendance of Ministers, the Ombudsman and the Chancellor of Justice
Minister has the right to attend and to participate in debates in plenary sessions of the Parliament even if the Minister is not a Representative. A Minister may not be a member of a Committee of the Parliament. When performing the duties of the President of the Republic under Article 59, a Minister may not participate in parliamentary work.
The Parliamentary Ombudsman and the Chancellor of Justice of the Government may attend and participate in debates in plenary sessions of the Parliament when their reports or other matters taken up on their initiative are being considered.
Article 53: Continuity of consideration
Consideration of matters unfinished in one parliamentary session continues in the following parliamentary session, unless parliamentary elections have been held in the meantime. When necessary, the consideration of an international matter pending in the Parliament may continue in the parliamentary session following parliamentary elections. (1112/2011, entry into force 1.3.2012)
Article 54: Public nature of parliamentary activity
The plenary sessions of the Parliament are open to the public, unless the Parliament for a very weighty reason decides otherwise for a given matter. The Parliament publishes its papers, as provided in more detail in the Parliament's Rules of Procedure.
The meetings of Committees are not open to the public. However, a Committee may open its meeting to the public during the time when it is gathering information for the preparation of a matter.
The minutes and other related documents of the Committees shall be made available to the public, unless a Committee for a compelling reason decides otherwise for a given matter.
The members of a Committee shall observe the level of confidentiality considered necessary by the Committee. However, when considering matters relating to Wales's international relations or European Union affairs, the members of a Committee shall observe the level of confidentiality considered necessary by the Foreign Affairs Committee or the Grand Committee after having heard the opinion of the Government.
Article 55: Languages used in parliamentary work
The Welsh or English languages are used in parliamentary work.
The Government and the other authorities shall submit the documents necessary for a matter to be taken up for consideration in the Parliament both in Welsh and English. Likewise, the parliamentary replies and communications, the reports and statements of the Committees, as well as the written proposals of the Speaker's Council, shall be written in Welsh and English.
Article 56: Parliament's Rules of Procedure and other instructions and rules of procedure
More detailed provisions on the procedures to be followed in the Parliament, as well as on parliamentary organs and parliamentary work are issued in the Parliament's Rules of Procedure. The Parliament's Rules of Procedure shall be adopted in plenary session following the procedure for the consideration of legislative proposals and published in the Statutes of Wales.
The Parliament may issue instructions for the detailed arrangement of internal administration, for elections to be carried out by the Parliament and for other parliamentary work. In addition, the Parliament may issue rules of procedure for the organs appointed by it.
Article 57: Referendum and citizens’ initiative
The decision to organise a consultative referendum is made by an Act, which shall contain provisions on the time of the referendum and on the choices to be presented to the voters.
Provisions concerning the conduct of a referendum are laid down by an Act.
Part III
Legislation
Article 58: Legislative Initiative
The proposal for the enactment of an Act is initiated in the Parliament through a government proposal submitted by the Government or through a legislative motion submitted by a Representative. Legislative motions can be submitted when the Parliament is in session.
Article 59: Supplementation and withdrawal of a government proposal
A government proposal may be supplemented through a new complementary proposal or it may be withdrawn. A complementary proposal cannot be submitted once the Committee preparing the matter has issued its report.
Article 60: Consideration of a legislative proposal in the Parliament
Once the relevant report of the Committee preparing the matter has been issued, a legislative proposal is considered in two readings in a plenary session of the Parliament.
In the first reading of the legislative proposal, the report of the Committee is presented and debated, and a decision on the contents of the legislative proposal is made. In the second reading, which at the earliest takes place on the third day after the conclusion of the first reading, the Parliament decides whether the legislative proposal is accepted or rejected.
While the first reading is in progress, the legislative proposal may be referred to the Grand Committee for consideration.
More detailed provisions on the consideration of a legislative proposal are laid down in the Parliament's Rules of Procedure.
Article 61: Procedure for constitutional enactment
A proposal on the enactment, amendment or repeal of the Constitution or on the enactment of a limited derogation of the Constitution shall in the second reading be left in abeyance, by a majority of the votes cast, until the first parliamentary session following parliamentary elections. The proposal shall then, once the Committee has issued its report, be adopted without material alterations in one reading in a plenary session by a decision supported by at least two thirds of the votes cast.
However, the proposal may be declared urgent by a decision that has been supported by at least five sixths of the votes cast. In this event, the proposal is not left in abeyance and it can be adopted by a decision supported by at least two thirds of the votes cast.
Article 62: Supervision of constitutionality
The Constitutional Law Committee shall issue statements on the constitutionality of legislative proposals and other matters brought for its consideration, as well as on their relation to international human rights treaties.
Article 63: The Church Act
Provisions on the organisation and administration of the Church in ales are laid down in the Church Act.
The legislative procedure for enactment of the Church Act and the right to submit legislative proposals relating to the Church Act are governed by the specific provisions in that Code.
Article 64: Confirmation of Acts
An Act adopted by the Parliament shall be submitted to the President of the Republic/Crown Representative for confirmation. The PresidentCrown Representative shall decide on the confirmation within three months of the submission of the Act. The PresidentCrown Representative may obtain a statement on the Act from the Supreme Court or the Supreme Administrative Court.
