| Parliament name |
- |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Deutscher Bundestag / German Bundestag |
| Related chamber (for bicameral parliaments) |
Bundesrat / Federal Council
|
| NATURE |
| Nature of the mandate |
· Free representation (Art. 38 (1) of the Basic Law of 23 May 1949, as amended up to and including 03.11.1995) |
| Start of the mandate |
· When the MP's acceptance letter has been received by the appropriate Returning Officer (S. 45 of the Federal Electoral Law)
· Procedure
|
| Validation of mandates |
· Validation by the Bundestag only in case of challenge (Art. 41 of the Basic Law)
· Procedure
|
| End of the mandate |
· On the day when the legal term of the House ends (= when the new Bundestag assembles, Art. 39 (1) of the Basic Law). In the case of an early dissolution (Art. 68 (1) of the Basic Law), similarly on the day when the new Bundestag assembles.
|
| Can MPs resign? |
Yes |
· Yes, of their own free will (see S. 46 (1) (No. 4) of the Federal Electoral Law
· Procedure (S. 46 (3) and S. 47 (1) (No. 4) and (3) of the Federal Electoral Law)
· Authority competent to accept the resignation: the President of the Federal Council (S. 47 (1) (No. 4) of the Federal Electoral Law)
|
| Can MPs lose their mandate? |
Yes |
(a) Definitive exclusion from Parliament by the latter:
- Criminal conviction or prison sentence of at least one year etc.
- Invalidity of the acquisition of membership (S. 46 (1) (No. 1) and S. 47 (1) (No. 1) and (2) of the Federal Electoral Law)
- Redetermination of election results (S. 46 (1) (No. 2) and (2), S. 47 (1) (No. 2) and (3) of the Federal Electoral Law)
- Loss of one of the prerequisites for eligibility at any time (S. 46 (1) (No. 3), S. 47 (1) (No. 3), (2) and (3), and S. 15 of the Federal Electoral Law)
- Resignation (S. 46 (1) (No. 4) and S. 47 (1) (No. 4) and (3) of the Federal Electoral Law; see Can MPs resign?)
- Determination of the unconstitutionality of the party or party section of which the Deputy is a member by the Federal Constitutional Court in accordance with Art. 21 (2) of the Basic Law (S. 46 (1) (No. 5) and (4), S. 47 (1) (No. 2) and (3) of the Federal Electoral Law)
(b) Loss of mandate for incompatibility:
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The President
2. The Vice-President
3. The Presidents of committees
4. The Parliamentary party chairpersons
|
| Indemnities, facilities and services |
· Diplomatic passport
· Basic salary (see Art. 48 (3) of the Basic Law and sections 11 (1) and (3) the Law of Deputies): 7,668 euros per month
· The basic salary is taxable (see also Others). The Expense Allowance is exempted from tax.
· Pension scheme
· Other facilities:
(a) Secretariat
(b) Assistants
(c) No official housing
(d) Official car: Deputies are entitled to free use of duty vehicles in the Berlin area.
(e) Security measures
(f) Postal and telephone services
(g) Travel and transport (Art. 48 (3) of the Basic Law)
(h) Others
|
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist, called indemnity (Art. 46 (1) of the Basic Law; see also Rule 107 of the Rules of Procedure of the Bundestag).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: defamatory insults (Art. 46 (1) of the Basic Law)
· 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, called immunity (Art. 46 (2) and (3) of the Basic Law; see also Rule 107 of the Rules of Procedure of the Bundestag).
· It applies to criminal proceedings, any other restriction of personal liberty (e.g. during civil proceedings) and to the institution of proceedings of forfeiture of basic rights (Art. 18 of the Basic Law). It covers all offences, and protects MPs, in the case of criminal proceedings, from arrest and from being held in preventive custody, from the opening of judicial proceedings against them and from their homes being searched.
