| Parliament name (generic / translated) |
Congreso de la República / Congress of the Republic |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
· Free representation |
| Start of the mandate |
· When the MPs take the oath (Art. 58 of the Organic Law of the Legislative Organ; see also Art. 59 and 165 of the Organic Law of the Legislative Organ) |
| Validation of mandates |
· Validation by the Congress (Art. 170 (a) of the Constitution of 31.05.1985, as amended on 17.11.1993; for eligibility and incompatibilities, see Art. 162, 164, and 170 (d) of the Constitution and Loss of mandate for incompatibilities) |
| End of the mandate |
· On the day when the newly elected Parliament meets |
| Can MPs resign? |
Yes |
· Yes, of their own free will (Art. 60 of the Organic Law of the Legislative Organ)
· Procedure (Art. 170 (c) and (d) of the Constitution, Art. 60 of the Organic Law of the Legislative Organ)
· Authority competent to accept the resignation: the Congress
|
| Can MPs lose their mandate ? |
Yes |
Definitive exclusion from Parliament by the latter:
- Failure to attend plenary sittings (Art. 157 (3) and 170 (d) of the Constitution, Art. 66 (4) of the Organic Law of the Legislative Organ)
- Judicial decision: firm condemnatory sentence (Art. 161 (b) (4) of the Constitution, Art. 61 (1), (3) and (4) of the Organic Law of the Legislative Organ)
- Loss of mandate for incompatibilities (Art. 164 of the Constitution, Art. 61 (2) to (4) of the Organic Law of the Legislative Organ) |
| STATUS OF MEMBERS |
| Rank in hierarchy |
|
| Indemnities, facilities and services |
· Official passport
· Basic salary (see also Art. 55 (b) and 56 (1) of the Organic Law of the Legislative Organ): $ 3,000 per month
· No exemption from tax
· Pension scheme
· Other facilities:
(a) Assistants (Art. 55 (d) of the Organic Law of the Legislative Organ, see also Art. 153 to 163 of the Organic Law of the Legislative Organ)
(b) Travel and transport if on official business of the Congress
|
| Obligation to declare personal assets |
No |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 161 (b) of the Constitution, Art. 54 of the Organic Law of the Legislative Organ).
· Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament.
· Derogations: arbitrariness, excess of personal initiative, action tending to undermine the principle of no re-election for the exercise of the Presidency of the Republic (Art. 161 (b) of the Constitution), offence or insult (Art. 83 (e) and (f), 87, and 88 of the Organic Law of the Legislative Organ; see Discipline)
· Non-accountability takes effect on the day when the deputy is declared elected. It does not offer, 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 (Art. 161 (a) and (b) (4) of the Constitution, Art. 54 of the Organic Law of the Legislative Organ).
· 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. It does not protect them from their homes being searched.
· Derogations: in case of flagrante delicto, the MP is immediately placed at the disposition of the Bureau or the Permanent Commission of the Congress for the purpose of the corresponding initial judgement (antejuicio, Art. 161 (a) of the Constitution, Art. 135 to 138 of the Organic Law of the Legislative Organ).
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided from the day when the deputy has been declared elected to the end of the mandate. It does not cover judicial proceedings instituted against MPs before their election but a candidate cannot be sworn in if criminal judicial proceedings are pending against him.
· Parliamentary immunity (inviolability) can be lifted (Art. 161 (a) of the Constitution):
- Competent authority: the Supreme Court
- Procedure. In this case, MPs must be heard. They 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 occasionally a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by national or international organisations.
· 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 (Art. 62 of the Organic Law of the Legislative Organ; for excuses and leave, see Art. 63 to 65 of the Organic Law of the Legislative Organ).
· Penalties foreseen in case of failure to fulfil this obligation (Art. 157 (3) and 170 (d) of the Constitution, Art. 66 of the Organic Law of the Legislative Organ): deduction of indemnities, written admonition, private call to attention, further sanctions, loss of mandate
· Body competent to judge such cases/to apply the penalties: the Board, the Committee on Rules of Procedures, the Congress
|
| Discipline |
· The rules governing discipline within Parliament are contained in Art. 83 (d) to (g), and 86 to 88 of the Organic Law of the Legislative Organ.
· Disciplinary measures foreseen:
- Warning (Art. 83 (d) and (e) of the Organic Law of the Legislative Organ)
- Call to order (Art. 83 (d) and (e) of the Organic Law of the Legislative Organ)
- Prohibition to take the floor (Art. 83 (e) of the Organic Law of the Legislative Organ)
- Order to discontinue the speech (Art. 87 of the Organic Law of the Legislative Organ)
- Suspension from taking the floor (Art. 86 of the Organic Law of the Legislative Organ)
- Deletion from the records (Art. 86 of the Organic Law of the Legislative Organ)
- Order to present apologies
- Exclusion from Parliament (Art. 157 (3) and 170 (d) of the Constitution, Art. 66 of the Organic Law of the Legislative Organ)
· Specific cases:
- Offence or insult (Art. 83 (e) and (f), 87, and 88 of the Organic Law of the Legislative Organ)
- Warning, call to order, prohibition to take the floor, offence or insult: the President; the Congress (appeal)
- Suspension from taking the floor, deletion from the records, order to discontinue the speech, offence or insult: the President
- Exclusion from Parliament: the Congress
· Procedure:
- Warning and call to order (Art. 83 (d) and (f) of the Organic Law of the Legislative Organ)
- Warning, call to order, prohibition to take the floor, offence or insult (Art. 83 (e) and (f) of the Organic Law of the Legislative Organ)
- Order to discontinue the speech, offence or insult (Art. 87 and 88 of the Organic Law of the Legislative Organ)
- Suspension from taking the floor, deletion from the records (Art. 86 of the Organic Law of the Legislative Organ)
- Exclusion from Parliament (Art. 157 (3) and 170 (d) of the Constitution, Art. 66 of the Organic Law of the Legislative Organ)
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 161 (b) (4), 164 of the Constitution, Art. 53, 61, and 67 of the Organic Law of the Legislative Organ; for the declaration of personal assets, see Obligation to declare personal assets).
· Penalties foreseen for violation of the rules of conduct:
- Suspension, exclusion from Parliament (Art. 161 (b) (4) of the Constitution, Art. 61 (1), (3) and (4) of the Organic Law of the Legislative Organ; judicial proceedings and condemnatory sentence)
- Suspension, exclusion from Parliament (Art. 164 of the Constitution, Art. 61 (2) to (4) of the Organic Law of the Legislative Organ; incompatibilities)
- Private or public admonition, vote of censure (Art. 53 and 67 of the Organic Law of the Legislative Organ)
- Suspension, exclusion: the Congress
- Private or public admonition, vote of censure: the Board; the Congress (appeal)
· Procedure:
- Suspension, exclusion from Parliament (Art. 161 (b) (4) of the Constitution, Art. 61 (1), (3) and (4) of the Organic Law of the Legislative Organ). In this case, MPs have (no) means of recourse.
- Suspension, exclusion from Parliament (Art. 164 of the Constitution, Art. 61 (2) to (4) of the Organic Law of the Legislative Organ).
- Private or public admonition, vote of censure (Art. 53 and 67 of the Organic Law of the Legislative Organ). |
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
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