| Parliament name |
Parlement - Parliament |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Assemblée nationale - National Assembly / National Assembly |
| Related chamber (for bicameral parliaments) |
Sénat - Senate / Senate
|
| NATURE |
| Nature of the mandate |
· Free representation (Art. 15(3) of the Constitution of 02.06.1972 with amendments up to 18.01.1996) |
| Start of the mandate |
· On the date of opening of the first ordinary session following the elections (Art. 1(5) of the Act establishing the conditions governing the election of deputies to the National Assembly, Art. 2 of the Standing Orders of the National Assembly) |
| Validation of mandates |
· Validation by the National Assembly (Art. 120(1) of the Act establishing the conditions governing the election of deputies to the National Assembly, Art. 3(1) of the Standing Orders of the National Assembly) and, in the event of a challenge, by the Constitutional Council (Art. 48(1 and 2) of the Constitution)
· Procedure (Art. 48(1 and 2), 49 and 50(1) of the Constitution, Art. 120 of the Act establishing the conditions governing the election of deputies to the National Assembly, Art. 3 to 7, 9(1) and 10(1) of the Standing Orders of the National Assembly) |
| End of the mandate |
· When the mandates of newly elected MPs are validated (for early dissolution, see Art. 8(12) and 14(4) of the Constitution) |
| Can MPs resign? |
Yes |
· Of their own free will (Art. 8(1) of the Standing Orders of the National Assembly)
· Procedure (Art. 8 of the Standing Orders of the National Assembly)
· Authority competent to accept the resignation: the National Assembly |
| Can MPs lose their mandate ? |
Yes |
(a) Definitive exclusion from Parliament by parliamentary decision:
- Loss of eligibility or disclosure of ineligibility following the election announcement (Art. 22(2) in conjunction with Art. 17 to 20 and 22(1) of the Act establishing the conditions governing the election of deputies to the National Assembly; see also Validation of mandates)
- Exclusion or resignation from the political party (Art. 22(3) of the Act establishing the conditions governing the election of deputies to the National Assembly)
- General procedure (Art. 22(4) of the Act establishing the conditions governing the election of deputies to the National Assembly)
(b) Loss of mandate on grounds of incompatibility (Art. 25(1) in conjunction with Art. 23 and 24 of the Act establishing the conditions governing the election of deputies to the National Assembly; see also Loss of eligibility or disclosure of ineligibility following the election announcement, and Art. 14(5) of the Constitution) |
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Outside Parliament (Art. 77(1) of the Standing Orders of the National Assembly): the Bureau of the National Assembly ranks second in the official order of precedence. MPs rank second in their constituencies. |
| Indemnities, facilities and services |
· Diplomatic passport· Basic salary (Art. 77(2 to 6 and 10) and Art. 79(3 to 5) of the Standing Orders of the National Assembly): + Parliamentary expense allowance (Art. 77 (2 and 10) of the Standing Orders of the National Assembly): + Additional expense allowance for members of the Bureau of the National Assembly and of the bureaux of the parliamentary groups (Art. 77(10) and 79(3) of the Standing Orders of the National Assembly) + Sessional allowance for committee officers and the Rapporteur General of the Finance Committee (Art. 77(7) of the Standing Orders of the National Assembly):
· No tax exemption in respect of the basic salary (Art. 77(8) of the Standing Orders of the National Assembly). Other allowances are tax-exempt (Art. 77(9) of the Standing Orders of the National Assembly).
· Pension scheme
· Other facilities:
(a) Secretariat, assistants (Art. 75, 76(1) and 79(2) of the Standing Orders of the National Assembly)
(b) Official housing and household staff for the President, Vice-Presidents, Quaestors, and group leaders (Art. 79(1 and 2) of the Standing Orders of the National Assembly)
(c) Travel and transport for the President, Vice-Presidents, Quaestors and group leaders (Art. 79(1 and 2) of the Standing Orders of the National Assembly)
(c) Other |
| Obligation to declare personal assets |
No |
|
| Parliamentary immunity - parliamentary non-accountability |
· The notion exists (Art. 14(6) of the Constitution in conjunction with Order N° 72/12 of 26 August 1972 establishing the system of immunities for members of the National Assembly).
· Parliamentary non-accountability is applicable to words spoken and written by MPs both within and outside Parliament.