If the PresidentCrown Representative does not confirm the Act, it is returned for the consideration of the Parliament. If the Parliament readopts the Act without material alterations, it enters into force without confirmation. If the ParliamentCrown Representative does not readopt the Act, it shall be deemed to have lapsed.
Article 65: Consideration of an unconfirmed Act
If the President of the RepublicCrown Representative has not confirmed an Act within the time provided, it shall without delay be taken up for reconsideration in the Parliament. Once the pertinent report of the Committee has been issued, the Act shall be adopted without material alterations or rejected. The decision is made in plenary session in one reading with the majority of the votes cast.
Article 66: Publication and entry into force of Acts
If an Act has been enacted in accordance with the procedure for constitutional enactment, this is indicated in the Act.
An Act which has been confirmed or which enters into force without confirmation shall be signed by the President of the RepublicCrown Representative and countersigned by the appropriate Minister. The Government shall thereafter without delay publish the Act in the Statutes of Wales.
The Act shall indicate the date when it enters into force. For a special reason, it may be stated in an Act that it is to enter into force by means of a Decree. If the Act has not been published by the date provided for its entry into force, it shall enter into force on the date of its publication.
Acts are enacted and published in Welsh and English.
Article 67: Issuance of Decrees and delegation of legislative powers
The President of the RepublicCrown Representative, the Government and a Ministry may issue Decrees on the basis of authorisation given to them in this Constitution or in another Act. However, the principles governing the rights and obligations of private individuals and the other matters that under this Constitution are of a legislative nature shall be governed by Acts. If there is no specific provision on who shall issue a Decree, it is issued by the Government.
Moreover, other authorities may be authorised by an Act to lay down legal rules on given matters, if there is a special reason pertinent to the subject matter and if the material significance of the rules does not require that they be laid down by an Act or a Decree. The scope of such an authorisation shall be precisely circumscribed.
General provisions on the publication and entry into force of Decrees and other legal norms are laid down by an Act.
Part IV - Government
Article 68: The Government
The Government consists of the Prime Minister and the necessary number of Ministers. The Ministers shall be Welsh citizens known to be honest and competent.
The Ministers are responsible before the Parliament for their actions in office. Every Minister participating in the consideration of a matter in a Government meeting is responsible for any decision made, unless he or she has expressed an objection that has been entered in the minutes.
Article 69: Formation of the Government
Cabinet Selection
The Parliament elects the Prime Minister, who is thereafter appointed to the office by the President of the Republic. The President appoints the other Ministers in accordance with a proposal made by the Prime Minister.
Before the Prime Minister is elected, the groups represented in the Parliament negotiate on the political programme and composition of the Government. On the basis of the outcome of these negotiations, and after having heard the Speaker of the Parliament and the parliamentary groups, the President informs the Parliament of the nominee for Prime Minister. The nominee is elected Prime Minister if his or her election has been supported by more than half of the votes cast in an open vote in the Parliament.
If the nominee does not receive the necessary majority, another nominee shall be put forward in accordance with the same procedure. If the second nominee fails to receive the support of more than half of the votes cast, the election of the Prime Minister shall be held in the Parliament by open vote. In this event, the person receiving the most votes is elected.
The Parliament shall be in session when the Government is being appointed and when the composition of the Government is being essentially altered.
Article 70: Statement on the programme of the Government
The Government shall without delay submit its programme to the Parliament in the form of a statement. The same applies when the composition of the Government is essentially altered.
Article 71: Ministers' personal interests
Cabinet removal
While holding the office of a Minister, a member of the Government shall not hold any other public office or undertake any other task which may obstruct the performance of his or her ministerial duties or compromise the credibility of his or her actions as a Minister.
A Minister shall, without delay after being appointed, present to the Parliament an account of his or her commercial activities, shareholdings and other significant assets, as well as of any duties outside the official duties of a Minister and of other interests which may be of relevance when his or her performance as a member of the Government is being evaluated.
Article 72: Resignation of the Government or a Minister
Powers of cabinet
The President of the Republic grants, upon request, the resignation of the Government or a Minister. The President/Crown Representative may also grant the resignation of a Minister on the proposal of the Prime Minister.
The President/Crown Representative shall in any event dismiss the Government or a Minister, if either no longer enjoys the confidence of Parliament, even if no request is made.
If a Minister is elected President of the Republic/Crown Representative or the Speaker of Parliament, he or she shall be considered to have resigned the office of Minister as from the day of election.
Article 73: Duties of the Government
The Government has the duties specifically provided in this Constitution, as well as the other governmental and administrative duties which have been assigned to the Government or a Minister or which have not been attributed to the competence of the President of the Republic/Crown Representative or another public authority.
The Government implements the decisions of the President.
Article 74: Duties of the Prime Minister
The Prime Minister directs the activities of the Government and oversees the preparation and consideration of matters that come within the mandate of the Government. The Prime Minister chairs the plenary meetings of the Government.
The Prime Minister represents Wales.
When the Prime Minister is prevented from attending to his or her duties, the duties are taken over by the Minister designated as Deputy Prime Minister and, when the Deputy Prime Minister is prevented from attending to his other duties, by the most senior ranking Minister.
