| Parliament name (generic / translated) |
Congreso de la Unión / Congress of the Union |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Cámara de Senadores / Senate |
| Related chamber (for bicameral parliaments) |
Cámara de Diputados / Chamber of Deputies
|
| NATURE |
| Nature of the mandate |
· Free representation |
| Start of the mandate |
· When the senators take the oath (see Art. 128 of the Constitution of 05.02.1917, as amended up to and including 20.03.1997, Art. 62 (1), (2), and (4) of the Organic Law of the Congress, and Rules 8, 9, and 193 of the Congress Internal Rules) |
| Validation of mandates |
· Validation by the Federal Electoral Commission and, in case of challenge, by the Electoral Tribunal (Art. 41 S. III (8), 60, and 99 (4) (I), and (III) to (V) of the Constitution). Inquiry, in case of doubt on the legality of the entire process of election, by the Supreme Court of Justice (Art. 97 (3) of the Constitution).
· Procedure (Art. 41 S. III (8) and S. IV, 60, 97 (3), and 99 of the Constitution; see also Art. 60 (c) of the Organic Law of the Congress, Rules 5 to 7 of the Congress Internal Rules, and Art. 264 to 343-A of the Federal Code on Electoral Institutions and Procedures) |
| 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? |
No |
|
| Can MPs lose their mandate ? |
Yes |
(a) Definitive exclusion from Parliament by the latter:
- Loss of mandate for incompatibilities (Art. 62 and 125 of the Constitution)
- Loss of mandate for absence (Art. 63 (1) of the Constitution; see also Participation in the work of Parliament)
- Political trial (Art. 109 S. I, 110, and 114 (1) of the Constitution) |
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The Major Commission
2. The Speakers of the parliamentary groups
3. The President of the Governing Board of the Senate
4. The Presidents of the Standing Commissions
5. The other senators
· Outside Parliament: there is no official order of precedence. |
| Indemnities, facilities and services |
· Official passport
· Basic salary (see Art. 127 of the Constitution): US $ 4,000 per month
· No exemption from tax
· No special pension scheme
· Other facilities:
(a) Secretariat (see Art. 99 of the Organic Law of the Congress)
(b) Assistants (see Art. 77 S. III of the Constitution, Art. 99 of the Organic Law of the Congress, and Rule 21 (XII) of the Congress Internal Rules)
(c) Postal and telephone services
(d) Travel and transport
(e) Others: funeral costs and delegation (Rules 52, 195, and 204 of the Congress Internal Rules) |
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 61 of the Constitution, Art. 12, 13 (2), and 71 (1) and (2) (g) of the Organic Law of the Congress).
· Parliamentary non-accountability applies to words spoken and written by senators both within and outside Parliament.
· Derogations: offences, faults or omissions committed in carrying out the functions of senator (civil responsibility; waiver of immunity for criminal proceedings, Art. 12 (3) of the Organic Law of the Congress, but see Art. 14 of the Organic Law of the Congress; political trial (Art. 109 S. I, 110, and 114 (1) of the Constitution); offence or insult (Rules 105 and 107 of the Congress Internal Rules, see Discipline)
· Non-accountability takes effect on the day when the mandate begins and, after the expiry of the mandate, offers protection against prosecution for opinions expressed during the exercise of the mandate. |
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Art. 12 (3), 13 (2), and 71 (1) and (2) (g) of the Organic Law of the Congress).
· It applies only to criminal proceedings, covers all offences and protects senators from arrest and from being held in preventive custody, from the opening of judicial proceedings against them and from their homes being searched.
· No derogations are foreseen.
· Parliamentary inviolability does not prevent senators from being called as witnesses before a judge or tribunal.
· Protection is provided from the start to the end of the mandate, and in some cases also thereafter (see Procedure for waiver of immunity). It does not cover judicial proceedings instituted against senators before their election. However, senators found guilty before their election are not eligible.
· Parliamentary immunity (inviolability) can be lifted (Art. 12 (3) of the Organic Law of the Congress):
- Competent authority: the Chamber of Deputies or the senator himself
- Procedure (Art. 111, 112, and 114 (2) of the Constitution, see also Art. 14 of the Organic Law of the Congress). In this case, senators must be heard. They have no means of appeal.
· Parliament cannot make prosecution and/or detention subject to certain conditions. |
| EXERCISE OF THE MANDATE |
| Training |
· There is no training/initiation process on parliamentary practices and procedures for senators, nor is there a handbook of parliamentary procedure. |
| Participation in the work of the Parliament |
· It is compulsory for senators to be present at plenary sittings, committee meetings, and at Congress plenary sittings (Rule 45 (1) of the Congress Internal Rules). For leave of absence, see Art. 79 S. VIII of the Constitution, and Rules 47 to 49 of the Congress Internal Rules.
· Penalties foreseen in case of failure to fulfil this obligation:
- Reduction of monthly remuneration (Art. 64 of the Constitution)
- Publication of failure (Rule 50 of the Congress Internal Rules)
- Temporary replacement by alternates (Art. 63 (2) and (3) of the Constitution)
- Loss of mandate (Art. 63 (1) of the Constitution)
- Other sanctions on senator or party nominating him (Art. 63 (4) of the Constitution)
· Body competent to judge such cases/to impose penalties:
- Publication of failure (Rule 50 of the Congress Internal Rules): the Secretariat
- Other penalties (Art. 71 (2) (e) of the Organic Law of the Congress; see also Rule 21 (XVII) of the Congress Internal Rules): the President of the Governing Board |
| Discipline |
· The rules governing discipline within Parliament are contained in Rules 21 (II) and (VIII), 105, 107, and 109 of the Congress Internal Rules.
· Disciplinary measures foreseen:
- Call to order and warning for irrelevance (Rules 105 and 107 of the Congress Internal Rules)
- Suspension of the sitting (Rule 109 of the Congress Internal Rules)
· Specific cases:
- Offence or insult (Rules 105 and 107 of the Congress Internal Rules): call to order
· Competent body to judge such cases/to impose penalties (Rule 21 (II) and (VIII) of the Congress Internal Rules): the President
· Procedure:
- Call to order and warning for irrelevance, offence or insult (Rules 105 and 107 of the Congress Internal Rules)
- Suspension of the sitting (Rule 109 of the Congress Internal Rules)
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 62, 109 S. I, 110, 114 (1), and 125 of the Constitution). For the declaration of interests, see Obligation to declare personal assets.
· Penalties foreseen for violation of the rules of conduct:
- Loss of mandate (Art. 62 and 125 of the Constitution, incompatibilities; Art. 109 S. I, 110, and 114 (1) of the Constitution, political trial)
· Competent body to judge such cases/to impose penalties: the Parliament
· Procedure:
- Loss of mandate for incompatibilities. In this case, senators have (no) means of recourse.
- Loss of mandate through political trial (Art. 109 S. I, 110, and 114 (1) of the Constitution). In this case, senators have no means of recourse. |
| Relations between MPs and pressure group |
· There are some legal provisions in this field (Art. 25 (1) (c) and 38 (1) (n) of the Federal Code on Electoral Institutions and Procedures; prohibition of any accord between political parties and religious groups). |
