| Parliament name (generic / translated) |
Parlamento / Parliament |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Cámara de los Diputados / Chamber of Deputies |
| Related chamber (for bicameral parliaments) |
Senado / Senate
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| NATURE |
| Nature of the mandate |
· Free representation (Art. 62 of the Fundamental Law of 16.11.1991, Rule 6 of the Rules of Procedure)
|
| Start of the mandate |
· When the results are declared (Rules 2 (1) and 7 of the Rules of Procedure)
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| Validation of mandates |
· Validation by the Constitutional Court only in case of challenge (Art. 95 (d) of the Fundamental Law). See Loss of mandate.
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| End of the mandate |
· On the day when the legal term of the House ends, that is on the day of new elections - or on the day of early dissolution (Rule 9 (1) No. 3 of the Rules of Procedure) (for early dissolution, see Art. 39 (p), 61 (1) and 66 of the Fundamental Law)
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| Can MPs resign? |
Yes |
· Yes, of their own free will (Rule 9 (1) No. 4 of the Rules of Procedure)
· Procedure (Rule 9 (2) of the Rules of Procedure): submission in writing to the President of the House through the Secretariat of the House, debate and decision of the plenary after opinion given by the Board of the House
· Authority competent to accept the resignation: the plenary of the House of Representatives
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| Can MPs lose their mandate ? |
Yes |
(a) Definitive exclusion from Parliament by the latter:
1. Decision of the plenary:
- Final court decision declaring the election or proclamation of a Representative invalid (Rule 9 (1) No. 1 of the Rules of Procedure)
- Final court decision declaring the Representative incapable of assuming the office of Representative (Rule 9 (1) No. 2 of the Rules of Procedure)
- Death (Rule 9 (1) No. 2 of the Rules of Procedure)
- Loss of mandate in accordance with Art. 54 of the Law Regulating the Legislative and Municipal Elections and Referenda, in conformity with Art. 62 of the Fundamental Law)
- Loss of mandate for indignity, with the consent of the House and at the request of the parliamentary groups or of at least twenty Representatives after hearing of the Representative concerned (Rule 9 (1) No. 6 of the Rules of Procedure)
- Loss of mandate for unjustified absence at three sittings without recognised reason and prior leave (Rule 9 (1) No. 7 of the Rules of Procedure)
- General procedure (Rule 9 (2) of the Rules of Procedure): decision by the plenary after opinion given by the Board of the House
2. Decision of the Board of the House:
- Loss of mandate for incompatibilities (Rules 16 and 49 (2) of the Rules of Procedure)
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| STATUS OF MEMBERS |
| Rank in hierarchy |
|
| Indemnities, facilities and services |
· Diplomatic passport for the President and the First and Second Vice-President. The other Representatives receive official passports (Rule 10 (4) of the Rules of Procedure)
· Basic salary (Rule 11 (1) and (2) of the Rules of Procedure): CFA 325,000 ($ 542)
· No exemption from tax
· No special pension scheme
· Other facilities:
(a) Official car for the President and the First and Second Vice-Presidents
(b) Security guards for the President
(c) Travel and transport when on official mission
(d) Others: social security (Rule 11 (3) to (5) of the Rules of Procedure)
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| Obligation to declare personal assets |
Yes |
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| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 68 (1) of the Fundamental Law, Rule 17 (1) of the Rules of Procedure).
· Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament, during and after the exercise of the mandate (see also Rule 20 of the Rules of Procedure).
· Derogations: offence or insult (Rules 87 No. 1 and 90 of the Rules of Procedure, 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.
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| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Art. 68 (2) of the Fundamental Law, Rule 17 (2) of the Rules of Procedure).
· It applies to criminal and civil 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.
· Derogations: in cases of flagrante delicto, the Representative can be arrested.
· 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. 68 (2) of the Fundamental Law, Rule 17 (2) of the Rules of Procedure):
- Competent authority: the Board of the House
- Procedure (Rule 19 of the Rules of Procedure). In this case, MPs must 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 (Rule 18 of the Rules of Procedure):
- Competent authority: the President
- Procedure (Rule 18 of the Rules of Procedure)
· In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament since their mandate is suspended (Rule 8 No. 5 of the Rules of Procedure).