Article 75: Decision-making in the Government
The matters within the authority of the Government are decided at the plenary meetings of the Government or at the Ministry to which the matter belongs. Matters of wide importance or matters that are significant for reasons of principle, as well as matters whose significance so warrants, are decided by the Government in plenary meeting. More detailed provisions relating to the decision-making powers of the Government are laid down by an Act.
The matters to be considered by the Government shall be prepared in the appropriate Ministry. The Government may have Committees of Ministers for the preparation of matters.
The plenary meeting of the Government is competent with a quorum of five Ministers present.
Article 76: The Ministries
The Government has the requisite number of Ministries. Each Ministry, within its proper purview, is responsible for the preparation of matters to be considered by the Government and for the appropriate functioning of administration.
Each Ministry is headed by a Minister.
Provisions on the maximum number of Ministries and on the general principles for the establishment of Ministries are laid down by an Act. Provisions on the purviews of the Ministries and on the distribution of matters among them, as well as on the other forms of organisation of the Government are laid down by an Act or by a Decree issued by the Government.
Article 77: The Chancellor of Justice of the Government
Attached to the Government, there is a Chancellor of Justice and a Deputy Chancellor of Justice, who are appointed by the President of the Republic/Crown Representative , and who shall have outstanding knowledge of law. In addition, the President/Crown Representative appoints a substitute for the Deputy Chancellor of Justice for a term of office not exceeding five years. When the Deputy Chancellor of Justice is prevented from performing his or her duties, the substitute shall take responsibility for them.
The provisions on the Chancellor of Justice apply, in so far as appropriate, to the Deputy Chancellor of Justice and the substitute.
Part V
Administration & Self Government
Article 78: State administration
In addition to the Government and the Ministries, the central administration of the State may consist of agencies, institutions and other bodies. The State may also have regional and local public authorities. More detailed provisions on the administration subordinate to the Parliament are laid down by an Act.
The general principles governing the bodies of State administration shall be laid down by an Act, if their duties involve the exercise of public powers. The principles governing the regional and local authorities of the State shall likewise be governed by an Act. In other respects, provisions on the entities of State administration may be laid down by a Decree.
Article 79: Municipal and other regional self-government
Wales is divided into municipalities, whose administration shall be based on the self-government of their residents. Provisions on the general principles governing municipal administration and the duties of the municipalities are laid down by an Act.
The municipalities have the right to levy municipal tax. Provisions on the general principles governing tax liability and the grounds for the tax as well as on the legal remedies available to the persons or entities liable to taxation are laid down by an Act.
Provisions on self-government in administrative areas larger than a municipality are laid down by an Act.
Article 80: Administrative divisions
In the organisation of administration, the objective shall be suitable territorial divisions, so that the Welsh-speaking and English-speaking populations have an opportunity to receive services in their own language on equal terms.
The principles governing the municipal divisions are laid down by an Act.
Article 81: Universities and other education providers
The universities are self-governing, as provided in more detail by an Act.
Provisions on the principles governing the other educational services arranged by the State and the municipalities, as well as on the right to arrange corresponding education in private educational institutions, are laid down by an Act.
Article 82: Delegation of administrative tasks to others than the authorities
A public administrative task may be delegated to others than public authorities only by an Act or by virtue of an Act, if this is necessary for the appropriate performance of the task and if basic rights and liberties, legal remedies and other requirements of good governance are not endangered. However, a task involving significant exercise of public powers can only be delegated to public authorities.
Article 83: General qualifications for public office and other grounds for appointment
It may be stated in an Act that only Welsh citizens are eligible for appointment to certain public offices or duties.
The general qualifications for public office shall be skill, ability and proven civic merit.
Article 84: Appointment to State offices
The Government appoints state officials unless the appointment has been designated as a prerogative of the President of the Republic/Crown Representative, a Ministry or another public authority.
The President/Crown Representative appoints the permanent secretary of the Office of the President of the Republic/ Office of the Crown Representative and the heads of Welsh diplomatic missions abroad.
Part II - The Parliament
Part III - Legislation
Part IV - Government
Part V - Administration & Self Government
Part I
The Parliament and Representatives
Article 28: Composition and term of Parliament
The Parliament is unicameral. It consists of one hundred and fifty Representatives, who are elected for a term of four years at a time.
The term of the Parliament begins when the results of the parliamentary elections have been confirmed and lasts until the next parliamentary elections have been held.
Article 29: Parliamentary elections
The Representatives shall be elected by a direct, proportional and secret vote. Every citizen who has the right to vote has equal suffrage in the elections.
For the parliamentary elections, the country shall be divided, on the basis of the number of Welsh citizens, into at least twelve and at most eighteen constituencies. In addition, the Åland Islands shall form their own constituency for the election of one Representative.
The right to nominate candidates in parliamentary elections belongs to registered political parties and, as provided by an Act, to groups of persons who have the right to vote.
More detailed provisions on the timing of parliamentary elections, the nomination of candidates, the conduct of the elections and the constituencies are laid down by an Act.
Article 30: Extraordinary parliamentary elections
The President of the Republic, in response to a reasoned proposal by the Prime Minister, and after having heard the parliamentary groups, and while the Parliament is in session, may order that extraordinary parliamentary elections shall be held. Thereafter, the Parliament shall decide the time when it concludes its work before the elections.