· Derogations: insults and contempt (Art. 70(1), 72(2) and 73(2(c), 4(c) and (d)) of the Standing Orders of the National Assembly; see Discipline)
· Non-accountability takes effect on the day when the mandate begins and, on expiry of the mandate, affords protection against prosecution for opinions expressed during the exercise of the mandate. |
| Parliamentary immunity - parliamentary inviolability |
· The notion exists (Art. 14(6) of the Constitution in conjunction with Order N° 72/12 of 26 August 1972 establishing the system of immunities for members of the National Assembly)
· It is applicable to criminal and civil proceedings, covers all offences except crimes and misdemeanours against the internal or external security of the State as established by the Penal Code, and protects MPs from arrest, pre-trial detention, the institution of judicial proceedings against them and house searches.
· Derogations: cases of flagrante delicto.· Parliamentary inviolability does (not) prevent MPs from being called as witnesses before a judge or court.
· Protection is provided throughout the mandate and (does not) also cover(s) judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted:
- Competent authority: the National Assembly when Parliament is in session and the Bureau of the Assembly when Parliament is in recess
- Procedure
- Competent authority:
- Procedure
· Parliament can suspend the prosecution and/or detention of one of its members:
- Competent authority: the competence prosecutor's office or the Minister of the Armed Forces if military courts have jurisdiction.
- Procedure: suspension ipso jure at the request of the National Assembly or, when Parliament is in recess, the Bureau of the Assembly
· In cases of pre-trial detention or imprisonment, the MPs concerned can be authorised to attend sittings of Parliament.
- Competent authority: the competent prosecutor's office or the Minister of the Armed Forces if military courts have jurisdiction
- Procedure: authorisation ipso jure at the request of the National Assembly or, when Parliament is in recess, the Bureau of the Assembly |
| EXERCISE OF THE MANDATE |
| Training |
· There is no training/induction course on parliamentary practices and procedures for MPs.
· Handbook of parliamentary procedure:
- Deputys Handbook |
| Participation in the work of the Parliament |
· It is compulsory for MPs to attend plenary sittings and committee meetings.
· Penalties foreseen for failure to fulfil this obligation (Art. 80 of the Standing Orders of the National Assembly): forfeiture of 50% of salary for the duration of the absence and for two months following the resumption of activity
· Body competent to rule on such cases/to impose penalties: the Bureau of the National Assembly |
| Discipline |
· The rules governing discipline within Parliament are contained in Art. 34(1), 39(5 to 7), 42(1), 69(4) and 70 to 74 of the Standing Orders of the National Assembly.
· Disciplinary measures foreseen (Art. 71 of the Standing Orders of the National Assembly)
- Withdrawal of speaking entitlement (Art. 42(1) of the Standing Orders of the National Assembly)
- Non-inclusion of comments in the record (Art. 39(5 and 6) and 42(1) of the Standing Orders of the National Assembly)
- Warning for irrelevance (Art. 39(6) and 42(1) of the Standing Orders of the National Assembly)
- Call to order (Art. 39(6), 42(1) and 72(1 to 3) of the Standing Orders of the National Assembly
- Call to order with entry in the record (Art. 39(7), 42(1) and 72(1 and 4) of the Standing Orders of the National Assembly)
- Entry in the record with censure, withdrawal of speaking entitlement and forfeiture of the parliamentary expense allowance (Art. 39(7), 42(1) and 73(1 to 3) of the Standing Orders of the National Assembly)
- Censure with temporary exclusion and forfeiture of the parliamentary expense allowance (Art. 39(7), 42(1) and 73(1 and 4 to 6) of the Standing Orders of the National Assembly)
- Suspension or adjournment of the sitting (Art. 70(2 to 4) and 73(6) of the Standing Orders of the National Assembly)
· Specific cases:
- Insults and contempt (Art. 70(1), 72(2) and 73(2(c) and 4(c) and (d)) of the Standing Orders of the National Assembly): call to order; call to order with entry in the record; entry in the record with censure, withdrawal of speaking entitlement and forfeiture of the parliamentary expense allowance; censure with temporary exclusion and forfeiture of the parliamentary expense allowance
- Noisy manifestations of approval or disapproval (Art. 69(4) of the Standing Orders of the National Assembly): temporary exclusion
- Assault (Art. 74 of the Standing Orders of the National Assembly): entry in the record with censure, withdrawal of speaking entitlement and forfeiture of the parliamentary expense allowance; censure with temporary exclusion and forfeiture of the parliamentary expense allowance
Competent body to rule on such cases/to impose penalties (Art. 34(1) of the Standing Orders of the National Assembly):
- Withdrawal of the floor, non-inclusion of comments in the record, warning for irrelevance, call to order, call to order with entry in the record, suspension or adjournment of the sitting, insults and contempt: the President
- Entry in the record with censure, withdrawal of speaking entitlement and forfeiture of the parliamentary expense allowance, censure with temporary exclusion and forfeiture of the parliamentary expense allowance, insults and contempt: the National Assembly, on a proposal by the President
- Noisy manifestations of approval or disapproval: the President, the Secretary General or his/her assistants. The clerks or officials responsible for keeping order apply the disciplinary measure.
