| Parliament name (generic / translated) |
Barlamane / Parliament |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
· Free representation (Art. 5 (1) (see also (2)) of the Constitution of 12.07.1991) |
| Start of the mandate |
· At the opening of the session following their election |
| Validation of mandates |
· Validation by the Constitutional Council only in case of challenge (Art. 49 and 84 of the Constitution)
· Procedure
|
| End of the mandate |
· On the day when the newly elected Parliament meets |
| Can MPs resign? |
Yes |
· Yes, of their own free will
· Procedure: by letter of resignation addressed to the President of the Chamber
· Authority competent to accept the resignation: the Board
|
| Can MPs lose their mandate ? |
Yes |
Loss of mandate by judicial decision: in the event of loss of civic rights |
| STATUS OF MEMBERS |
| Rank in hierarchy |
|
| Indemnities, facilities and services |
· Diplomatic passport
· Basic salary: MRO 160,000
+ Additional allowance for Board members, Presidents of standing committees, rapporteurs and Chairpersons of parliamentary groups: MRO 50,000
· Total exemption from tax for the basic salary and additional allowance
· No special pension scheme
· Other facilities:
(a) Travel and transport
(b) Others: family allowances
|
| Obligation to declare personal assets |
No |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 50 (1) of the Constitution).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: abuse, provocation, threat or insult (Art. 89, N° 3, 90 (1) (c) and (d), and (2) to (3), Art. 91 to 92 of the Standing Orders of the Senate; see Discipline)
· Non-accountability takes effect on the day when the mandate begins and 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. 50 (2) and (3) of the Constitution).
· It applies only to criminal proceedings, covers all offences 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 arrest in criminal proceedings are possible in cases of flagrante delicto (Art. 50 (2) of the Constitution).
- When Parliament is in recess, arrest is possible in cases involving flagrante delicto, authorised prosecution or final sentencing (Art. 50 (3) of the Constitution).
· Parliamentary inviolability prevents MPs from being called as witnesses before a judge or tribunal.
· Protection is provided from the start to the end of the mandate.
· Parliamentary immunity (inviolability) can be lifted :
- Competent authority: the Senate
- Procedure:
In this case, MPs can be heard. They do not have means of appeal.
· Parliament can subject the prosecution and/or detention to certain conditions
· Parliament can suspend the prosecution and/or detention of one of its members (Art. 50 (4) of the Constitution):
- Competent authority: the Senate
- 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 no training/initiation process on parliamentary practices and procedures for MPs, nor is there a handbook of parliamentary procedure. |
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings and committee and other meetings (see also Art. 36 of the Standing Orders).
· Penalties foreseen in case of failure to fulfil this obligation: disciplinary measures
· Body competent to judge such cases/to impose penalties: the President; the Senate, on a proposal by the President; the Board (see Discipline)
|
| Discipline |
· The rules governing discipline within Parliament are contained in Art. 35 (2), 38 (7) to (9), 42 and 87 to 94 of the Standing Orders.
· Disciplinary measures foreseen (Art. 87 of the Standing Orders):
- Call to order (Art. 42 (1) and 88 (1) to (3) of the Standing Orders)
- Call to order with entry in the record (Art. 88 (1) and (4) of the Standing Orders)
- Censure with one month's forfeiture of one-third of the basic salary and the entire duty allowance (Art. 89, 91 and 92 (2) of the Standing Orders of the Senate)
- Censure with temporary exclusion and two months' forfeiture of one-third of the basic salary and the entire duty allowance (Art. 90, 91 and 92 (2) of the Standing Orders)
- Deletion of comments from the record (Art. 38 (7) of the Standing Orders of the Senate)
- Warning for irrelevance (Art. 38 (8) of the Standing Orders)
- Prohibition on taking the floor (Art. 38 (9) of the Standing Orders)
- Suspension and lifting of the sitting (Art. 42 (2) and 90 (3) of the Standing Orders)
· Specific cases:
- Abuse, provocation, threat or insult (Art. 89, N° 3, 90 (1) (c) and (d) and (2) to (3), Art. 91 to 92 of the Standing Orders): censure with one month's forfeiture of one-third of the basic salary and the entire duty allowance; censure with temporary exclusion and two months' forfeiture of one-third of the basic salary and the entire duty allowance
- Personal attacks, manifestations or interruptions which cause a disturbance (Art. 42 of the Standing Orders): call to order; call to order with entry in the record; censure with one month's forfeiture of one-third of the basic salary and the entire duty allowance; censure with temporary exclusion and two months' forfeiture of the basic salary and the entire duty allowance; suspension and lifting of the sitting
- Criminal acts (Art. 93 of the Standing Orders): notification of the Senate; notification of the Chief Prosecutor
- Abuse of office (Art. 94 of the Standing Orders): censure with one month's forfeiture of one-third of the basic salary and the entire duty allowance; censure with temporary exclusion and two months' forfeiture of one-third of the basic salary and the entire duty allowance
· Competent body to judge such cases (see also Art. 35 of the Standing Orders):
- Call to order, call to order with entry in the record, deletion of comments from the record, warning for irrelevance, suspension and lifting of the sitting, personal attacks, manifestations or interruptions which cause a disturbance: the President
- Censure with one month's forfeiture of one-third of the basic salary and the entire duty allowance, censure with temporary exclusion and two months' forfeiture of one-third of the basic salary and the entire duty allowance, prohibition on taking the floor, abuse, provocation, threat or insult, abuse of office: the Senate, on a proposal by the President
- Criminal acts: the President; the Board
The President shall apply the measures.
· Procedure:
- Call to order (Art. 42 (1) and 88 (1) to (3) of the Standing Orders)
- Call to order with entry in the record (Art. 88 (1) and (4) of the Standing Orders)
- Censure with one month's forfeiture of one-third of the basic salary and the entire duty allowance (Art. 91 and 92 (1) of the Standing Orders)
- Censure with temporary exclusion and two months' forfeiture of one-third of the basic salary and the entire duty allowance (Art. 90 (2) and (3), 91 and 92 (2) of the Standing Orders)
- Deletion of comments from the record (Art. 38 (7) of the Standing Orders)
- Warning for irrelevance (Art. 38 (8) of the Standing Orders)
- Prohibition on taking the floor (Art. 38 (9) of the Standing Orders)
- Suspension and lifting of the sitting (Art. 42 (2) and 90 (3) of the Standing Orders)
- Abuse, provocation, threat or insult (Art. 89, N° 3, 90 (1) (c) and (d) and (2) to (3), Art. 91 to 92 of the Standing Orders)
- Personal attacks, manifestations or interruptions which cause a disturbance (Art. 42 of the Standing Orders)
- Criminal acts (Art. 93 of the Standing Orders of the Senate)
- Abuse of office (Art. 94 of the Standing Orders)
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there is one relevant provision (Art. 94 of the Standing Orders; see Discipline, Abuse of office).
· Penalties foreseen for violation of this rule (Art. 94 in conjunction with Art. 89 to 92 of the Standing Orders): simple censure or censure with temporary exclusion
· Competent body to judge such cases/to impose penalties: the Senate on a proposal by the President
· Procedure (Art. 89 to 92 of the Standing Orders).
|
| Relations between MPs and pressure group |
· There is one relevant rule (prohibition on the establishment, within the Senate, of groups for the defence of special local or professional interests; Art. 6 (6) of the Standing Orders). |