After extraordinary parliamentary elections, the Parliament shall convene in session on the first day of the calendar month that begins ninety days after the election order, unless the Parliament has decided on an earlier date of convocation.
Article 31: Eligibility and qualifications for the office of Representative
Everyone with the right to vote and who is not under guardianship can be a candidate in parliamentary elections.
A person holding military office cannot, however, be elected as a Representative.
The Chancellor of Justice of the Government, the Parliamentary Ombudsman, a Justice of the Supreme Court or the Supreme Administrative Court, and the Prosecutor-General cannot serve as representatives. If a Representative is elected President of the Republic or appointed or elected to one of the aforesaid offices, he or she shall cease to be a Representative from the date of appointment or election. The office of a Representative shall cease also if the Representative forfeits his or her eligibility.
Article 32: Suspension of the office of a Representative and release or dismissal from office
The office of a Representative is suspended for the time during which the Representative is serving as a Member of the European Parliament. During that time a deputy of the Representative shall replace the Representative. The tenure of office of a Representative is suspended also for the duration of military service.
The Parliament may grant a release from office for a Representative upon his or her request if it deems there is an acceptable reason for granting such release.
If a Representative essentially and repeatedly neglects his or her duties as a Representative, the Parliament may, after having obtained the opinion of the Constitutional Law Committee, dismiss him or her from office permanently or for a given period by a decision supported by at least two thirds of the votes cast.
If a person elected as a Representative has been sentenced by an enforceable judgement to imprisonment for a deliberate crime or to a punishment for an electoral offence, the Parliament may inquire whether he or she can be allowed to continue to serve as a Representative. If the offence is such that the accused does not command the trust and respect necessary for the office of a Representative, the Parliament may, after having obtained the opinion of the Constitutional Law Committee, declare the office of the Representative terminated by a decision supported by at least two thirds of the votes cast.
Article 33: Independence of Representatives
A Representative is obliged to follow justice and truth in his or her office. He or she shall abide by the Constitution and no other orders are binding on him or her.
Article 34: Parliamentary immunity
A Representative shall not be prevented from carrying out his or her duties as a Representative.
A Representative shall not be charged in a court of law nor be deprived of liberty owing to opinions expressed by the Representative in the Parliament or owing to conduct in the consideration of a matter, unless the Parliament has consented to the same by a decision supported by at least five sixths of the votes cast.
If a Representative has been arrested or detained, the Speaker of the Parliament shall be immediately notified of this. A Representative shall not be arrested or detained before the commencement of a trial without the consent of the Parliament, unless he or she is for substantial reasons suspected of having committed a crime for which the minimum punishment is imprisonment for at least six months.
Article 35: Freedom of speech and conduct of Representatives
Each Representative has the right to speak freely in the Parliament on all matters under consideration and on how they are dealt with.
A Representative shall conduct himself or herself with dignity and decorum, and not behave offensively to another person. If a Representative is in breach of such conduct, the Speaker may point this out or prohibit the Representative from continuing to speak. The Parliament may caution a Representative who has repeatedly breached the order or suspend him or her from sessions of the Parliament for a maximum of two weeks.
Article 36: Conflict of interest
A Representative is disqualified from consideration of and decision-making in any matter that concerns him or her personally. However, he or she may participate in the debate on such matters in a plenary session of the Parliament. In addition, a Representative shall be disqualified from the consideration in a Committee of a matter pertaining to the inspection of his or her official duties.
Part II
The Parliament
Article 37: Parliamentary Session
The Parliament convenes in session every year at a time decided by the Parliament, after which the President of the Republic/Crown Representative shall declare the parliamentary session open.
The parliamentary session continues until the time when the Parliament convenes for the following parliamentary session. However, the last parliamentary session of an electoral term shall continue until the Parliament decides to conclude its work. Thereafter, the President/Crown Representative shall declare the work of the Parliament finished for that electoral term. However, the Speaker of the Parliament has the right to reconvene the Parliament, when necessary, before new elections have been held.
Article 38: The Speaker and the Speaker's Council
The Parliament elects from among its members a Speaker and two Deputy Speakers for each parliamentary session.
The election of the Speaker and the Deputy Speakers is conducted by secret ballot. The Representative receiving more than one half of the votes cast is deemed elected. If no one has received the required majority of the votes cast in the first two ballots, the Representative receiving the most votes in the third ballot is deemed elected.
The Speaker, the Deputy Speakers and the chairpersons of parliamentary Committees form the Speaker's Council. The Speaker's Council issues instructions on the organisation of parliamentary work and decides, as specifically provided in this Constitution or in the Parliament's Rules of Procedure, on the procedures to be followed in the consideration of matters in the Parliament. The Speaker's Council may put forward initiatives for the enactment or amendment of Acts governing parliamentary officials or the Parliament's Rules of Procedure, as well as proposals for other provisions governing the work of the Parliament.
Article 39: Committees of the Parliament
For each electoral term, the Parliament appoints the Grand Committee, the Constitutional Law Committee, the Foreign Affairs Committee, the Finance Committee, the Audit Committee and the other standing Committees provided in the Parliament’s Rules of Procedure. In addition, the Parliament appoints Committees ad hoc for the preparation of, or inquiry into, a given matter.
