| Parliament name (generic / translated) |
Consell general / General Council |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
· Free representation (Art. 53 (1) of the Constitution of 28.04.1993) |
| Start of the mandate |
· When the results are declared by the Government (see also Art. 62 of the Law on the Electoral System and Referenda). The full range of rights and duties is acquired when the mandates are validated and the MPs take the oath (Art. 3 of the Standing Orders of the General Council). Details. |
| Validation of mandates |
· Validation by the Government
· Procedure
|
| End of the mandate |
· On the day when the legal term of the House ends - or on the day of early dissolution except for members of the Standing Committee who keep their mandate until the newly elected Parliament has been constituted (Art. 51 (1) and Art. 56 (3) of the Constitution, Art. 56 (1) of the Law on the Electoral System and Referenda and Art. 37 (1) of the Standing Orders of the General Council). |
| Can MPs resign? |
Yes |
· Yes, of their own free will
· Procedure : resignations are addressed in writing to the President and confirmed in person before the Board.
· Authority competent to accept the resignation: the Board. |
| Can MPs lose their mandate ? |
Yes |
(a) Definitive exclusion from Parliament by the latter:
- Incompatibility (Art. 16 (1), Art. 17 (1) and Art. 63 of the Law on the Electoral System and Referenda, Art. 37 (2) of the Standing Orders of the General Council)
(b) Loss of mandate by judicial decision:
- Annulment of the MP's election
- Disqualification pronounced by the courts for a period longer than the term of office
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The President
2. The Vice-President
3. The Leaders of parliamentary groups
4. The Secretaries of the Board
5. The deputy leaders of parliamentary groups
6. The other MPs, by alphabetical order
· Outside Parliament: the official order of precedence corresponds to the internal order of protocol.
|
| Indemnities, facilities and services |
· Diplomatic passport
· Basic salary: FF 10,000 per month (approx. for a half-time occupation)
· Total exemption from tax
· Pension scheme: ordinary social security system
· Other facilities:
(a) Postal and telephone services
(b) Travel and transport
|
| Obligation to declare personal assets |
No |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 53 (2) of the Constitution).
· No derogations are foreseen.
· Non-accountability takes effect on the day when the mandate begins. |
| Parliamentary immunity - parliamentary inviolability |
· The concept exists (Art. 53 (3) of the Constitution).
· It applies only to criminal proceedings, covers all offences and protects MPs only from arrest and from being held in preventive custody. However, there is a special procedure for the arraignment and charging of Councillors by the Tribunal de Corts (penal court) (decision on the opening of proceedings taken in plenary sitting), and the judgement (pronounced by the Higher Court).
· Derogations: parliamentary inviolability does not apply in cases of flagrante delicto.
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided from the start to the end of the mandate. It covers judicial proceedings instituted against MPs before their election insofar as such proceedings are carried out by means of the above-mentioned special procedure.
· Parliamentary immunity (inviolability) can be lifted (Art. 53 (3) of the Constitution):
- Competent authority: the Penal Court sitting in plenary
- Procedure (Art. 53 (3) of the Constitution): the Court decides on the opening of the procedure for arrest in plenary sitting. In this case, MPs can be heard (ordinary defence system). They do have means of appeal (ordinary appeal system).
· Parliament cannot subject the prosecution and/or detention to certain conditions).
· Parliament cannot suspend the prosecution and/or detention of one of its members.
· As to whether, in the event of preventive custody or imprisonment, the MPs concerned can be authorised to attend sittings of Parliament, there are neither specific provisions nor jurisprudence in this respect.
|
| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by the parties.
· There is no handbook of parliamentary procedure.
|
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings.
· Penalties foreseen in case of failure to fulfil this obligation: loss of allowances |
| Discipline |
· The rules governing discipline within Parliament are contained in Art. 86 to 87 of the Standing Orders of the General Council.
· Disciplinary measures foreseen:
- Call to order (see Art. 86 (1) of the Standing Orders of the General Council)
- Order to leave the sitting (Art. 86 (2) of the Standing Orders of the General Council)
- Temporary suspension of parliament (Art. 86 (2 and 3) of the Standing Orders of the General Council)
- Suspension of the sitting (Art. 87 of the Standing Orders of the General Council)
· Specific cases:
- As far as offences or insults are concerned, there are no specific provisions.
· Competent body to judge such cases/to impose penalties:
- Call to order/Order to leave the sitting/suspension of the sitting: the President
- Temporary suspension of Parliament: the Board for a maximum of one month, the General Council, at the Board's request, for more than one month/the General Council at the Board's initiative
· Procedure:
- Call to order/order to leave the sitting/temporary suspension of Parliament (Art. 86 of the Standing Orders of the General Council)
- Suspension of the sitting (Art. 87 of the Standing Orders of the General Council)
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 16 (1), Art. 17 (1) and Art. 63 of the Law on the Electoral System and Referenda, Art. 37 (2) of the Standing Orders of the General Council).
· Penalties foreseen for violation of these rules:
- Definitive exclusion from Parliament by that body (see Loss of mandate)
· Competent body to judge such cases/to impose penalties:
- The Standing Committee (Art. 37 (2) of the Standing Orders of the General Council)
· Procedure (Art. 37 (2 and 6) of the Standing Orders of the General Council). |
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
