| Parliament name (generic / translated) |
Parlement / Parliament |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Assemblée nationale / National Assembly |
| Related chamber (for bicameral parliaments) |
Sénat / Senate
|
| NATURE |
| Nature of the mandate |
· Free representation (Art. 35 (2) and (3) of the Constitution of 03.11.1960, with amendments up to 16.08.1994) |
| Start of the mandate |
· When the last legislature ends |
| Validation of mandates |
· Validation by the Constitutional Council only in case of challenge (Art. 29 (6) and 30 (1) of the Constitution)
· Procedure (Art. 102 to 105 of the Electoral Code, Rules of Procedure before the Constitutional Council)
|
| End of the mandate |
· On the day when the legal term of the House ends (Art. 29 (3) of the Constitution; early dissolution not foreseen in the Constitution) |
| Can MPs resign? |
Yes |
· Yes, of their own free will (Art. 8 (1) of the Standing Orders of the National Assembly)
· Procedure (Art. 8 (1) and (5) of the Standing Orders of the National Assembly): resignations are addressed to the Speaker who informs the National Assembly accordingly at the next sitting. The President of the Republic is notified immediately of any resignations ac-cepted by the National Assembly.
· Authority competent to accept the resignation (Art. 8 (5) of the Standing Orders of the National Assembly): the National Assembly
|
| Can MPs lose their mandate ? |
Yes |
(a) Definitive exclusion from Parliament by the latter for non-attendance of sittings of the National Assembly (Art. 8 (2) to (5) of the Standing Orders)
(b) Loss of mandate by judicial decision:
- Loss of mandate for ineligibility or change in political affiliation (Art. 106 of the Electoral Code)
- Final judicial sentencing following the lifting of parliamentary immunity
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The President
2. The Vice-Presidents
3. The Questors
4. The Secretaries
5. The Committee Presidents
6. The leaders of parliamentary groups
7. The other deputies
· Outside Parliament: the official order of precedence ranks the President of the National Assembly in the 3rd position and the other deputies in the 6th position.
|
| Indemnities, facilities and services |
· Diplomatic passport
· Basic salary (see also Art. 38 of the Constitution): CFA F 923,000
+ Additional allowance: CFA F 200,000
· Exemption from tax for the additional allowance. The basic salary is not tax exempt.
· Pension scheme
· Other facilities:
(a) Official car for the President and the questors
(b) Telephone service within Parliament
(c) Travel and transport: 50% reduction on all national airlines
(d) Other
|
| Obligation to declare personal assets |
No |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept exists (Art. 36 of the Constitution, Art. 57 of the Standing Orders of the National Assembly).
· Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament.
· Derogations: offence or insult (Art. 34 (7), 67 (1), 69 (2), 70 (2) and (4) of the Standing Orders of the National Assembly; 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. 37 (1) of the Constitution, Art. 58 (1) and (2) of the Standing Orders of the National Assembly).
· It applies only to criminal proceedings, covers all offences with the exception of minor infractions (moving violations, etc.) 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.
· Derogations:
- When Parliament is in session, a deputy may be prosecuted or arrested in criminal proceedings in cases involving flagrante delicto.
- When Parliament is in recess, a deputy may be arrested in cases involving flagrante delicto, authorised prosecution or final sentencing.
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· 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. 37 (1) of the Constitution, Art. 58 (1) and (2) of the Standing Orders of the National Assembly):
- Competent authority: the National Assembly; the Board of the National Assembly (arrests during recesses)
- Procedure (Art. 15 (2), Art. 59 and 60 of the Standing Orders of the National Assembly). In this case, MPs can be heard. They do not have means of appeal.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament can suspend the prosecution and/or detention of one of its members (Art. 37 (2) of the Constitution, Art. 58 (3) of the Standing Orders of the National Assembly):
- Competent authority: the National Assembly
- Procedure (Art. 59 and 60 of the Standing Orders of the National Assembly)
· 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 a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by the parliamentary groups.
· Handbooks of parliamentary procedure:
- Standing Orders of the National Assembly
|
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at committee meetings (Art. 14 (2) of the Standing Orders of the National Assembly).