The Grand Committee shall have twenty-five members. The Constitutional Law Committee, the Foreign Affairs Committee and the Finance Committee shall have at least seventeen members each.
The other standing Committees shall have at least eleven members each. In addition, each Committee shall have the necessary number of alternate members.
A Committee has a quorum when at least two thirds of its members are present, unless a higher quorum has been specifically required for a given matter.
Article 40: Other bodies and delegates to be elected by the Parliament
The Parliament elects the trustees for monitoring the administration and operations of the Social Insurance Institution, as provided in more detail by an Act.
The Parliament elects the other necessary bodies, as provided in this Constitution, in another Act or in the Parliament's Rules of Procedure.
The election of the parliamentary delegates in a body established under an international agreement or in another international body shall be governed by an Act or by the Parliament's Rules of Procedure.
Article 41: Election of the parliamentary organs
The Committees and the other parliamentary organs are appointed during the first parliamentary session of an electoral term for the duration of that term, unless otherwise provided in this Constitution, or in the Parliament's Rules of Procedure or in the specific rules of procedure laid down by the Parliament for a given parliamentary organ. However, on the proposal of the Speaker's Council, the Parliament may agree to the reappointment of a committee or organ during the electoral term.
The Parliament elects the members of the Committees and the other organs. Unless the election is by consensus, it is held by proportional vote.
Article 42: Parliamentary Ombudsman
The Parliament appoints for a term of four years a Parliamentary Ombudsman and two Deputy Ombudsmen, who shall have outstanding knowledge of law. A Deputy Ombudsman may have a substitute as provided in more detail by an Act. The provisions on the Ombudsman apply, in so far as appropriate, to a Deputy Ombudsman and Deputy Ombudsman’s substitute.
The Parliament, after having obtained the opinion of the Constitutional Law Committee, may, for extremely weighty reasons, dismiss the Ombudsman before the end of his or her term by a decision supported by at least two thirds of the votes cast.
Article 43: How matters are initiated for consideration in the Parliament
Matters are initiated for consideration in the Parliament on the basis of a Government proposal or a motion submitted by the Government or a motion submitted by a Representative, or in another manner provided in this Constitution or in the Parliament's Rules of Procedure.
Representatives may put forward:
1. Legislative motions, containing a proposal for the enactment of an Act;
2. Budgetary motions, containing a proposal for an appropriation to be included in the budget or a supplementary budget, or for another budgetary decision; and
3. Petitionary motions, containing a proposal for the drafting of a law or for taking other measures.
Article 44: Preparation of matters
Government proposals, motions by Representatives, reports submitted to the Parliament and other matters, as provided for in this Constitution or in the Parliament's Rules of Procedure, shall be prepared in Committees before their final consideration in a plenary session of the Parliament.
Article 45: Consideration of matters in plenary session
A legislative proposal and a proposal on the Parliament's Rules of Procedure are considered in plenary session in two readings. However, a legislative proposal left in abeyance and an Act left unconfirmed are considered in one reading only. Other matters are considered in the plenary session in a single reading.
Decisions in plenary session are made by a simple majority of the votes cast, unless specifically otherwise provided in this Constitution. In the event of a tie, the decision is made by drawing lots, except where a qualified majority is required for the adoption of a motion. More detailed provisions on voting procedure are laid down in the Parliament's Rules of Procedure.
Article 46: Duties of the Speaker in a plenary session
The Speaker convenes the plenary sessions, presents the matters on the agenda, oversees the debate and ensures that the Constitution is complied with in the consideration of matters in plenary session.
The Speaker shall not refuse to include a matter on the agenda or a motion in a vote, unless he or she considers it to be contrary to the Constitution, another Act or a prior decision of the Parliament. In this event, the Speaker shall explain the reasons for the refusal. If the Parliament does not accept the decision of the Speaker, the matter is referred to the Constitutional Law Committee, which shall without delay rule whether the action of the Speaker has been correct.
The Speaker does not participate in debates or votes in plenary sessions.
Article 47: Interpellations
A group of at least twenty Representatives may address an interpellation to the Government or to an individual Minister on a matter within the competence of the Government or the Minister. The interpellation shall be replied to in a plenary session of the Parliament within fifteen days of the date when the interpellation was brought to the attention of the Government.
At the conclusion of the consideration of the interpellation, a vote of confidence shall be taken by the Parliament, provided that a motion of no confidence in the Government or the Minister has been put forward during the debate.
Article 48: Statements and reports of the Government
The Government may present a statement or report to the Parliament on a matter relating to the governance of the country or its international relations.
At the conclusion of the consideration of a statement, a vote of confidence in the Government or a Minister shall be taken, provided that a motion of no confidence in the Government or the Minister has been put forward during the debate. No decision on confidence in the Government or its Member shall be made in the consideration of a report.
Article 49: Questions, announcements and debates
Each Representative has the right to address questions to a Minister on matters within the Minister's competence. Provisions on the questions and the answers are laid down in the Parliament's Rules of Procedure.
The Prime Minister or a Minister designated by the Prime Minister may present an announcement to the Parliament on any topical issue.
