| Parliament name (generic / translated) |
Assemblée Nationale / National Assembly |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
· Free representation (Art. 64 (1) and (2) of the Constitution of 25.02.1992) |
| Start of the mandate |
· When the mandates are validated by the Constitutional Court (see also Art. 7 of the Standing Orders of the National Assembly) |
| Validation of mandates |
· Validation by the Constitutional Court (Art. 86 and 87 of the Constitution)
· Procedure (Art. 86, 87 and 94 (1) of the Constitution)
|
| End of the mandate |
· On the day when the legal term of the House ends - or on the day of early dissolution |
| Can MPs resign? |
Yes |
· Yes, of their own free will (Art. 8 (1) of the Standing Orders)
· Procedure (Art. 8 (2) and (3) of the Standing Orders)
· Authority competent to accept the resignation: the National Assembly
|
| Can MPs lose their mandate ? |
Yes |
(a) Definitive exclusion from Parliament by the latter: compulsory resignation for non-attendance of parliamentary sittings (Art. 96 of the Standing Orders)
(b) Loss of mandate by judicial decision in the event of final sentending by the courts for felonies or crimes
(c) Compulsory resignation for incompatibility
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Outside Parliament: the official order of precedence ranks the deputies in the eighth position. |
| Indemnities, facilities and services |
· Diplomatic passport
· Basic salary see also Art. 95 (1) of the Standing Orders): $ 350
+ Sessional allowance: CFA F 10,500 per day's attendance during sessions
+ Lump sum for representation expenses for the President and for members Board (see also Art. 95 (2) and (3) of the Standing Orders)
· No exemption from tax
· Pension scheme
· Other facilities:
(a) Secretariat for parliamentary groups
(b) Assistants for each committee
(c) Official housing for the President
(d) Official car for the Presidents and Vice-Presidents
(e) Security guards for the President
(f) Postal and telephone services for all deputies
|
| Obligation to declare personal assets |
No |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 62 (1) and (2) of the Constitution).
· Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament.
· Derogations: offence or insult (Art. 43 (1), 45 (2), 46 and 47 (1) of the Standing Orders; see Discipline)
· Non-accountability takes effect on the day when the mandate begins.
|
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Art. 62 (3) and (4) of the Constitution).
· It applies only to criminal proceedings, covers all offences with the exception of parking tickets and protects MPs from arrest and from being held in preventive custody, from the opening of judicial proceedings against them and from their homes being searched.
· Derogations:
- When Parliament is in session, prosecution or arrests in criminal or correctional proceedings are possible in cases involving flagrante delicto (Art. 62 (3) of the Constitution).
- When Parliament is in recess, arrest is possible in cases involving flagrante delicto, authorised prosecution or final sentencing (Art. 62 (4) of the Constitution).
· 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. 62 (3) and (4) of the Constitution):
- Competent authority: the National Assembly, the Board
- Procedure (Art. 62 (3) and (4) of the Constitution, Art. 50 of the Standing Orders). In this case, MPs can be heard.
· 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. 62 (5) of the Constitution):
- Competent authority: the National Assembly
- Procedure (Art. 62 (5) of the Constitution, Art. 50 of the Standing Orders)
· In the event of preventive custody or imprisonment, the MPs concerned can be authorised to attend sittings of Parliament:
- Competent authority: the competent judge
|
| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs at the start of the legislature.
· It is provided by the political parties and NGOs.
|
| Participation in the work of the Parliament |
· It is not compulsory for MPs to be present at plenary sittings. However, they must attend committee meetings (Art. 30 (1) of the Standing Orders).
· Penalties foreseen in case of failure to fulfil this obligation:
- Plenary sitting: loss of mandate (Art. 96 of the Standing Orders)
- Committee: reduction of allowances, loss of committee membership (Art. 30 (2) and (3) of the Standing Orders)
· Body competent to judge such cases/to impose penalties:
- Plenary sitting: the National Assembly
- Committee: the Committee Officers
|
| Discipline |
· The rules governing discipline within Parliament are contained in Art. 41 to 49 of the Standing Orders.
· Disciplinary measures foreseen (Art. 44 of the Standing Orders):
- Call to order (Art. 45 (1) and (2) of the Standing Orders)
- Call to order with entry in the record (Art. 45 (3) and (4) of the Standing Orders)
- Simple censure with entry in the record (Art. 46, 48 and 49 (1) of the Standing Orders)
- Censure with temporary exclusion, possibly with suspension of the sitting (Art. 47, 48 and 49 (2) of the Standing Orders)
· Specific cases:
- Offence or insult (Art. 43 (1), 45 (2), 46 and 47 (1) of the Standing Orders): all penalties foreseen
- Disturbance (Art. 41 (2) and (3) of the Standing Orders): expulsion from the room, possibly with the establishment of a report and referral to the Chief Prosecutor
- Noisy signs of approval or disapproval (Art. 42 (3) of the Standing Orders): exclusion from the room
- Uproar (Art. 43 (2) and (3) of the Standing Orders): suspension of the sitting
· Competent body to judge such cases:
- Call to order, offence or insult, disturbance, noisy signs of approval or disapproval, uproar: the President
- Call to order with entry in the record, offence or insult: the President of the National Assembly
- Simple censure with entry in the record, censure with temporary exclusion, possibly with suspension of the sitting, offence or insult: the National Assembly
The President shall apply penalties.
· Procedure:
- Call to order (Art. 45 of the Standing Orders)
- Censure (Art. 47 (2) and (3), 48 and 49 of the Standing Orders)
- Offence or insult (Art. 43 (1), 45 (2), 46 and 47 (1) of the Standing Orders)
- Disturbance (Art. 41 (2) and (3) of the Standing Orders)
- Noisy signs of approval or disapproval (Art. 42 (3) of the Standing Orders)
- Uproar (Art. 43 (2) and (3) of the Standing Orders)
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there is a relevant provision (Art. 97 of the Standing Orders), as well as an unwritten code of ethics that everyone strives to respect without constraint. |
| Relations between MPs and pressure group |
· There is one legal provision (Art. 24 of the Standing Orders: prohibition of the establishment of parliamentary groups for the defence of special local or professional interests). |