- Assault: the Bureau, on a proposal by the President or a deputy. The Head Clerk applies the disciplinary measure.
· Procedure:
- Withdrawal of speaking entitlement, non-inclusion of comments in the record, warning for irrelevance, call to order, call to order with entry in the record, entry in the record with censure, withdrawal of speaking entitlement and forfeiture of the parliamentary expense allowance, censure with temporary exclusion and forfeiture of the parliamentary expense allowance (Art. 39(5 to 7) and 42(1) of the Standing Orders of the National Assembly)
- Call to order, call to order with entry in the record, insults and contempt (Art. 72 of the Standing Orders of the National Assembly; see also above)
- Entry in the record with censure, withdrawal of speaking entitlement and forfeiture of the parliamentary expense allowance, insults and contempt (Art. 73(1 to 3) of the Standing Orders of the National Assembly; see also above)
- Censure with temporary exclusion and forfeiture of the parliamentary expense allowance, insults and contempt (Art. 73(1 and 4 to 6) of the Standing Orders of the National Assembly; see also above)
- Suspension or adjournment of the sitting (Art. 70(2 to 4) and 73(6) of the Standing Orders of the National Assembly)
- Noisy manifestations of approval or disapproval (Art. 69(4) of the Standing Orders of the National Assembly)
- Assault (Art. 74 of the Standing Orders of the National Assembly |
| Code (rules) of conduct |
· This notion does not exist in the country's judicial system, but there are some relevant rules (Art. 14(5) of the Constitution, Art. 20, 22(1, 2 and 4) and Art. 23 to 25 of the Act establishing the conditions governing the election of deputies to the National Assembly, Art. 82 in conjunction with Art. 73 of the Standing Orders of the National Assembly).
· Penalties foreseen for breaches of the code of conduct:
- Loss of mandate (Art. 22(2) in conjunction with Art. 20 and 22(1) and Art. 25(1) in conjunction with Art. 23 and 24 of the Act establishing the conditions governing the election of deputies to the National Assembly; ineligibility on grounds of incompatibility, incompatibility)
- Entry in the record with censure, withdrawal of speaking entitlement and forfeiture of the parliamentary expense allowance (Art. 82 in conjunction with Art. 73 of the Standing Orders of the National Assembly; use of title)
- Censure with temporary exclusion and forfeiture of the parliamentary expense allowance (Art. 82 in conjunction with Art. 73 of the Standing Orders of the National Assembly; use of title)
· Competent body to rule on such cases/to impose penalties:
- Loss of mandate due to ineligibility on grounds of incompatibility: the Bureau of the National Assembly
- Loss of mandate on grounds of other incompatibilities:
- Entry in the record with censure, withdrawal of speaking entitlement and forfeiture of the parliamentary expense allowance; censure with temporary exclusion and forfeiture of the parliamentary expense allowance: the National Assembly, on a proposal by the President
· Procedure:
- Loss of mandate due to ineligibility on grounds of incompatibility (Art. 22(4) of the Act establishing the conditions governing the election of deputies to the National Assembly). In this case, MPs have (no) means of appeal.
- Loss of mandate on grounds of other incompatibilities [references, texts or comments]. In this case, MPs have (no) means of appeal.
- Entry in the record with censure, withdrawal of speaking entitlement and forfeiture of the parliamentary expense allowance; censure with temporary exclusion and forfeiture of the parliamentary expense allowance (Art. 82 in conjunction with Art. 73 of the Standing Orders of the National Assembly). In this case, MPs have (no) means of appeal. |
| Relations between MPs and pressure group |
· There are no legal provisions in this area. |
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