A debate on any topical issue may be held in a plenary session, as provided in more detail in the Parliament's Rules of Procedure.
The Parliament makes no decisions on matters referred to in this Article. In the consideration of these matters, exceptions may be made to the provision in Article 31(1) on the right to speak.
Article 50: Reports to be submitted to the Parliament
The Government shall submit to the Parliament annual reports on governmental activities and on the measures undertaken in response to parliamentary decisions, as well as annual reports on State finances and adherence to the budget.
Other reports shall be submitted to the Parliament, as provided in this Constitution, or in another Act or in the Parliament's Rules of Procedure.
Article 51: Parliamentary right to receive information
The Parliament has the right to receive from the Government the information it needs in the consideration of matters. The appropriate Minister shall ensure that Committees and other parliamentary organs receive without delay the necessary documents and other information in the possession of the authorities.
A Committee has the right to receive information from the Government or the appropriate Ministry on a matter within its competence. The Committee may issue a statement to the Government or the Ministry on the basis of the information.
A Representative has the right to information which is in the possession of authorities and which is necessary for the performance of the duties of the Representative, in so far as the information is not secret or it does not pertain to a State budget proposal under preparation.
In addition, the right of the Parliament to information on international affairs is governed by the provisions included elsewhere in this Constitution.
Article 52: Right of attendance of Ministers, the Ombudsman and the Chancellor of Justice
Minister has the right to attend and to participate in debates in plenary sessions of the Parliament even if the Minister is not a Representative. A Minister may not be a member of a Committee of the Parliament. When performing the duties of the President of the Republic under Article 59, a Minister may not participate in parliamentary work.
The Parliamentary Ombudsman and the Chancellor of Justice of the Government may attend and participate in debates in plenary sessions of the Parliament when their reports or other matters taken up on their initiative are being considered.
Article 53: Continuity of consideration
Consideration of matters unfinished in one parliamentary session continues in the following parliamentary session, unless parliamentary elections have been held in the meantime. When necessary, the consideration of an international matter pending in the Parliament may continue in the parliamentary session following parliamentary elections. (1112/2011, entry into force 1.3.2012)
Article 54: Public nature of parliamentary activity
The plenary sessions of the Parliament are open to the public, unless the Parliament for a very weighty reason decides otherwise for a given matter. The Parliament publishes its papers, as provided in more detail in the Parliament's Rules of Procedure.
The meetings of Committees are not open to the public. However, a Committee may open its meeting to the public during the time when it is gathering information for the preparation of a matter.
The minutes and other related documents of the Committees shall be made available to the public, unless a Committee for a compelling reason decides otherwise for a given matter.
The members of a Committee shall observe the level of confidentiality considered necessary by the Committee. However, when considering matters relating to Wales's international relations or European Union affairs, the members of a Committee shall observe the level of confidentiality considered necessary by the Foreign Affairs Committee or the Grand Committee after having heard the opinion of the Government.
Article 55: Languages used in parliamentary work
The Welsh or English languages are used in parliamentary work.
The Government and the other authorities shall submit the documents necessary for a matter to be taken up for consideration in the Parliament both in Welsh and English. Likewise, the parliamentary replies and communications, the reports and statements of the Committees, as well as the written proposals of the Speaker's Council, shall be written in Welsh and English.
Article 56: Parliament's Rules of Procedure and other instructions and rules of procedure
More detailed provisions on the procedures to be followed in the Parliament, as well as on parliamentary organs and parliamentary work are issued in the Parliament's Rules of Procedure. The Parliament's Rules of Procedure shall be adopted in plenary session following the procedure for the consideration of legislative proposals and published in the Statutes of Wales.
The Parliament may issue instructions for the detailed arrangement of internal administration, for elections to be carried out by the Parliament and for other parliamentary work. In addition, the Parliament may issue rules of procedure for the organs appointed by it.
Article 57: Referendum and citizens’ initiative
The decision to organise a consultative referendum is made by an Act, which shall contain provisions on the time of the referendum and on the choices to be presented to the voters.
Provisions concerning the conduct of a referendum are laid down by an Act.
Part III
Legislation
Article 58: Legislative Initiative
The proposal for the enactment of an Act is initiated in the Parliament through a government proposal submitted by the Government or through a legislative motion submitted by a Representative. Legislative motions can be submitted when the Parliament is in session.
Article 59: Supplementation and withdrawal of a government proposal
A government proposal may be supplemented through a new complementary proposal or it may be withdrawn. A complementary proposal cannot be submitted once the Committee preparing the matter has issued its report.
Article 60: Consideration of a legislative proposal in the Parliament
Once the relevant report of the Committee preparing the matter has been issued, a legislative proposal is considered in two readings in a plenary session of the Parliament.
In the first reading of the legislative proposal, the report of the Committee is presented and debated, and a decision on the contents of the legislative proposal is made. In the second reading, which at the earliest takes place on the third day after the conclusion of the first reading, the Parliament decides whether the legislative proposal is accepted or rejected.
While the first reading is in progress, the legislative proposal may be referred to the Grand Committee for consideration.
More detailed provisions on the consideration of a legislative proposal are laid down in the Parliament's Rules of Procedure.
