| 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. 39 (1) of the Constitution of 26 March 1991, with the amendments of 18.03.1994 and 22.04.1997) |
| Start of the mandate |
· When the results are declared |
| Validation of mandates |
· Validation by the Constitutional Court only in case of challenge (Art. 84 (1) (d) of the Constitution)
· Procedure (Art. 84 (1) (d) and (2) and 92 of the Constitution, Art. 105 to 120 of the Electoral Code) |
| End of the mandate |
· On the day when the legal term of the House ends - or on the day of early dissolution (see Art. 35 (2) of the Constitution and Art. 160 (2) of the Electoral Code) |
| Can MPs resign? |
Yes |
· Yes, of their own free will
· Procedure
· Authority competent to accept the resignation: the resignation does not need to be accepted. |
| Can MPs lose their mandate ? |
Yes |
(a) Revocation before expiry of mandate by the party: in the event of exclusion or resignation in the statutory conditions of his party
(b) Loss of mandate by judicial decision:
- In case of final sentencing following lifting of immunity
- In case of annulment of elections by the Constitutional Court (Art. 5 of the Standing Orders of the National Assembly; see Validation of mandates)
- In case of revocation for ineligibility by the Supreme Court (Art. 181 of the Electoral Code in conjunction with Art. 4 (3) of the Constitution and Art. 8 to 10, 12, 168 and 169 of the Electoral Code)
(c) Loss of mandate for incompatibility (Art. 13, 174 and 175 of the Electoral Code) |
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The President
2. The Vice-Presidents (6)
3. The Questors (2) and Secretaries (6)
4. Committee Chairpersons
5. Committee Vice-Chairpersons
6. Committee Rapporteurs
7. Substitute Committee Rapporteurs
8. Committee members
9. Leaders of political groups
10. Deputy leaders of political groups
11. The other Members |
| Indemnities, facilities and services |
· Diplomatic passport (Art. 93 (3) and (4) of the Standing Orders of the National Assembly)
· Basic salary: FF 17,000 + Sessional allowance: FF 300/day
· No tax exemption for the basic salary. The sessional allowance is tax exempt.
· Special pension scheme
· Other facilities:
(a) Assistants (see also Art. 94 of the Standing Orders of the National Assembly): cabinet composed of a parliamentary attaché and a secretary
(b) Official car for Board members
(c) Security guards for the President
(d) Travel and transport: free transport at the opening and close of sessions
(e) Other: health insurance |
| Obligation to declare personal assets |
No |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept exists (Art. 38 (1) of the Constitution, Art. 68 (1) of the Standing Orders of the National Assembly).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: offence or insult (Art. 47, 59 (1), 60, N° 3 and 62 (1), N° 3 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. 38 (2) of the Constitution, Art. 68 (2) and (3) of the Standing Orders of the National Assembly).
· It applies only to criminal 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:
- When Parliament is in session, MPs may, in cases of flagrante delicto, be prosecuted or arrested in criminal proceedings without the authorisation of the Board of the Assembly.
- When Parliament is not in session, MPs may, in cases of flagrante delicto, authorised prosecution or final sentencing, be arrested without the authorisation of the Board of the Assembly.
· 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. 38 (2) of the Constitution, Art. 68 (2) and (3) of the Standing Orders of the National Assembly):
- Competent authority: the Board of the National Assembly
- Procedure (Art. 38 (3) of the Constitution, Art. 69 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. 38 (3) of the Constitution, Art. 68 (4) and 69 of the Standing Orders of the National Assembly)
- Competent authority: the Board of the National Assembly
- Procedure (Art. 38 (3) of the Constitution, Art. 68 (4) and 69 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 no training/initiation process on parliamentary practices and procedures for MPs.
· 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 plenary sittings and committee or any other meetings (Art. 38 of the Standing Orders of the National Assembly). See also Art. 66 of the Standing Orders of the National Assembly.
