| Parliament name (generic / translated) |
Staten-Generaal / States General |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Tweede Kamer der Staten-Generaal / House of Representatives |
| Related chamber (for bicameral parliaments) |
Eerste Kamer der Staten-Generaal / Senate
|
| NATURE |
| Nature of the mandate |
· Free representation (Art. 67 (3) of the Constitution of 17.02.1983, as amended to 10.07.1995) |
| Start of the mandate |
· When the MPs take the oath (Art. 60 of the Constitution) |
| Validation of mandates |
· Validation by the Second Chamber of the States-General (Art. 58 of the Constitution)
· Procedure (Art. 2 of the Rules of Procedure) |
| End of the mandate |
· On the day before the newly elected Parliament meets (for early dissolution, see Art. 64 of the Constitution) |
| Can MPs resign? |
Yes |
· Yes, of their own free will
· Procedure: letter to the Speaker
· Authority competent to accept the resignation: the resignation need not be accepted |
| Can MPs lose their mandate ? |
Yes |
Definitive exclusion from Parliament by the latter for loss of eligibility or for incompatibilities (Art. 3 (1) of the Rules of Procedure) |
| STATUS OF MEMBERS |
| Rank in hierarchy |
|
| Indemnities, facilities and services |
· Diplomatic or official passport for the Speaker, the President of the Committee on Foreign Affairs and some other MPs
· Basic salary (Art. 63 of the Constitution): 8,500 euros per month
+ Professional expense allowance: 1,250 euros per month
· Exemption from tax· Pension scheme
· Other facilities:
(a) Secretariat for parliamentary groups
(b) One assistant per MP, administrative staff of the House (Art. 13 and 14 of the Rules of Procedure)
(c) Official housing
(d) Postal and telephone services
(e) Travel and transport
(f) Others |
| Obligation to declare personal assets |
No |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 71 of the Constitution).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: offence or insult (Art. 58 (2) to 61 of the Rules of Procedure, see Discipline)
· 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 not exist.
· 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 can be authorised to attend sittings of Parliament. |
| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs. It consists of a general introduction course of two days provided by Parliament and a more specific introduction provided by parliamentary groups and some committees, given by former Members and officials of Parliament.
· Handbook of parliamentary procedure:
- Practical Guidelines for MPs |
| Participation in the work of the Parliament |
· It is not compulsory for MPs to be present at plenary sittings or committee meetings (but see Art. 48 of the Rules of Procedure). |
| Discipline |
· The rules governing discipline within Parliament are contained in Art. 47 (1), 57 (1), 58 to 62 of the Rules of Procedure.
· Disciplinary measures foreseen:
- Interruption (Art. 57 (1) of the Rules of Procedure)
- Warning for irrelevance (Art. 58 (1) and 62 of the Rules of Procedure)
- Reprimand (Art. 58 (2) and 62 of the Rules of Procedure)
- Order to discontinue the speech (Art. 59 and 62 of the Rules of Procedure)
- Exclusion from a meeting (Art. 60 and 62 of the Rules of Procedure)
- Deletion from the records (Art. 61 and 62 of the Rules of Procedure)
- Suspension or closure of the meeting (Art. 47 (1) of the Rules of Procedure)
· Specific cases:
- Offence or insult (Art. 58 (2) to 61 of the Rules of Procedure): reprimand, order to discontinue the speech, exclusion from a meeting, deletion from the records
· Competent body to judge such cases/to apply penalties: the Speaker
· Procedure:
- Interruption (Art. 57 (1) of the Rules of Procedure)
- Warning for irrelevance (Art. 58 (1) and 62 of the Rules of Procedure)
- Reprimand, offence or insult (Art. 58 (2) and 62 of the Rules of Procedure)
- Order to discontinue the speech, offence or insult (Art. 59 and 62 of the Rules of Procedure)
- Exclusion from a meeting, offence or insult (Art. 60 and 62 of the Rules of Procedure)
- Deletion from the records, offence or insult (Art. 61 and 62 of the Rules of Procedure)
- Suspension or closure of the meeting (Art. 47 (1) of the Rules of Procedure) |
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system. For the definitive exclusion from Parliament by the latter for loss of eligibility or for incompatibilities, see Loss of mandate. |
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