Article 61: Procedure for constitutional enactment
A proposal on the enactment, amendment or repeal of the Constitution or on the enactment of a limited derogation of the Constitution shall in the second reading be left in abeyance, by a majority of the votes cast, until the first parliamentary session following parliamentary elections. The proposal shall then, once the Committee has issued its report, be adopted without material alterations in one reading in a plenary session by a decision supported by at least two thirds of the votes cast.
However, the proposal may be declared urgent by a decision that has been supported by at least five sixths of the votes cast. In this event, the proposal is not left in abeyance and it can be adopted by a decision supported by at least two thirds of the votes cast.
Article 62: Supervision of constitutionality
The Constitutional Law Committee shall issue statements on the constitutionality of legislative proposals and other matters brought for its consideration, as well as on their relation to international human rights treaties.
Article 63: The Church Act
Provisions on the organisation and administration of the Church in ales are laid down in the Church Act.
The legislative procedure for enactment of the Church Act and the right to submit legislative proposals relating to the Church Act are governed by the specific provisions in that Code.
Article 64: Confirmation of Acts
An Act adopted by the Parliament shall be submitted to the President of the Republic/Crown Representative for confirmation. The PresidentCrown Representative shall decide on the confirmation within three months of the submission of the Act. The PresidentCrown Representative may obtain a statement on the Act from the Supreme Court or the Supreme Administrative Court.
If the PresidentCrown Representative does not confirm the Act, it is returned for the consideration of the Parliament. If the Parliament readopts the Act without material alterations, it enters into force without confirmation. If the ParliamentCrown Representative does not readopt the Act, it shall be deemed to have lapsed.
Article 65: Consideration of an unconfirmed Act
If the President of the RepublicCrown Representative has not confirmed an Act within the time provided, it shall without delay be taken up for reconsideration in the Parliament. Once the pertinent report of the Committee has been issued, the Act shall be adopted without material alterations or rejected. The decision is made in plenary session in one reading with the majority of the votes cast.
Article 66: Publication and entry into force of Acts
If an Act has been enacted in accordance with the procedure for constitutional enactment, this is indicated in the Act.
An Act which has been confirmed or which enters into force without confirmation shall be signed by the President of the RepublicCrown Representative and countersigned by the appropriate Minister. The Government shall thereafter without delay publish the Act in the Statutes of Wales.
The Act shall indicate the date when it enters into force. For a special reason, it may be stated in an Act that it is to enter into force by means of a Decree. If the Act has not been published by the date provided for its entry into force, it shall enter into force on the date of its publication.
Acts are enacted and published in Welsh and English.
Article 67: Issuance of Decrees and delegation of legislative powers
The President of the RepublicCrown Representative, the Government and a Ministry may issue Decrees on the basis of authorisation given to them in this Constitution or in another Act. However, the principles governing the rights and obligations of private individuals and the other matters that under this Constitution are of a legislative nature shall be governed by Acts. If there is no specific provision on who shall issue a Decree, it is issued by the Government.
Moreover, other authorities may be authorised by an Act to lay down legal rules on given matters, if there is a special reason pertinent to the subject matter and if the material significance of the rules does not require that they be laid down by an Act or a Decree. The scope of such an authorisation shall be precisely circumscribed.
General provisions on the publication and entry into force of Decrees and other legal norms are laid down by an Act.
Part IV - Government
Article 68: The Government
The Government consists of the Prime Minister and the necessary number of Ministers. The Ministers shall be Welsh citizens known to be honest and competent.
The Ministers are responsible before the Parliament for their actions in office. Every Minister participating in the consideration of a matter in a Government meeting is responsible for any decision made, unless he or she has expressed an objection that has been entered in the minutes.
Article 69: Formation of the Government
Cabinet Selection
The Parliament elects the Prime Minister, who is thereafter appointed to the office by the President of the Republic. The President appoints the other Ministers in accordance with a proposal made by the Prime Minister.
Before the Prime Minister is elected, the groups represented in the Parliament negotiate on the political programme and composition of the Government. On the basis of the outcome of these negotiations, and after having heard the Speaker of the Parliament and the parliamentary groups, the President informs the Parliament of the nominee for Prime Minister. The nominee is elected Prime Minister if his or her election has been supported by more than half of the votes cast in an open vote in the Parliament.
If the nominee does not receive the necessary majority, another nominee shall be put forward in accordance with the same procedure. If the second nominee fails to receive the support of more than half of the votes cast, the election of the Prime Minister shall be held in the Parliament by open vote. In this event, the person receiving the most votes is elected.
The Parliament shall be in session when the Government is being appointed and when the composition of the Government is being essentially altered.
Article 70: Statement on the programme of the Government
The Government shall without delay submit its programme to the Parliament in the form of a statement. The same applies when the composition of the Government is essentially altered.
Article 71: Ministers' personal interests
Cabinet removal
While holding the office of a Minister, a member of the Government shall not hold any other public office or undertake any other task which may obstruct the performance of his or her ministerial duties or compromise the credibility of his or her actions as a Minister.
A Minister shall, without delay after being appointed, present to the Parliament an account of his or her commercial activities, shareholdings and other significant assets, as well as of any duties outside the official duties of a Minister and of other interests which may be of relevance when his or her performance as a member of the Government is being evaluated.
