| Parliament name (generic / translated) |
Congreso de la nación / National Congress |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Senado / Senate |
| Related chamber (for bicameral parliaments) |
Cámara de Diputados / Chamber of Deputies
|
| NATURE |
| Nature of the mandate |
· Free representation |
| Start of the mandate |
· When the senators take the oath (Art. 67 of the Constitution of 22.08.1994). Procedure (Art. 67 of the Constitution of 22.08.1994, Rules 5 and 6 of the Rules of Procedure of the Senate). |
| Validation of mandates |
· Validation by the Senate (Art. 64 of the Constitution)
· Procedure (Art. 64 of the Constitution, Rules 2 to 4 of the Rules of Procedure of the Senate) |
| End of the mandate |
· On the day when the legal term of the House ends (Art. 56 of the Constitution) |
| Can MPs resign? |
Yes |
· Yes, of their own free will (see also Art. 62 of the Constitution)
· Procedure (Art. 66 of the Constitution)
· Authority competent to accept the resignation: the Senate |
| 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 senators |
| Indemnities, facilities and services |
· No diplomatic passport
· Basic salary (see Art. 74 of the Constitution, see also Rule 7 (2) of the Rules of Procedure of the Senate)
+ Additional allowance
· Exemption from tax
· Pension scheme
· Other facilities:
(a) Secretariat
(b) Assistants (see also Rule 216 of the Rules of Procedure of the Senate)
(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 senators in the exercise of their functions both within and outside Parliament.
· Derogations: offence or insult (Rule 194, 197, and 200 to 203 of the Rules of Procedure of the Senate; 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 senators from arrest and from being held in preventive custody, and from the execution of a judgement providing for the detention of a senator. It does not protect them from the opening of judicial proceedings against them and from their homes being searched (Decision of the Supreme Court of Justice of the Nation (case of the senator Nicasio Oroño, Fallos, Vol. 14, p. 223). However, a senator 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, senators can be arrested. A summary report of the facts shall be made to the Senate (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 senators before their election.
· Parliamentary immunity (inviolability) can be lifted :
- Competent authority: the Senate
|
| EXERCISE OF THE MANDATE |
| Training |
|
| Participation in the work of the Parliament |
· It is not compulsory for MPs to be present at plenary sittings, committee meetings or other meetings. But see Rule 192 of the Rules of Procedure of the Senate. For leave of absence, see Rules 26 and 27 of the Rules of Procedure of the Senate.
· Penalties foreseen in case of absence (Art. 64 of the Constitution):
- Loss of salary (Rule 27 (1) of the Rules of Procedure of the Senate)
- Fines, use of force (Rule 29 of the Rules of Procedure of the Senate)
- Other measures (Rule 30 of the Rules of Procedure of the Senate)
Body competent to judge such case :
- Fines, use of force, other measures: the Senate
|
| Discipline |
· The rules governing discipline within Parliament are contained in Art. 66 of the Constitution, and Rules 33, No. 3, 194, 197, 198, and 200 to 203 of the Rules of Procedure of the Senate.
· Disciplinary measures foreseen:
- Interruption (Rule 197 of the Rules of Procedure of the Senate)
- Warning for irrelevance (Rules 197 and 198 of the Rules of Procedure of the Senate)
- Call to order (Rules 197, 200, and 201 of the Rules of Procedure of the Senate)
- Prohibition to speak for the rest of the sitting (Rule 202 of the Rules of Procedure of the Senate)
- Other measures (Art. 66 of the Constitution, Rule 203 of the Rules of Procedure of the Senate)
· Specific cases:
- Offence or insult (Rule 194, 197, and 200 to 203 of the Rules of Procedure of the Senate): 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 33, No. 3 of the Rules of Procedure of the Senate):
- Interruption, offence or insult: the President
- Warning for irrelevance, call to order, offence or insult: the President, the Senate
- Prohibition to speak for the rest of the sitting, other measures, offence or insult: the Senate
· Procedure:
- Interruption, warning for irrelevance, call to order, offence or insult (Rule 197, 198, and 200 to 201 of the Rules of Procedure of the Senate)
- Prohibition to speak for the rest of the sitting, offence of insult (Rule 202 of the Rules of Procedure of the Senate)
- Other measures, offence or insult (Art. 66 of the Constitution, Rule 203 of the Rules of Procedure of the Senate)
|
| 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 Senate
|
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
