| Parliament name (generic / translated) |
Saeima / Parliament |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
· Free representation |
| Start of the mandate |
· When the mandates are validated (see Validation of mandates) |
| Validation of mandates |
· Validation by the Saeima (Art. 18 of the Constitution of 15.02.1922, as amended up to and including 23.10.1998, Rule 1 of the Rules of Procedure)
· Procedure (Rules 2 and 3 of the Rules of Procedure; for substitute members, see Rules 5 (1) and 6 (1) of the Rules of Procedure) |
| End of the mandate |
· On the day when the newly elected Parliament meets (Art. 12, 13, and 49 of the Constitution, Rule 4 (2) No. 1 of the Rules of Procedure) (for early dissolution, see also Art. 48 and 50 of the Constitution) |
| Can MPs resign? |
Yes |
· Of their own free will (see Rule 4 (2) No. 2 of the Rules of Procedure). But see also Rule 11 of the Rules of Procedure (see Definitive exclusion from Parliament by the latter).
· Procedure (Rules 5 and 6 of the Rules of Procedure)
· Authority competent to accept the resignation: the resignation need not be accepted. |
| Can MPs lose their mandate ? |
Yes |
(a) No revocation before expiry of mandate by the electors (Art. 14 of the Constitution)
(b) Definitive exclusion from Parliament by the latter (Rule 4 (2) No. 3 in connection with Rules 18 (2) and 11 of the Rules of Procedure)
(c) Loss of mandate by judicial decision (Rule 4 (2) No. 3 in connection with Rule 18 (1) of the Rules of Procedure)
(d) Death (Rule 4 (2) No. 4 of the Rules of Procedure) |
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The Presidium (Chairman, two Deputy Chairmen, Secretary and Deputy Secretary)
2. The Chairmen of the Committees
3. The Leaders of the Saeima's factions
4. The other MPs
· Outside Parliament: |
| Indemnities, facilities and services |
· Diplomatic passport
· Basic salary (Art. 33 of the Constitution, Rules 12 (1) and (3), and 13 (1) of the Rules of Procedure): LVL 372 (US§ 219.48) per month + sitting allowance (Rules 12 (2) and 180 of the Rules of Procedure): LVL 6 (US$ 3.54) per Committee sitting + LVL 65 (US$ 38.35) per month for the Chairman or Deputy Chairman of a Committee
· No exemption from tax
· No special pension scheme
· Other facilities:
(a) Assistants (Rules 187 and 195 to 200 of the Rules of Procedure): up to two assistants with basic salary not exceeding the amount necessary for the salary of one assistant (LVL 180 (US$ 106.20)) per month; staff of the factions
(b) Official housing, official car, postal and telephone services, travel and transport (Rules 12 (2), 14, and 180 (1) of the Rules of Procedure): representation expenses of no more than LVL 219 (US$ 129.21) per month; subsistence allowance for business trips; free use of public transport in Latvia; reimbursement of other expenses
(c) Others:
- Transitional emoluments (Rule 13 (2) and (3) of the Rules of Procedure) |
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 28 of the Constitution).
· Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament.
· Derogations: defamatory statements which MPs know to be false, or defamatory statements about private or family life (Art. 28 of the Constitution)
· 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 (Art. 29 and 30 of the Constitution).
· It applies only to criminal and administrative proceedings, covers all offences and protects MPs from arrest and from being held in preventive custody, from the opening of judicial proceedings against them, from their homes being searched, and from administrative fines being levied.
· Derogations: in cases of flagrante delicto, MPs may be arrested. Procedure (Art. 29 of the Constitution).
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal but they have the right to refuse to give evidence under certain circumstances (Art. 31 of the Constitution).
· Protection is provided from the start to the end of the mandate, including between early dissolution of the House and the election of a new Parliament, and (does not) also cover(s) judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted (Art. 29 and 30 of the Constitution):
- Competent authority: the Saeima
- Procedure (Rules 17 and 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 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 (but see Procedure for cases of flagrante delicto). |
| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs. It consists of training seminars.
· It is organised by the Saeima's Chancellery and conducted by more experienced MPs and staff.
· 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 and committee meetings (Rule 7 of the Rules of Procedure). For leave of absence, see Rules 8 and 16 of the Rules of Procedure.
· Penalties foreseen in case of failure to fulfil this obligation:
(a) Plenary sittings:
- Fine of 20 % of the standard monthly salary for each sitting missed without a valid excuse (Rule 15 (1) of the Rules of Procedure)
- Penalty for absence with a non-valid excuse (Rule 15 (5) of the Rules of Procedure)
- Loss of mandate (Rule 4 (2) No. 3 in connection with Rule 18 (2) No. 4 of the Rules of Procedure)
(b) Committee meetings:
- Loss of sitting allowance (Rule 161 of the Rules of Procedure)
- Information of the MP's faction about the MP's absence at three successive meetings; in case of continuation, loss of Committee membership (Rule 165 in connection with Rules 33 (2) No. 3, (4), and 34 of the Rules of Procedure)
· Body competent to judge such cases/to impose penalties:
- Fine/penalty: the Presidium
- Loss of mandate: the Saeima
- Loss of sitting allowance/information of the MP's faction: the Committee Chairperson
- Loss of Committee membership: the Saeima |
| Discipline |
· The rules governing discipline within Parliament are contained in Rules 21 (1), 70, and 73 to 76 of the Rules of Procedure.
· Disciplinary measures foreseen:
- Interruption (Rule 73 of the Rules of Procedure)
- Reprimand (Rule 74 of the Rules of Procedure)
- Call to order (Rules 73 and 74 of the Rules of Procedure)
- Prohibition to take the floor (Rule 74 of the Rules of Procedure)
- Suspension from Parliament (Rules 74 and 75 of the Rules of Procedure)
- Suspension of the sitting, adjournment of the House (Rule 76 of the Rules of Procedure)
· Specific cases:
- Offence or insult (Rule 74 of the Rules of Procedure): call to order, prohibition to take the floor, suspension from Parliament
· Competent body to judge such cases/to impose penalties (Rule 21 (1) of the Rules of Procedure):
- Interruption, reprimand, call to order, prohibition to take the floor, suspension of the sitting, adjournment of the House, offence or insult: the Chairman
- Suspension from Parliament, offence or insult: the Saeima
· Procedure (Rules 73 to 76 of the Rules of Procedure) |
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 32 and 34 of the Constitution, Rule 10, and Rule 11 in connection with Rules 4 (2) No. 3 and 18 (2) No. 3 of the Rules of Procedure). For the declaration of assets, see Obligation to declare personal assets.
· Penalties foreseen for violation of the rules of conduct: loss of mandate (Rule 11 in connection with Rules 4 (2) No. 3 and 18 (2) No. 3 of the Rules of Procedure; incompatibilities)
· Competent body to judge such cases/to impose penalties: the Saeima
· Procedure (Rules 4 (2) No. 3 and 18 (2) No. 3 of the Rules of Procedure). In this case, MPs have (no) means of recourse. |
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