· Derogations: in criminal cases, no permission has to be obtained from the Bundestag for the arrest of, or the initiation of criminal proceedings against, a Member, if he is apprehended in flagrante delicto or in the course of the following day (Art. 46 (2) of the Basic Law; Principle 6 of the Principles Governing Matters Relating to Immunity).
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal. However, MPs are to be questioned at the seat of the Bundestag during their stay there (S. 50 (1) of the Code of Criminal Procedure, S. 382 (2) of the Code of Civil Procedure).
· 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. 46 (2) and (3) of the Basic Law):
- Competent authority: the Bundestag or its Committee for the Scrutiny of Elections, Immunity and the Rules of Procedure
- Procedure: in this case, MPs cannot be heard. They can appeal to the Federal Constitutional Court.
· Parliament cannot subject the prosecution and/or detention to certain conditions, but has the right to be informed on the progress made in the proceedings.
· Parliament can suspend the prosecution and/or detention of one of its members (Art. 46 (4) of the Basic Law):
- Competent authority: the Bundestag or its Committee for the Scrutiny of Elections, Immunity and the Rules of Procedure
- Procedure
· 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 party groups.
· Handbooks of parliamentary procedure:
- Official Handbook of the Bundestag
- Guide for Deputies
- Texts of laws
- Legal commentaries on parliamentary questions
|
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings and committee meetings (S. 13 (2) of the Rules of Procedure of the Bundestag).
· Penalties foreseen in case of failure to fulfil this obligation: deductions from the expense allowance (S. 14 (1) of the Law on the Legal Status of Members of the Bundestag)
|
| Discipline |
· The rules governing discipline within Parliament are contained in Rules 7 (1), and 36 to 40 of the Rules of Procedure of the Bundestag, and in S. 90b of the Code of Criminal Procedure.
· Disciplinary measures foreseen :
- Warning for irrelevance (Rule 36 of the Rules of Procedure of the Bundestag)
- Call to order (Rule 36 of the Rules of Procedure of the Bundestag)
- Direction to discontinue speaking (Rule 37 of the Rules of Procedure of the Bundestag)
- Suspension of Members of the Bundestag (Rule 38 of the Rules of Procedure of the Bundestag)
- Suspension of the sitting (Rule 40 of the Rules of Procedure of the Bundestag)
· Specific cases:
- Disparagement of a legislative institution or of one of its Members (S. 90b of the Code of Criminal Procedure): imprisonment
· Competent body to judge such cases/to impose penalties:
- The President (Rule 7 (1) of the Rules of Procedure of the Bundestag); the Bundestag (objections to a call to order or to a suspension)
- Disparagement of a legislative institution or of one of its Members: the local public prosecutor's office or the responsible court
· Procedure:
- Warning for irrelevance (Rule 36 of the Rules of Procedure of the Bundestag)
- Call to order (Rules 36 and 39 of the Rules of Procedure of the Bundestag)
- Direction to discontinue speaking (Rule 37 of the Rules of Procedure of the Bundestag)
- Suspension of Members of the Bundestag (Rules 38 and 39 of the Rules of Procedure of the Bundestag)
- Suspension of the sitting (Rule 40 of the Rules of Procedure of the Bundestag)
- Disparagement of a legislative institution or of one of its Members (S. 90b of the Code of Criminal Procedure)
|
| Code (rules) of conduct |
· This concept does exist in the country's juridical system (Rule 18 of the Rules of Procedure of the Bundestag and Code of Conduct).
· Penalties foreseen for violation of the code of conduct:
- President's statement and publication of the statement (Rule 8 of the Code of Conduct)
· Competent body to judge such cases/to impose penalties:
- The President
· Procedure: in this case, MPs have no means of recourse.
|
| Relations between MPs and pressure group |
· There are legal provisions in this field (Rule 70 in relation with Annex 2 of the Rules of Procedure of the Bundestag; for the obligation for MPs to disclose functions in associations of trade and industry, and for the prohibition for MPs to accept any remuneration for the exercise of his office other than that provided for by law see Code of conduct).
|
Compare data for parliamentary chambers in the Mandate module
