| Parliament name (generic / translated) |
Asamblea Legislativa / Legislative Assembly |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
· Free representation (Art. 106 (1) of the Constitution of 07.11.1949, with the amendments of 15 September 1997) |
| Start of the mandate |
· When the results are declared |
| Validation of mandates |
· No validation |
| End of the mandate |
· On the day when the legal term of the House ends (Art. 107 of the Constitution) (early dissolution not foreseen in the Constitution) |
| Can MPs resign? |
Yes |
· Yes, of their own free will (Art. 9 of the Electoral Code)
· Procedure
· Authority competent to accept the resignation: the Legislative Assembly (Art. 121, N°8 of the Constitution)
|
| Can MPs lose their mandate ? |
Yes |
Loss of mandate for incompatibility
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
|
| Indemnities, facilities and services |
· Diplomatic passport
· Basic salary (see also Art. 113 of the Constitution: USD 6,499 per month
· No exemption from tax (see also ruling of 20.08.1990 of the Constitutional Chamber of the Supreme Court of Justice)
· No pension scheme:
· Other facilities (see also Art. 113 of the Constitution):
(a) Assistants
(b) Postal and telephone services
(c) Travel and transport
(d) Other: archives and library (Art. 213 of the Standing Orders of the Legislative Assembly)
|
| Obligation to declare personal assets |
No |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 110 (1) of the Constitution).
· Parliamentary non-accountability applies to words spoken and written by MPs both and outside within Parliament, provided that this is in the exercise of their parliamentary functions.
· Derogations: offence or insult (Art. 27 (10) of the Standing Orders of the Legislative Assembly; see Discipline) |
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Art. 110 of the Constitution).
· It applies to criminal and civil 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, and, with regard to civil proceedings, only from arrest and from being held in preventive custody.
· Derogations: in criminal proceedings: in cases involving flagrante delicto, no derogations are foreseen.
· Protection is provided, in criminal proceedings, from the start to the end of the mandate and, in civil proceedings, only during sessions.
· Parliamentary immunity (inviolability) can be lifted (Art. 110/Art. 121 (9) of the Constitution):
- Competent authority: the Legislative Assembly or the member concerned
- Procedure for lifting of immunity by the Legislative Assembly (Art. 121 (9) and (10) of the Constitution, Art. 189 to 192 of the Standing Orders of the Legislative Assembly, Art. 171 to 182 of the Code of Penal Procedure). In this case, MPs can be heard.
· Parliament can suspend the detention of one of its members arrested in flagrante delicto in criminal proceedings (Art. 110 (2) of the Constitution; see also Authorisation to attend meetings of Parliament):
- Competent authority: the Legislative Assembly
- Procedure (Art. 110 (2) of the Constitution): order given by the Legislative Assembly
· In case of arrest in flagrante delicto in penal proceedings, the MPs concerned can be authorised to attend sittings of Parliament (Art. 110 (2) of the Constitution; see also Suspension of detention);
- Competent authority: the Legislative Assembly
- Procedure (Art. 110 (2) of the Constitution): order given by the Legislative Assembly
|
| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by the Legislative Assembly and the political parties.
· Handbooks of parliamentary procedure:
- Técnica Legislativa
- Manuel de Procedimientos Parlamentarios y Control Político
|
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings and committee meetings (Art. 2 (1), (2) and (4) of the Standing Orders of the Legislative Assembly; see also Art. 28 and 71 (e) of the Standing Orders of the Legislative Assembly, and Discipline).
· Penalties foreseen in case of failure to fulfil this obligation (Art. 117 of the Constitution, Art. 7 of the Standing Orders of the Legislative Assembly):
- Reminder of the attendance requirement
- Loss of allowances
· Body competent to judge such cases/to impose penalties:
- Reminder of the attendance requirement: the deputies present
- Loss of allowances: the President of the Legislative Assembly or the Committee
|
| Discipline |
· The rules governing discipline within Parliament are contained in Art.110 (2), 117 and 121 (10) of the Constitution, and Art. 7, 27 (10), 108 and 120 of the Standing Orders of the Legislative Assembly.
· Disciplinary measures foreseen:
- Reminder of the attendance requirement/loss of allowances (Art. 117 (1) of the Constitution, Art. 7 of the Standing Orders of the Legislative Assembly; see Participation in the work of Parliament)
- Call to order (Art. 27 (10) of the Standing Orders of the Legislative Assembly)
- Withdrawal of speaking rights (Art. 27 (10) and 108 of the Standing Orders of the Legislative Assembly)
· Specific cases:
- Offence or insult (Art. 27 (11) of the Standing Orders of the Legislative Assembly)
· Competent body to judge such cases/to impose penalties:
- Reminder of the attendance requirement/loss of allowances: the deputies present/the President of the Legislative Assembly or the Committee
- Call to order, withdrawal of speaking rights, offence or insult: the President
· Procedure:
- Reminder of the attendance requirement/loss of allowances (Art. 117 (1) of the Constitution, Art. 7 of the Standing Orders of the Legislative Assembly)
- Call to order, withdrawal of speaking rights, offence or insult (Art. 27 (11) and 108 of the Standing Orders of the Legislative Assembly) |
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (see Loss of mandate for incompatibility, and Lifting of immunity).
· Penalties foreseen for violation of these rules:
- Loss of mandate
- Suspension (Art. 110 (2) and 121 (9) of the Constitution, Art. 191 and 192 of the Standing Orders of the Legislative Assembly)
· Competent body to judge such cases/to impose penalties:
· Suspension:
- The Legislative Assembly
· Procedure:
- Loss of mandate for incompatibility
- Suspension |
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
