| Parliament name (generic / translated) |
Congreso Nacional / National Congress |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Cámara de Diputados / Chamber of Deputies |
| Related chamber (for bicameral parliaments) |
Senado / Senate
|
| NATURE |
| Nature of the mandate |
· Free representation |
| Start of the mandate |
· When MPs take the oath (Art. 32 (2) of the Standing Orders of the Chamber of Deputies). Procedure (Art. 32 (1) to (3), 42 and 43 of the Standing Orders). |
| Validation of mandates |
· Validation by the Electoral Court (Art. 84 of the Constitution of 11.08.1980, with the amendments of 22.12.1997)
· Procedure (Art. 84 of the Constitution)
|
| End of the mandate |
· On the day when the legal term of the House ends |
| Can MPs resign? |
No |
· Resignation is not covered by the Constitution |
| Can MPs lose their mandate ? |
Yes |
(a) Loss of mandate by judicial decision:
- Sentencing to punishment entailing penal servitude, in criminal proceedings, via a final judgement
- Unauthorised absence from the country, incompatibilities, etc. (Art. 57 and 82, N° 11 and N° 12 (17) of the Constitution, Art. 35 to 37 of the Standing Orders of the Chamber of Deputies)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The President
2. The First Vice-President
3. The Second Vice-President
4. The other deputies
|
| Indemnities, facilities and services |
· Diplomatic passport
· Basic salary (see Art. 59 of the Constitution): corresponds to the salary of a State minister
· No exemption from tax
· No special pension scheme:
· Other facilities:
(a) Secretariat (see also Art. 314 to 321 of the Standing Orders of the Chamber of Deputies)
(b) Assistants
(c) Official housing
(d) Official car for the President and Vice-Presidents
(e) Security guards for the President
(f) Limited postal and telephone services
(g) Travel and transport
|
| Obligation to declare personal assets |
No |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept exists (Art. 58 (1) 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. 90 (1), N° 5, Art. 273, N° 5 of the Standing Orders of the Chamber of Deputies; 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. 58 (2) to (4) of the Constitution).
· It applies only to criminal proceedings, covers all offences and protects MPs from arrest and from being held in preventive custody, and from the opening of judicial proceedings against them. It does not protect them from their homes being searched.
· Derogations: in cases of flagrante delicto, immunity does not have to be lifted and deputies are immediately handed over to the respective Court of Appeal, with the corresponding summary information (Art. 58 (3) of the Constitution).
· Protection is provided from the start to the end of the mandate and does not cover judicial proceedings instituted against MPs before their election. However, if criminal proceedings have been brought against a candidate, his eligibility shall be suspended (Art. 16 and 44 of the Constitution).
· Parliamentary immunity (inviolability) can be lifted (Art. 58 (2) of the Constitution):
- Competent authority: the Court of Appeal of the corresponding jurisdiction
- Procedure (Art. 58 (2) and (4) of the Constitution). In this case, MPs cannot be heard. They do have means of appeal.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· 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.
· Handbooks of parliamentary procedure:
- Constitutional Organic Law of the National Congress
- Standing Orders of the Chamber of Deputies
|
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings, committee and other meetings) (Art. 32 (4) of the Standing Orders of the Chamber of Deputies).
· Penalties foreseen in case of failure to fulfil this obligation: (Art. 76, 77 and 227 of the Standing Orders): salary deductions
· Body competent to judge such cases/to impose penalties: the Committee on Internal Affairs, Administration and Rules
|
| Discipline |
· The rules governing discipline within Parliament are contained in Art. 33, 90 to 93, 201, and 273 to 276 of the Standing Orders of the Chamber of Deputies.
· Disciplinary measures foreseen (Art. 91 (1) and 274 (1) of the Standing Orders):
- Call to order
- Warning with fine
- Censure with fine
-Forfeiture of speaking rights with fine
- Forfeiture of speaking rights for three consecutive sittings with fine
· Specific cases:
- Offence or insult (Art. 90 (1), N° 5, Art. 273, N° 5 of the Standing Orders): call to order, warning with fine, censure with fine, forfeiture of speaking rights with fine, forfeiture of speaking rights for three consecutive sittings with fine
- Ban on the carrying of firearms (Art. 33 and 201 of the Standing Orders of the Chamber of Deputies): suspension for one, two or six months
· Competent body to judge such cases/to impose penalties:
- Call to order, warning with fine, censure with fine, forfeiture of speaking rights with fine, offence or insult, ban on the carrying of firearms: the President
- Loss of speaking rights for three consecutive sittings with fine offence or insult: the Chamber; the President
· Procedure:
- Disciplinary measure, offence or insult: (Art. 90 to 93 and 273 to 276 of the Standing Orders of the Chamber of Deputies)
- Ban on the carrying of firearms (Art. 33 and 201 of the Standing Orders of the Chamber of Deputies)
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but the reading of a bill on a code of conduct is already well along in the Chamber of Deputies. In addition, there are some relevant provisions (Art. 57, 58 (2) and (4), and Art. 82, N° 11 and N° 12 (17) of the Constitution, Art. 35 to 37 of the Standing Orders of the Chamber of Deputies).
· Penalties foreseen for violation of the code of conduct:
- Loss of mandate (Art. 57 and 82, N° 11 and N° 12 (17) of the Constitution, Art. 35 to 37 of the Standing Orders; unauthorised absence from the country, incompatibilities, etc.)
- Suspension, loss of mandate (Art. 38 (2) and (4) of the Constitution: sentencing to punishment involving penal servitude, in criminal proceedings, via a final judgement)
· Competent body to judge such cases/to impose penalties:
- Loss of mandate: the competent court
- Suspension, loss of mandate: the Constitutional Court
· Procedure:
- Loss of mandate (Art. 57 and 82, N° 11 and N°12 (17) of the Constitution, Art. 35 to 37 of the Standing Orders of the Chamber of Deputies)
- Suspension, loss of mandate (Art. 58 (2) and (4) of the Constitution) |
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
