| Parliament name (generic / translated) |
Congreso de la nación / National Congress |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Cámara de Diputados / Chamber of Deputies |
| Related chamber (for bicameral parliaments) |
Senado / Senate
|
| NATURE |
| Nature of the mandate |
. Free representation |
| Start of the mandate |
· When the MPs take the oath (Art. 67 of the Constitution of 22.08.1994).
. Procedure (Art. 67 of the Constitution of 22.08.1994, Rules 2 (3), 10, and 11 of the Rules of Procedure of the Chamber of Deputies). |
| Validation of mandates |
· Validation by the Chamber of Deputies (Art. 64 of the Constitution)
· Procedure (Art. 64 of the Constitution, Rules 2 (2) and (5), and 3 to 9 of the Rules of Procedure of the Chamber of Deputies) |
| End of the mandate |
· On the day when the legal term of the House ends (Art. 50 of the Constitution) |
| Can MPs resign? |
Yes |
· Yes, of their own free will
· Procedure (Art. 66 of the Constitution)
· Authority competent to accept the resignation: the Chamber of Deputies |
| Can MPs lose their mandate ? |
Yes |
Definitive exclusion from Parliament by the latter (Art. 66 of the Constitution):
- Physical or moral disability
- Expulsion |
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The President
2. The members of the Board
3. The other Members |
| Indemnities, facilities and services |
· No diplomatic passport
· Basic salary (see Art. 74 of the Constitution, see also Rule 27 of the Rules of Procedure of the Chamber of Deputies)
+ Additional allowance
· Exemption from tax
· Pension scheme
. Other facilities:
(a) Secretariat
(b) Assistants (see also Rules 190 to 194 of the Rules of Procedure
(c) Official housing
(d) Official car
(e) Security guards
(f) Postal and telephone services
(g) Travel and transport |
| Obligation to declare personal assets |
No |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 68 of the Constitution).
· Parliamentary non-accountability applies to words spoken and written by MPs in the exercise of their functions both within and outside Parliament.
· Derogations: offence or insult (Art. 66 of the Constitution, Rule 165, 167, and 170 to 173 of the Rules of Procedure of the Chamber of Deputies; see Discipline)
· Non-accountability takes effect on the day when the mandate begins. |
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Art. 69 of the Constitution).
· It applies to criminal and civil proceedings, covers all offences and protects MPs from arrest and from being held in preventive custody, and from the execution of a judgement providing for the detention of an MP. It does not protect them from the opening of judicial proceedings against them and from their homes being searched (Decision of the Commission on Constitutional Affairs of the Chamber of Deputies; Decision of the Supreme Court of Justice of the Nation (case of the senator Nicasio Oroño, Fallos, Vol. 14, p. 223). However, a deputy can be suspended from Parliament in case of a written charge presented before the ordinary courts (Art. 70 of the Constitution).
· Derogations: in cases of flagrante delicto, when caught in the commission of a capital or other infamous or grave crime, MPs can be arrested. A summary report of the facts shall be made to the Chamber of Deputies (Art. 69 of the Constitution).
· 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. Since it does not cover judicial proceedings in general, it does not cover judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted:
- Competent authority: the Chamber of Deputies
|
| EXERCISE OF THE MANDATE |
| Training |
|
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings, committee meetings, and other meetings (Rules 15 and 163 of the Rules of Procedure of the Chamber of Deputies). For leave of absence, see Rules 16 to 18, and 22 (1) of the Rules of Procedure of the Chamber of Deputies.
· Penalties foreseen in case of failure to fulfil this obligation (Art. 64 of the Constitution):
- Denial of further leave of absence (Rule 17 (2) of the Rules of Procedure of the Chamber of Deputies)
- Loss of salary (Rules 18 (1), 19, 22 (2), 23, and 25 (2) of the Rules of Procedure of the Chamber of Deputies)
- Other measures (Rule 24 of the Rules of Procedure of the Chamber of Deputies)
· Body competent to judge such cases/to impose penalties:
- Denial of further leave of absence, other measures: the Chamber of Deputies
|
| Discipline |
· The rules governing discipline within Parliament are contained in Art. 66 of the Constitution, Rules 39, No. 4, and 165, and 167 to 173 of the Rules of Procedure of the Chamber of Deputies.
· Disciplinary measures foreseen:
- Interruption (Rule 167 of the Rules of Procedure of the Chamber of Deputies)
- Warning for irrelevance (Rules 168 and 169 of the Rules of Procedure of the Chamber of Deputies)
- Call to order (Rules 170 and 171 of the Rules of Procedure of the Chamber of Deputies)
- Prohibition to speak for the rest of the sitting (Rule 172 of the Rules of Procedure of the Chamber of Deputies)
- Other measures (Art. 66 of the Constitution, Rule 173 of the Rules of Procedure of the Chamber of Deputies)
· Specific cases:
- Offence or insult (Art. 66 of the Constitution, Rule 165, 167, and 170 to 173 of the Rules of Procedure of the Chamber of Deputies): interruption, call to order, prohibition to speak for the rest of the sitting, other measures
· Competent body to judge such cases/to impose penalties (Rule 39, No. 4 of the Rules of Procedure of the Chamber of Deputies):
- Interruption, call to order, offence or insult: the President
- Warning for irrelevance: the President, the Chamber of Deputies
- Prohibition to speak for the rest of the sitting, other measures, offence or insult: the Chamber of Deputies
· Procedure:
- Interruption, offence of insult (Rule 167 of the Rules of Procedure of the Chamber of Deputies)
- Warning for irrelevance (Rules 168 and 169 of the Rules of Procedure of the Chamber of Deputies)
- Call to order, offence or insult (Rules 170 and 171 of the Rules of Procedure of the Chamber of Deputies)
- Prohibition to speak for the rest of the sitting, offence or insult (Rule 172 of the Rules of Procedure of the Chamber of Deputies)
- Other measures, offence or insult (Art. 66 of the Constitution, Rule 173 of the Rules of Procedure of the Chamber of Deputies) |
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there is one relevant provision (Art. 66 of the Constitution). See also Parliamentary inviolability - suspension of an MP.
. Competent body to judge such cases/to impose penalties: the Chamber of Deputies
|
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