· Penalties foreseen in case of failure to fulfil this obligation (Art. 61 of the Standing Orders): censure with reduction or forfeiture of the daily sessional allowances or suspension of monthly salary (see Discipline)
· Body competent to judge such cases/to impose penalties: the National Assembly, on a proposal of the President |
| Discipline |
· The rules governing discipline within Parliament are contained in Art. 15 (2), N°4, 45, 47, 48, 51 and 58 to 64 of the Standing Orders.
· Disciplinary measures foreseen (Art. 58 of the Standing Orders):
- Call to order (Art. 59 (1) and (2) of the Standing Orders)
- Call to order with entry in the record (Art. 59 (3) of the Standing Orders)
- Censure (Art. 60 and 63 of the Standing Orders)
- Censure with reduction or forfeiture of the sessional daily allowances or suspension of monthly salary (Art. 61 and 63 of the Standing Orders)
- Censure with temporary exclusion and possibly with non-payment of daily allowances (Art. 62 and 63 of the Standing Orders)
- Withdrawal of the floor (Art. 48 of the Standing Orders)
- Warning for irrelevance (Art. 51 (1) of the Standing Orders)
- Loss of speaking rights (Art. 51 (2) of the Standing Orders)
- Suspension or lifting of the sitting (Art. 62 (3), 64 (1) and (4) of the Standing Orders)
· Specific cases:
- Offence or insult (Art. 47, 59 (1), 60, N° 3 and 62 (1), N° 3 and (4) of the Standing Orders): call to order; call to order with entry in the record; censure; censure with reduction or forfeiture of daily sessional allowances or suspension of monthly salary; censure with temporary exclusion and possibly non-payment of daily allowances
- Indictable acts (Art. 64 of the Standing Orders): suspension of the debate under way; briefing of the National Assembly; order to leave the room and obligation to remain on the premises; lifting of the sitting
- Uproar (Art. 64 (4) of the Standing Orders): lifting of the sitting
· Competent body to judge such cases/to impose penalties (Art. 15 (2), N° 4 and 45 of the Standing Orders):
- Call to order, call to order with entry in the record, withdrawal of the floor, warning for irrelevance, loss of speaking rights, suspension or lifting of the sitting, offence or insult, indictable acts, uproar: the President
- Censure, censure with reduction or forfeiture of sessional daily allowances or suspension of monthly salary, censure with temporary exclusion and possibly non-payment of daily allowances, offence or insult: the National Assembly, on a proposal by the President
· Procedure:
- Call to order, offence or insult (Art. 59 (1) and (2) of the Standing Orders)
- Call to order with entry on the record, offence or contempt (Art. 59 (3) of the Standing Orders)
- Censure, offence or insult (Art. 63 of the Standing Orders)
- Censure with reduction or forfeiture of sessional daily allowances or suspension of monthly salary, offence or contempt (Art. 61 and 63 of the Standing Orders)
- Censure with temporary exclusion and possibly non-payment of daily allowances, suspension of the sitting, offence or insult (Art. 62 (2) to (4) and 63 of the Standing Orders)
- Withdrawal of the floor, warning for irrelevance, loss of speaking rights (Art. 48 and 51 of the Standing Orders)
- Indictable acts, uproar, suspension or lifting of the sitting (Art. 64 of the Standing Orders) |
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system, but there are some relevant provisions (Art. 13, 174 to 176, 179 and 180 of the Electoral Code, Art. 65 of the Standing Orders of the National Assembly).
· Penalties foreseen for violation of the rules of conduct:
- Loss of mandate (Art. 13, 174 and 175 of the Electoral Code; incompatibility)
· Competent body to judge such cases/to impose penalties:
- Loss of mandate:
· Procedure: |
| Relations between MPs and pressure group |
· There is a legal provision in this field (Art. 22 of the Standing Orders of the National Assembly; ban on establishing groups for the defence of special interests of a professional, religions, ethnic or provincial nature within the National Assembly). |
