| Parliament name (generic / translated) |
Asamblea Legislativa Plurinacional / Plurinational Legislative Assembly |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Cámara de Senadores / Chamber of Senators |
| 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 |
| Validation of mandates |
· Validation by the Chamber of Senators and, in the event of challenge or the emergence of grounds for annulment, by the National Electoral Court (Art. 67, No. 1 of the Constitution of 02.02.1967, as amended up to and including 06.02.1995, Art. 196, and 247 (2) in connection with Art. 121 and 123 of the Electoral Law)
· Procedure (Art. 67, No. 1 of the Constitution, Art. 247 (4) of the Electoral Law) |
| End of the mandate |
· On the day when the legal term of the House ends (see Art. 65 in connection with Art. 60 (7) of the Constitution and Art. 127 of the Electoral Law) |
| Can MPs resign? |
Yes |
· Of their own free will (Art. 57 of the Constitution)
· Procedure: resignation before the President of the Chamber of Senators who informs the plenary
· Authority competent to accept the resignation: the resignation need not be accepted |
| Can MPs lose their mandate? |
Yes |
(a) Definitive exclusion from Parliament by the latter: definitive removal for misconduct (Art. 67, No. 4 of the Constitution; see Code of conduct)
(b) Loss of mandate for incompatibilities (Art. 49, and 54 in connection with Art. 67, No. 4 of the Constitution; see above) |
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The President
2. The Vice-Presidents (2)
3. The Secretaries (3)
4. The other Senators
· Outside Parliament: |
| Indemnities, facilities and services |
· Diplomatic or official passport
· Basic salary: BOB 20.800 + Sitting Allowance: BOB 1 per sitting
· No exemption from tax
· Private Pension Fund (AFP)
· Other facilities:
(a) Secretariat
(b) Assistants
(c) Official car for the President and the Vice-Presidents
(d) Security guards for the President and the Vice-Presidents
(e) Postal and telephone services
(f) Travel and transport
(g) Others: medical care, funeral costs
|
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 51 of the Constitution, Rule of the Rules of Debate of the Chamber of Senators)
· Parliamentary non-accountability applies to words spoken and written by Senators both within and outside Parliament.
· Derogations: offence or insult (Rule 47 of the Rules of Debate of the Chamber of Senators, 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 does exist (Art. 52 and 53 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, from the opening of judicial proceedings against them and, in civil matters, also from the requirement to give bond.
· No derogations are foreseen.
· Parliamentary inviolability does not prevent Senators from being called as witnesses before a judge or tribunal.
· Protection is provided from the start to the end of the mandate, but for the suing and the requirement to give bond in civil matters only during a period beginning sixty days before the meeting of Congress and ending at the time the Senator returns to his residence. It (does not) also cover(s) judicial proceedings instituted against Senators before their election.
· Parliamentary immunity (inviolability) can be lifted (Art. 52 of the Constitution):
- Competent authority: the Chamber of Senators
- Procedure (Art. 52 of the Constitution, Rule 107 of the Rules of Debate of the Chamber of Senators): decision by a two-thirds vote. In this case, Senators can(not) be heard. They do (not) have means of appeal.
|
| EXERCISE OF THE MANDATE |
| Training |
· There is neither a training/initiation process on parliamentary practices and procedures for Senators, nor a handbook of parliamentary procedure. |
| Participation in the work of the Parliament |
· Penalties foreseen in case of lack of quorum (Rule 33 of the Rules of Debate of the Chamber of Senators): publication of the names of those absent
· Body competent to judge such cases/to impose penalties: |
| Discipline |
· The rules governing discipline within Parliament are contained in Rule 47 of the Rules of Debate of the Chamber of Senators.
· Disciplinary measures foreseen:
- Interruption (Rule 47 of the Rules of Debate of the Chamber of Senators)
- Call to order (Rule 47 of the Rules of Debate of the Chamber of Senators)
- Withdrawal of the floor for the rest of the debate (Rule 47 of the Rules of Debate of the Chamber of Senators)
· Specific cases:
- Offence or insult (Rule 47 of the Rules of Debate of the Chamber of Senators): all disciplinary measures
· Competent body to judge such cases/to impose penalties:
- Interruption, offence or insult: any Senator
- Call to order, withdrawal of the floor for the rest of the debate, offence or insult: the President, after a decision of the Chamber of Senators
· Procedure (Rule 47 of the Rules of Debate of the Chamber of Senators) |
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 49, 54, and 67, No. 4 of the Constitution).
· Penalties foreseen for violation of the rules of conduct:
- Temporary removal (Art. 67, No. 4 of the Constitution; misconduct)
- Definitive removal (Art. 67, No. 4 of the Constitution; misconduct)
- Loss of mandate (Art. 49, and 54 in connection with Art. 67, No. 4 of the Constitution; incompatibilities)
· Competent body to judge such cases/to impose penalties: the Chamber of Senators
· Procedure (Art. 67, No. 4 of the Constitution). In this case, Senators have (no) means of recourse. |
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
Compare data for parliamentary chambers in the Mandate module
