| Parliament name (generic / translated) |
Parlement fédéral - Federaal Parlement - Föderales Parlament / Federal Parliament |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Chambre des Représentants / House of Representatives |
| Related chamber (for bicameral parliaments) |
Sénat - Senaat - Senat / Senate
|
| NATURE |
| Nature of the mandate |
· Free representation (Art. 42 of the Constitution, co-ordinated text of 17.02.1994, with amendments up until 20.05.1997) |
| Start of the mandate |
· From the day of the election, under the resolutory condition of non-validation of powers or failure to take the oath |
| Validation of mandates |
· Validation by the House of Representatives (Art. 48 of the Constitution)
· Procedure (Art. 2 of the Standing Orders of the House)
|
| End of the mandate |
(a) Ordinary renewal (after the four-year term of the House has ended; see Art. 239 of the Electoral Code): on the day of new elections (Art. 105 of the Electoral Code)
(b) Early dissolution: on the day of dissolution of the House. |
| Can MPs resign? |
Yes |
· Yes, of their own free will
· Procedure (Art. 234 of the Electoral Code): notice of resignation is provided by a letter addressed to the President of the House of Representatives or, when Parliament is in recess, the Minister of the Interior.
· Authority competent to accept the resignation: the agreement of the House of Representatives is not required
|
| Can MPs lose their mandate ? |
Yes |
(a) Loss of mandate by judicial decision: a deputy who, following a judicial decision, forfeits his civil and political rights, no longer fulfils the conditions for eligibility and must be considered as having automatically resigned.
(b) Loss of mandate for incompatibility:
- Temporary loss due to the MP's being appointed Minister by the King (Art. 50 of the Constitution)
- Definitive loss due to the MP's being appointed by the Government to any other salaried post than that of minister (Art. 51 of the Constitution)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The Board, including the leaders of political groups, ranked according to responsibilities exercised within the Board or, by de-fault, by order of parliamentary seniority
2. Deputies who are former Ministers, ranked according to parliamentary seniority
3. The other deputies, ranked according to parliamentary seniority
· Outside Parliament: the official order of precedence ranks the President of the House of Representatives in the fourth position (within this rank, the precedence between the President of the House and the President of the Senate falls to the oldest). The members of the boards and the questors occupy the 102nd position, MPs who are former Presidents of legislative Chambers and former Ministers occupy the 103rd position, other MPs occupy the 104th rank (with precedence for senators within this rank).
|
| Indemnities, facilities and services |
· Diplomatic passport for the President, the first Vice-President and the former Presidents of the House. The other members of the House benefit from a passport with a protection arrangement.
· Basic salary: BEF 2,579,672 per year (as at 01.01.1998)
+ Expense allowance: BEF 722,308 per year
· Tax exemption for expense allowance
· Pension scheme
· Other facilities:
(a) Secretariat/assistants (Art. 109 of the Standing Orders of the House of Representatives)
(b) Postal and telephone services: free postage for correspondence with the public services
(c) Travel and transport (Art. 66 (2) of the Constitution)
(d) Other
|
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept exists (Art. 58 of the Constitution).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: offence or insult (Art. 34 of the Standing Orders of the House of Representatives; see Discipline)
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
|
| Parliamentary immunity - parliamentary inviolability |
· The concept exists (Art. 59 (1) of the Constitution).
· It applies only to criminal proceedings, covers all offences and protects MPs only dismissal or from a direct summons to appear before a court or tribunal and from arrest, but not from the opening of judicial proceedings against them or from their homes being searched.
· Derogations: parliamentary inviolability does not apply in cases involving flagrante delicto (Art. 59 (1) of the Constitution).
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided only during sessions and also covers, in principle, judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted (Art. 59 (1) of the Constitution).
- Competent authority: the House of Representatives
- Procedure. In this case, MPs cannot be heard. They do not have means of appeal.
