| Parliament name (generic / translated) |
Folketinget / Parliament |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
· Free representation (S. 56 of the Constitution Act of 05.06.1953) |
| Start of the mandate |
· On the election day, when the election has ended. Certain rights only accrue to MPs when their election has been approved and they have made the declaration of adherence to the Constitution Act (S. 32 (7) of the Constitution Act, SO 1 (8) and (9) of the Standing Orders of the Folketing)
· Procedure
|
| Validation of mandates |
· Validation by the Folketing on recommendation of a committee (S. 33 of the Constitution Act, SO 1 (2) to (7), and 7 (1) (2.) of the Standing Orders of the Folketing, S. 86 and 87 of the Parliamentary Election Act)
· Procedure
|
| End of the mandate |
· On the day of new elections (S. 32 (4) of the Constitution Act; the same applies in case of early dissolution, see S. 32 (2) and (3) of the Constitution Act) |
| Can MPs resign? |
Yes |
· Yes, of their own free will
· Procedure (SO 40 of the Standing Orders of the Folketing, S. 92 of the Parliamentary Election Act)
|
| Can MPs lose their mandate? |
Yes |
Definitive exclusion from Parliament by the latter:
- Loss of mandate for loss of eligibility (S. 29, 30, 32 (6), and 33 of the Constitution Act, and SO 7 (1) (2.) of the Standing Orders of the Folketing)
- Invalidation of election after approval by the Folketing (S. 33 of the Constitution Act, SO 1 (5) to (7), and SO 7 (1) (2.) of the Standing Orders of the Folketing)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
|
| Indemnities, facilities and services |
· Official passport. Certain MPs may apply for diplomatic passports.
· Basic salary (see also S. 58 of the Constitution Act): DKK 586,525 per year (as of 1 Oct. 2009)
+ Cost allowance: in accordance with residence
· Exemption from tax for the cost allowance. The basic salary is not exempted from tax.
· Pension scheme (Law on Election to the Danish Parliament, Lb. no. 271 of 13.05.1987, as amended by the laws no. 744 of 07.12.1988 and no. 245 of 19.04.1989)
· Other facilities:
(a) Secretariat
(b) Assistants
(c) Free housing for the 5 Members of the Presidium in Christiansborg
(d) Postal and telephone services
(e) Travel and transport
(f) Others
|
| Obligation to declare personal assets |
No |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (S. 57 of the Constitution Act).
· Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament, provided that they are pronounced in the exercise of the mandate.
· Derogations: consent of the Folketing; improper statements or offence (SO 29 (2) to (4) of the Standing Orders of the Folketing; 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 does exist (S. 57 of the Constitution Act).
· It applies to criminal and civil proceedings, covers all offences with the exception of minor offences (i.e. ticket fines), and protects MPs 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 the case of flagrante delicto, the consent of the Folketing is not necessary.
· 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 (S. 57 of the Constitution Act):
- Competent authority: the Folketing
In this case, MPs need not be heard. They do not 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 a training/initiation process on parliamentary practices and procedures for MPs. It consists of introduction lectures and courses.
· It is provided by officials of Parliament.
· Handbooks of parliamentary procedure:
- The Standing Orders of the Folketing
- Guide for Members of Parliament
|
| Participation in the work of the Parliament |
· It is not compulsory for MPs to be present at plenary sittings, committee meetings, or other meetings (for leave of absence, see S. 41 of the Constitution Act).
· There are no penalties foreseen.
|
| Discipline |
· The rules governing discipline within Parliament are contained in SO 29 to 31 of the Standing Orders of the Folketing.
· Disciplinary measures foreseen :
- Order to sit down (SO 29 (1) of the Standing Orders of the Folketing)
- Call to order (SO 29 (2) and (3) of the Standing Orders of the Folketing)
- Order to discontinue the speech (SO 29 (2) and (3) of the Standing Orders of the Folketing)
- Declining to call upon the Member to speak again (SO 29 (2) and (3) of the Standing Orders of the Folketing)
- Suspension from Parliament (SO 29 (2) and (3) of the Standing Orders of the Folketing)
- Adjournment or close of the sitting (SO 29 (4), and 30 of the Standing Orders of the Folketing)
- Closure of the debate (SO 31 of the Standing Orders of the Folketing)
· Specific cases:
- Improper statements or offence (SO 29 (2) to (4) of the Standing Orders of the Folketing)
· Competent body to judge such cases/to apply penalties:
- Order to sit down, call to order, order to discontinue the speech, declining to call upon the Member to speak again, adjournment or close of the sitting, improper statements or offence: the President
- Suspension from Parliament: the Standing Orders Committee
- Closure of the debate: the Folketing
· Procedure:
- Order to sit down (SO 29 (1) of the Standing Orders of the Folketing)
- Call to order, order to discontinue the speech, declining to call upon the Member to speak again, suspension from Parliament (SO 29 (2) and (3) of the Standing Orders of the Folketing)
- Adjournment or close of the sitting (SO 29 (4), and 30 of the Standing Orders of the Folketing)
- Closure of the debate (SO 31 of the Standing Orders of the Folketing)
- Improper statements or offence (SO 29 (2) to (4) of the Standing Orders of the Folketing)
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system. |
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
Compare data for parliamentary chambers in the Mandate module
