| Parliament name (generic / translated) |
Assembleia Nacional / National Assembly |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
· Free representation (Art. 174 of the Constitution of 25.09.1992) |
| Start of the mandate |
· From the day when the newly elected Parliament meets (Art. 175 (1) of the Constitution) |
| Validation of mandates |
· Validation by the National Assembly, on the recommendation of a Committee for the Verification of Powers
· Procedure
|
| End of the mandate |
· On the day when the newly elected Parliament meets (Art. 175 (1) of the Constitution), also in case of dissolution (Art. 156 (3) of the Constitution) (for dissolution, see Art. 155 and 156 of the Constitution) |
| Can MPs resign? |
Yes |
· Yes, of their own free will
· Procedure
· Authority competent to accept the resignation: the agreement of the National Assembly is not required.
|
| Can MPs lose their mandate ? |
Yes |
(a) Definitive exclusion from Parliament by the latter:
- Loss for non-attendance of the meetings of the National Assembly (Art. 182 (1) (a) of the Constitution)
- Loss for failure to exercise the mandate and functions for which the MP was designated by the Assembly (Art. 182 (1) (b) of the Constitution)
- Loss by judicial sentencing to an undeferred prison term as punishment for an intentional offence (Art. 182 (1) (c) of the Constitution)
- Loss for registration with a party other than the one from which the deputy was elected (Art. 182 (1) (d) of the Constitution)
- Loss for ineligibility or incompatibility/incapacity (Art. 176 and 182 (2) of the Constitution)
- General procedure: the plenary sitting declares the MP's loss of mandate, on a proposal by the Standing Committee.
(b) Loss of mandate for crime or illegal act (Art. 135 (2) and (3) of the Constitution)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
|
| Indemnities, facilities and services |
· Diplomatic passport
· Basic salary: according to function
+ Representation allowance for full-time MPs:
- 20% of the basic salary (President)
- 15% of the basic salary (Vice-Presidents, chairpersons of parliamentary groups and members of standing committees
· Pension scheme: compulsory deduction from deputies' salaries for the deputies' pension fund
· Other facilities:
(a) Secretariat and assistants for Board members, chairpersons of parliamentary groups and presidents of standing committees
(b) Official housing for the President, Vice-Presidents and secretaries (Board)
(c) Car fleet for full-time MPs. Official car for the President, Vice-Presidents and secretaries (Board)
(d) Security guards for the President
(e) Postal and telephone services
(f) Travel and transport (Art. 178 (2) (a) of the Constitution)
(g) Other: installation allowance at the start of the mandate and reintegration allowance at the end of the mandate
|
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 136 (1) and Art. 181 (1) of the Constitution).
· Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament.
· Derogations: political, civil and penal responsibility for actions or omissions committed in the exercise of office (Art. 135 of the Constitution)
· 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. 136 (1) and Art. 181 (2) of the Constitution).
· It applies only to criminal proceedings, covers all offences with the exception of particularly grave infractions 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. It also applies to candidates (Art. 114 of the Constitution).
· Derogations: the authorisation of the National Assembly is not necessary, in case of flagrante delicto, for an offence punishable by a prison term with a maximum in excess of two years and, apart from flagrante delicto, for offences punishable by a prison term with a maximum in excess of eight years' imprisonment (Art. 177 (4), Art. 181 (2) of the Constitution).
· Parliamentary inviolability prevents MPs from being called as witnesses before a judge or tribunal without the authorisation of the National Assembly.
· Protection is provided from the start to the end of the mandate and also covers judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted (Art. 181 (2) of the Constitution), except for candidates (Art. 114 of the Constitution):
- Competent authority: the National Assembly
- Procedure (Art. 181 (3) of the Constitution).
· Parliament cannot suspend the prosecution and/or detention of one of its members.
· In the event of preventive custody or imprisonment, the MPs concerned cannot 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 compulsory for MPs to be present at plenary sittings and committee meetings (Art. 180 (a) of the Constitution).
· Penalties foreseen in case of failure to fulfil this obligation (Art. 182 (1) (a) of the Constitution): loss of mandate (see Loss for non-attendance for meetings of the National Assembly)
· Body competent to judge such cases/to impose penalties: the National Assembly
|
| Discipline |
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system, but see Obligation to declare personal assets, Loss for failure to exercise of the mandate and functions to which the deputy was appointed by the Assembly, and Loss for incompatibility/incapacity. |
| Relations between MPs and pressure group |
· There are two legal provisions in this field (Art. 125 (2) and 126 (1) of the Constitution; ban on certain names for political parties or the formation of certain parties). |