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| EXERCISE OF THE MANDATE |
| Training |
· There is no training/initiation process on parliamentary practices and procedures for MPs.
· There is no handbook of parliamentary procedure.
|
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings, committee meetings and other meetings (Rule 13 of the Rules of Procedure).
· Penalties foreseen in case of failure to fulfil this obligation:
- Loss of one or all the rights granted by Rules 7 to 11 of the Rules of Procedure (Rule 83 (1) No. 1 of the Rules of Procedure; see Discipline)
- Loss of mandate (Rule 9 (1) No. 7 of the Rules of Procedure)
· Body competent to judge such cases/to impose penalties:
- Loss of one or all the rights granted by Rules 7 to 11 of the Rules of Procedure: the Board
- Loss of mandate: the plenary
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| Discipline |
· The rules governing discipline within Parliament are contained in Rules 8 No. 4, 14, 32 (1), 57 (2) and (5), 58, and 83 to 92 of the Rules of Procedure.
· Disciplinary measures foreseen:
- Interruption (Rule 57 (2) of the Rules of Procedure)
- Call to order, to the Chamber or to the public (Rules 57 (2), and 87 of the Rules of Procedure)
- Warning for irrelevance (Rules 57 (2) and 86 (1) of the Rules of Procedure)
- Withdrawal of the floor (Rules 57 (5), 86 (2), and 88 of the Rules of Procedure)
- Order to withdraw (Rules 84, 88, 89 (1), and 92 (1) of the Rules of Procedure)
- Suspension (Rules 8 No. 4, 84, 85, 89 (2), and 92 (2) of the Rules of Procedure)
- Loss of one or all the rights granted by Rules 7 to 11 of the Rules of Procedure (Rule 83 (1) No. 1 of the Rules of Procedure)
· Specific cases:
- Offence or insult (Rules 87 No. 1 and 90 of the Rules of Procedure): call to order, order to withdraw the words, deletion from the records, successive calls to order, order to withdraw, suspension for more than two sittings
· Competent body to judge such cases/to impose penalties (Rules 32 (1) and 91 of the Rules of Procedure):
- Interruption, call to order, to the Chamber or to the public, warning for irrelevance, withdrawal of the floor, order to withdraw, offence or insult: the President
- Suspension: the President; the plenary, on recommendation of the Board or the Commission on the Status of the Deputy in the House
- Loss of one or all the rights granted by Rules 7 to 11 of the Rules of Procedure: the Board
· Procedure:
- Interruption, call to order, to the Chamber or to the public, warning for irrelevance (Rule 57 (2), 86 (1), and 87 of the Rules of Procedure)
- Withdrawal of the floor, order to withdraw (Rule 57 (5), 84, 86 (2), 88, 89 (1), and 92 (1) of the Rules of Procedure)
- Suspension (Rules 8 No. 4, 84, 85, 89 (2), and 92 (2) of the Rules of Procedure)
- Loss of one or all the rights granted by Rules 7 to 11 of the Rules of Procedure (Rule 83 (1) No. 1 of the Rules of Procedure)
- Offence or insult (Rules 87 No. 1 and 90 of the Rules of Procedure)
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| Code (rules) of conduct |
This concept does not exist in the country's juridical system but there are some relevant provisions (Rules 9 (1) No. 6, (2), 15 (1), 16, and 49 (2) of the Rules of Procedure).
· Penalties foreseen for violation of the rules of conduct:
- Loss of mandate (Rule 9 (1) No. 6 of the Rules of Procedure, indignity)
- Loss of mandate (Rules 16, and 49 (2) of the Rules of Procedure, incompatibilities)
· Competent body to judge such cases/to impose penalties:
- Loss of mandate (indignity): the plenary, on recommendation of the Board
- Loss of mandate (incompatibilities): the Board
· Procedure:
- Loss of mandate (Rule 9 (2) of the Rules of Procedure, indignity).
- Loss of mandate (Rules 16, and 49 (2) of the Rules of Procedure, incompatibilities).
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| Relations between MPs and pressure group |
There are some legal provisions in this field (Art. 9 (2) of the Fundamental Law, Art. 3 and 17 (1) of the Law on Political Parties; prohibition to create parties based on certain criteria)
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