· Penalties foreseen in case of failure to fulfil this obligation:
- In plenary sitting (Art. 8 (2) of the Standing Orders of the National Assembly): compulsory resignation (see Loss of mandate)
- In committee (Art. 14 (4) of the Standing Orders of the National Assembly): automatic exclusion
· Body competent to judge such cases/to impose penalties:
- In plenary sitting: the National Assembly
- In committee: the Committee
|
| Discipline |
· The rules governing discipline within Parliament are contained in Art. 29 (1), Art. 34 (4 ) to (7), Art. 37 (1), Art. 65 (2) and (3), Art. 66 (4) and Art. 67 to 70 of the Standing Orders of the National Assembly.
· Disciplinary measures foreseen (Art. 68 of the Standing Orders of the National Assembly):
- Call to order (Art. 34 (5) and 69 (1) and (2) of the Standing Orders of the National Assembly)
- Call to order with entry in the record (Art. 34 (6) and 69 (3) of the Standing Orders of the National Assembly)
- Censure with two weeks' forfeiture of half of the basic salary (Art. 34 (6) and 70 (1) to (3) of the Standing Orders of the National Assembly)
- Censure with temporary exclusion and one month's forfeiture of half of the basic salary (Art. 70 (1) (4) and (5) of the Standing Orders of the National Assembly)
- Withdrawal of speaking rights (Art. 37 (1) of the Standing Orders of the National Assembly)
- Deletion of comments from the record (Art. 34 (4) and (5) of the Standing Orders of the National Assembly)
· Specific cases:
- Offence or insult (Art. 34 (7), 67 (1), 69 (2), 70 (2) and (4) of the Standing Orders): call to order; call to order with entry in the record; censure with two weeks' forfeiture of half of the basic salary; censure with temporary exclusion and one month's forfeiture of half of the basic salary
- Disturbance (Art. 65 (2) and ( 3), 66 (4) and 67 (1) of the Standing Orders): expulsion from the meeting room, arrest, drawing-up of an official report, referral to the Public Prosecutor
- Uproar (Art. 67 (2) and (3) of the Standing Orders): suspension of the sitting, lifting of the sitting
· Competent body to judge such cases/to impose penalties (Art. 29 (1) of the Standing Orders):
- Call to order, offence or insult, withdrawal of speaking rights, deletion of comments from the record uproar: the Speaker
- Call to order with entry in the record, censure with two weeks' forfeiture of half of the basic salary, censure with temporary exclusion and one month's forfeiture of half of the basic salary, offence or insult: the National Assembly
- Disturbance: the President, the clerks or officials responsible for maintaining order
· Procedure:
- Call to order, offence or insult (Art. 34 (5) and 69 (1) and (2) of the Standing Orders)
- Call to order with entry in the record, offence or insult (Art. 34 (6) and 69 (3) of the Standing Orders)
- Censure with two weeks' forfeiture of half of the basic salary, offence or insult (Art. 34 (6) and 70 (1) to (3) of the Standing Orders)
- Censure with temporary exclusion and one month's forfeiture of half of the basic salary, offence or insult (Art. 70 (1), (4) and (5) of the Standing Orders)
- Withdrawal of speaking rights (Art. 37 (1) of the Standing Orders)
- Deletion of comments from the record (Art. 34 (4) and (5) of the Standing Orders)
- Disturbance (Art. 65 (2) and (3) and 66 (4) of the Standing Orders)
- Uproar (Art. 67 (2) and (3) of the Standing Orders) |
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there is a relevant provision (Art. 74 in conjunction with Art. 68 of the Standing Orders).
· Penalties foreseen for violation of the this rule (Art. 74 in conjunction with Art. 68 of the Standing Orders):
- Call to order
- Call to order with entry in the record
- Censure with two weeks' forfeiture of half of the basic salary
- Censure with temporary exclusion and one month's forfeiture of the basic salary
· Competent body to judge such cases/to impose penalties:
- Call to order: the Speaker
- Call to order with entry in the record; censure with two weeks' forfeiture of half of the basic salary; censure with temporary exclusion and one month's forfeiture of half of the basic salary: the National Assembly
|
| Relations between MPs and pressure group |
· There is a legal provision in this field (Art. 9 (6) of the Standing Orders; ban on the formation of groups for the defence of special and professional interests within the National Assembly). |
