| Parliament name (generic / translated) |
Congreso Nacional / National Congress |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Senado / Senate |
| 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 (Art. 4 (4) of the Standing Orders of the Senate). Procedure (Art. 3 and 4 of the Standing Orders). |
| Validation of mandates |
· Validation by the Electoral Court for elected senators (Art. 84 of the Constitution of 11.08.1980, with the amendments of 22.12.1997), and, for appointed senators, by the body which appoints them (for these bodies, see Art. 45 of the Constitution)
· Procedure (Art. 84 of the Constitution)
|
| End of the mandate |
· On the day when the legal term of the House ends, with the exception of senators for life |
| 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 involving penal servitude, in criminal proceedings, by a final judgement
- Unauthorised absence from the country, incompatibilities, etc. (Art. 55, 57 and 82, N° 11 and N° 12 (17) of the Constitution, Art. 7 of the Standing Orders of the Senate)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The President
2. The Vice-President
3. The other senators
|
| Indemnities, facilities and services |
· Diplomatic passport
· Basic salary (see Art. 59 of the 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. 218 to 224 of the Standing Orders of the Senate)
(b) Assistants
(c) Official housing
(d) Official car for the President and the Vice-President
(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. 137, N° 6 of the Standing Orders of the Senate; 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 from arrest, 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 involving flagrante delicto, immunity does not have to be lifted and the senator is immediately handed over to the respective Appeals Court, with the corresponding summary information (Art. 58 (3) of the Constitution).
· Protection is provided from the start to the end of the mandate. It 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 46 of the Constitution).
· Parliamentary immunity (inviolability) can be lifted (Art. 58 (2) of the Constitution):
- Competent authority: the Appeals Court of the corresponding court of law
- Procedure (Art. 58 (2) and (4) of the Constitution). In this case, MPs cannot be heard. They 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 Senate
|
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings, committee meetings and other meetings.
· No penalties are foreseen in case of failure to fulfil this obligation.
|
| Discipline |
· The rules governing discipline within Parliament are contained in Art. 136 to 139 of the Standing Orders of the Senate.
· Disciplinary measures foreseen (Art. 138 (1) of the Standing Orders of the Senate):
- Call to order
- Warning
- Censure
- Forfeiture of speaking rights
- Forfeiture of speaking rights for three consecutive sittings
· Specific cases:
- Offence or insult (Art. 137, N° 6 of the Standing Orders of the Senate): call to order, warning, censure, forfeiture of speaking rights, forfeiture of speaking rights for three consecutive sittings
· Competent body to judge such cases/to impose penalties:
- Call to order, warning, censure, forfeiture of speaking rights, offence or insult: the President
- Forfeiture of speaking rights for three consecutive sittings, offence or insult: the Senate
· Procedure (Art. 136 to 139 of the Standing Orders of the Senate)
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system, but there are some relevant provisions (Art. 55, 57, 58 (2) and (4) and Art. 82, N° 11 and N° 12 (17) of the Constitution, Art. 7 of the Standing Orders of the Senate).
· Penalties foreseen for violation of the code of conduct:
- Loss of mandate (Art. 55, 57 and 82, N° 11 and N° 12 (17) of the Constitution, Art. 7 of the Standing Orders of the Senate; unauthorised absence from the country, incompatibilities, etc.)
- Suspension, loss of mandate (Art. 58 (2) and (4) of the Constitution; sentencing to punishment entailing penal servitude, in criminal proceedings, via a final judgment)
· 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. 55, 57 and 82, N° 11 and N° 12 (17) of the Constitution, Art. 7 of the Standing Orders of the Senate)
- 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. |
