| Parliament name (generic / translated) |
Narodno sabranie / National Assembly |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
· Free representation (Art. 67 (1) of the Constitution of 12.07.1991; see also Art. 67 (2) and 81 (3) of the Constitution) |
| Start of the mandate |
· When the results are declared (Constitutional Court Decision No. 1 of 16.01.1992)
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| Validation of mandates |
· Validation by the Constitutional Court only in case of challenge (Art. 66 and 149 (1) (7.) of the Constitution)
· Procedure (Art. 150 (1) and 151 (1) and (2) of the Constitution, S. 94 (1) of the Election of Members of the National Assembly, Municipal Councillors and Mayors Act, Art. 12 of the Constitutional Court Act)
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| End of the mandate |
· On the day when the legal term of the House ends - or on the day of early dissolution (Constitutional Court Decision No. 20 of 23.12.1992)
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| Can MPs resign? |
Yes |
· Yes, of their own free will (Art. 72 (1) (1.) of the Constitution)
· Procedure (Art. 72 (1) (1.) of the Constitution): presentation before the National Assembly which has to adopt a resolution
· Authority competent to accept the resignation (Art. 72 (2) of the Constitution): the National Assembly
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| Can MPs lose their mandate ? |
Yes |
(a) Definitive exclusion from Parliament by the latter: occurrence of an enforcement of a prison sentence for an intentional crime, or of an unsuspended prison sentence (Art. 72 (1) (2.) and (2) of the Constitution)
(b) Loss of mandate by judicial decision: ruling by the Constitutional Court in cases of ineligibility or incompatibility (Art. 68 (1) and 72 (1) (3.) and (2) of the Constitution, Art. 100 (1) of the Rules of Organisation and Procedure of the National Assembly)
(c) Death (Art. 72 (1) (4.) of the Constitution)
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| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The President
2. The Vice-President
3. The Leaders of the parliamentary groups
4. The other MPs
|
| Indemnities, facilities and services |
· Diplomatic passport
· Basic salary (Art. 71 of the Constitution, Art. 3 and 4 of the Annex to the Rules of Organisation and Procedure of the National Assembly): in accordance with function
· No exemption from tax
· No specific pension scheme
· Other facilities:
(a) Secretariat, assistants (Art. 116 to 123 of the Rules of Organisation and Procedure of the National Assembly, Art. 9 (6) and 10 of the Annex thereto)
(b) Official car
(c) Security guards upon request in case of threats to the life or safety of MPs
(d) Postal and telephone services
(e) Official housing, travel and transport (Art. 9 (1) to (5) of the Annex to the Rules of Organisation and Procedure of the National Assembly)
(f) Others: insurance (Art. 6 of the Annex to the Rules of Organisation and Procedure of the National Assembly)
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| Obligation to declare personal assets |
Yes |
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| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 69 of the Constitution).
· Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament.
· Derogations: offence or insult (Art. 107 of the Rules of Organisation and Procedure of the National Assembly, see also Art. 109 to 114 of the Rules of Organisation and Procedure of the National Assembly; 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.
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| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Art. 70 of the Constitution, Art. 104 (1) of the Rules of Organisation and Procedure of the National Assembly).
· It applies only to criminal proceedings, covers all offences and protects MPs from arrest and from being held in preventive custody, from the opening of judicial proceedings against them and from their homes being searched.
· Derogations: in cases of grave crimes committed in flagrante delicto, MPs can be arrested. However, Parliament or, between sessions, its President, shall be notified (Art. 70 of the Constitution, Art. 104 (2) of the Rules of Organisation and Procedure of the National Assembly).
· 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 and also covers judicial proceedings instituted against MPs before their election (Art. 104 (8) of the Rules of Organisation and Procedure of the National Assembly).