· Parliament cannot subject the prosecution and/or detention to certain conditions, but the Constitution provides for some additional procedural rules and the House may only agree in part to a request for the lifting of parliamentary immunity.
· Parliament can suspend the prosecution and/or detention of one of its members (Art. 59 (5 and 6) of the Constitution):
- Competent authority: the House of Representatives
- Procedure (Art. 59 (5 and 6) of the Constitution)
· In the event of preventive custody or imprisonment, there is no precedent to date as to whether the MPs concerned can be authorised to attend sittings of Parliament.
|
| EXERCISE OF THE MANDATE |
| Training |
· There is no training/initiation process on parliamentary practices and procedures for MPs, nor is there a handbook of parliamentary procedure. |
| Participation in the work of the Parliament |
· It is not compulsory for MPs to be present at plenary sittings or committee meetings. |
| Discipline |
· The rules governing discipline within Parliament are contained in Art. 33 (5), 34, 35 and 51 to 55bis of the Standing Orders of the House of Representatives.
· Disciplinary measures foreseen:
- Call to order (Art. 51 (1, 3 and 4) of the Standing Orders)
- Point of order or warning for irrelevance (Art. 35 (1) of the Standing Orders)
- Withdrawal of speaking rights (Art. 35 (2) and 51 (2 and 5) of the Standing Orders)
- Censure with entry in the record (Art. 52 (1 and 3) of the Standing Orders)
- Temporary exclusion (Art. 52 of the Standing Orders)
- Suspension or lifting of the sitting, with exclusion of the member for eight sittings (Art. 52 (4) of the Standing Orders)
- Deletion of remarks from the Annals (Art. 33 (5), Art. 35 (3) and Art. 55 of the Standing Orders)
· Specific cases:
- Offence or insult (Art. 34 of the Standing Orders): all disciplinary sanctions
- Uproar (Art. 53 of the Standing Orders): suspension of the sitting
- Assault (Art. 54 of the Standing Orders): exclusion for ten sittings
- Breach of secrecy (Art. 55bis of the Standing Orders; see also Code of Conduct): loss of right to belong to a committee of inquiry and to attend its meetings; withholding of the MP's salary
· Competent body to judge such cases/to impose penalties:
- Call to order, point of order or warning for irrelevance, with-drawal of speaking rights, deletion of remarks from the Annals, up-roar, assault: the President
- Censure with entry in the record, temporary exclusion, suspension or lifting of the sitting with exclusion of the member for eight sittings: the House of Representatives, on a proposal by the President
- Offence or insult: depending on penalty
- Breach of secrecy: the President, after the committee of inquiry concerned or the Committee on Prosecution has expressed an opinion
· Procedure:
- Call to order (Art. 51 (1, 3 and 4) of the Standing Orders)
- Point of order or warning for digression (Art. 35 (1) of the Standing Orders)
- Withdrawal of speaking rights (Art. 35 (2 and 51 (2 and 5) of the Standing Orders))
- Censure with entry in the record, temporary exclusion, suspension or lifting of the sitting with exclusion of the member for eight sit-tings (Art. 52 of the Standing Orders)
- Deletion of remarks from the Annals (Art. 55 of the Standing Orders)
- Offence or insult (Art. 34 of the Standing Orders)
- Uproar (Art. 53 of the Standing Orders)
- Assault (Art. 54 of the Standing Orders)
- Breach of secrecy (Art. 55bis of the Standing Orders; see Code of Conduct, Procedure)
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there is one relevant provision (Art. 55bis of the Standing Orders; see also Discipline). For incompatibilities, see Loss of mandate.
· Penalties foreseen for breaches of the code of conduct: loss of membership and attendance rights with regard to committees of inquiry; withholding of the MP's salary (Art. 55bis (1) of the Standing Orders; violation of secrecy)
· Competent body to judge such cases/to impose penalties: the President, after the committee of inquiry concerned or the Committee on Prosecution has expressed an opinion
· Procedure (Art. 55bis of the Standing Orders).
|
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