Article 72: Resignation of the Government or a Minister
Powers of cabinet
The President of the Republic grants, upon request, the resignation of the Government or a Minister. The President/Crown Representative may also grant the resignation of a Minister on the proposal of the Prime Minister.
The President/Crown Representative shall in any event dismiss the Government or a Minister, if either no longer enjoys the confidence of Parliament, even if no request is made.
If a Minister is elected President of the Republic/Crown Representative or the Speaker of Parliament, he or she shall be considered to have resigned the office of Minister as from the day of election.
Article 73: Duties of the Government
The Government has the duties specifically provided in this Constitution, as well as the other governmental and administrative duties which have been assigned to the Government or a Minister or which have not been attributed to the competence of the President of the Republic/Crown Representative or another public authority.
The Government implements the decisions of the President.
Article 74: Duties of the Prime Minister
The Prime Minister directs the activities of the Government and oversees the preparation and consideration of matters that come within the mandate of the Government. The Prime Minister chairs the plenary meetings of the Government.
The Prime Minister represents Wales.
When the Prime Minister is prevented from attending to his or her duties, the duties are taken over by the Minister designated as Deputy Prime Minister and, when the Deputy Prime Minister is prevented from attending to his other duties, by the most senior ranking Minister.
Article 75: Decision-making in the Government
The matters within the authority of the Government are decided at the plenary meetings of the Government or at the Ministry to which the matter belongs. Matters of wide importance or matters that are significant for reasons of principle, as well as matters whose significance so warrants, are decided by the Government in plenary meeting. More detailed provisions relating to the decision-making powers of the Government are laid down by an Act.
The matters to be considered by the Government shall be prepared in the appropriate Ministry. The Government may have Committees of Ministers for the preparation of matters.
The plenary meeting of the Government is competent with a quorum of five Ministers present.
Article 76: The Ministries
The Government has the requisite number of Ministries. Each Ministry, within its proper purview, is responsible for the preparation of matters to be considered by the Government and for the appropriate functioning of administration.
Each Ministry is headed by a Minister.
Provisions on the maximum number of Ministries and on the general principles for the establishment of Ministries are laid down by an Act. Provisions on the purviews of the Ministries and on the distribution of matters among them, as well as on the other forms of organisation of the Government are laid down by an Act or by a Decree issued by the Government.
Article 77: The Chancellor of Justice of the Government
Attached to the Government, there is a Chancellor of Justice and a Deputy Chancellor of Justice, who are appointed by the President of the Republic/Crown Representative , and who shall have outstanding knowledge of law. In addition, the President/Crown Representative appoints a substitute for the Deputy Chancellor of Justice for a term of office not exceeding five years. When the Deputy Chancellor of Justice is prevented from performing his or her duties, the substitute shall take responsibility for them.
The provisions on the Chancellor of Justice apply, in so far as appropriate, to the Deputy Chancellor of Justice and the substitute.
Part V
Administration & Self Government
Article 78: State administration
In addition to the Government and the Ministries, the central administration of the State may consist of agencies, institutions and other bodies. The State may also have regional and local public authorities. More detailed provisions on the administration subordinate to the Parliament are laid down by an Act.
The general principles governing the bodies of State administration shall be laid down by an Act, if their duties involve the exercise of public powers. The principles governing the regional and local authorities of the State shall likewise be governed by an Act. In other respects, provisions on the entities of State administration may be laid down by a Decree.
Article 79: Municipal and other regional self-government
Wales is divided into municipalities, whose administration shall be based on the self-government of their residents. Provisions on the general principles governing municipal administration and the duties of the municipalities are laid down by an Act.
The municipalities have the right to levy municipal tax. Provisions on the general principles governing tax liability and the grounds for the tax as well as on the legal remedies available to the persons or entities liable to taxation are laid down by an Act.
Provisions on self-government in administrative areas larger than a municipality are laid down by an Act.
Article 80: Administrative divisions
In the organisation of administration, the objective shall be suitable territorial divisions, so that the Welsh-speaking and English-speaking populations have an opportunity to receive services in their own language on equal terms.
The principles governing the municipal divisions are laid down by an Act.
Article 81: Universities and other education providers
The universities are self-governing, as provided in more detail by an Act.
Provisions on the principles governing the other educational services arranged by the State and the municipalities, as well as on the right to arrange corresponding education in private educational institutions, are laid down by an Act.
Article 82: Delegation of administrative tasks to others than the authorities
A public administrative task may be delegated to others than public authorities only by an Act or by virtue of an Act, if this is necessary for the appropriate performance of the task and if basic rights and liberties, legal remedies and other requirements of good governance are not endangered. However, a task involving significant exercise of public powers can only be delegated to public authorities.
Article 83: General qualifications for public office and other grounds for appointment
It may be stated in an Act that only Welsh citizens are eligible for appointment to certain public offices or duties.
The general qualifications for public office shall be skill, ability and proven civic merit.
Article 84: Appointment to State offices
The Government appoints state officials unless the appointment has been designated as a prerogative of the President of the Republic/Crown Representative, a Ministry or another public authority.
The President/Crown Representative appoints the permanent secretary of the Office of the President of the Republic/ Office of the Crown Representative and the heads of Welsh diplomatic missions abroad.