· Parliamentary immunity (inviolability) can be lifted in cases of committal of grave crimes (Art. 70 of the Constitution, Art. 104 (1) of the Rules of Organisation and Procedure of the National Assembly):
- Competent authority: the National Assembly, the President
- Procedure (Art. 104 (3) to (7) of the Rules of Organisation and Procedure of the National Assembly). In this case, MPs can be heard. They do not have means of appeal.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament can suspend the prosecution of one of its members (Art. 104 (8) of the Rules of Organisation and Procedure of the National Assembly):
- Competent authority: the National Assembly
- Procedure (Art. 104 (8) of the Rules of Organisation and Procedure of the National Assembly, Constitutional Court Decision No. 2 of 18.02.1993)
· In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament (Constitutional Court Decision No. 10 of 27.07.1992).
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| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by Parliament and the political parties.
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| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings and committee meetings (Art. 102 (1) of the Rules of Organisation and Procedure of the National Assembly).
· Penalties foreseen in case of failure to fulfil this obligation (Art. 12 of the Annex to the Rules of Organisation and Procedure of the National Assembly): reduction of salary
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| Discipline |
· The rules governing discipline within Parliament are contained in Art. 77 (1) (3.) of the Constitution, and Art. 52 (1) and 107 to 114 of the Rules of Organisation and Procedure of the National Assembly.
· Disciplinary measures foreseen (Art. 108 of the Rules of Organisation and Procedure of the National Assembly):
- Call to order (Art. 109 of the Rules of Organisation and Procedure of the National Assembly)
- Reprimand (Art. 110 of the Rules of Organisation and Procedure of the National Assembly)
- Censure (Art. 111 of the Rules of Organisation and Procedure of the National Assembly)
- Rule out of order (Art. 112 of the Rules of Organisation and Procedure of the National Assembly)
- Suspension from one sitting with loss of remuneration (Art. 113 of the Rules of Organisation and Procedure of the National Assembly)
- Suspension for up to three sittings with loss of remuneration (Art. 114 of the Rules of Organisation and Procedure of the National Assembly)
- Interruption of the sitting (Art. 52 (1) of the Rules of Organisation and Procedure of the National Assembly)
· Specific cases:
- Offence or insult (Art. 107 of the Rules of Organisation and Procedure of the National Assembly; see also Art. 109 to 114 of the Rules of Organisation and Procedure of the National Assembly): call to order, reprimand, censure, rule out of order, suspension from one sitting with loss of remuneration, suspension for up to three sittings with loss of remuneration
· Competent body to judge such cases/to impose penalties (Art. 77 (1) (3.) of the Constitution): the President
· Procedure:
- Call to order (Art. 109 of the Rules of Organisation and Procedure of the National Assembly)
- Reprimand (Art. 110 of the Rules of Organisation and Procedure of the National Assembly)
- Censure (Art. 111 of the Rules of Organisation and Procedure of the National Assembly)
- Rule out of order (Art. 112 of the Rules of Organisation and Procedure of the National Assembly)
- Suspension from one sitting with loss of remuneration (Art. 113 of the Rules of Organisation and Procedure of the National Assembly)
- Suspension for up to three sittings with loss of remuneration (Art. 114 of the Rules of Organisation and Procedure of the National Assembly)
- Interruption of the sitting (Art. 52 (1) of the Rules of Organisation and Procedure of the National Assembly)
- Offence or insult (Art. 107, and 109 to 114 of the Rules of Organisation and Procedure of the National Assembly)
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| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 68 (1), and 72 (1) (3.) and (2) of the Constitution, Art. 100 (1) and (2) of the Rules of Organisation and Procedure of the National Assembly, Art. 8 of the Annex to the Rules of Organisation and Procedure of the National Assembly).
· Penalties foreseen for violation of the rules of conduct (Art. 72 (1) (3.) of the Constitution: loss of mandate (incompatibilities)
· Competent body to judge such cases/to impose penalties (Art. 72 (2) of the Constitution): the Constitutional Court
· Procedure (Art. 72 (2) of the Constitution): ruling by the Constitutional Court.
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| Relations between MPs and pressure group |
· There are some legal provisions in this field (Art. 11 (4) of the Constitution, Art. 16 of the Rules of Organisation and Procedure of the National Assembly; prohibition of formation of parties or parliamentary groups to defend certain interests).
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