| Parliament name (generic / translated) |
Congreso / Congress |
| 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 |
· On 1 July of the year of elections (Art. 187 (2) of the Constitution of 20.06.1992)
|
| Validation of mandates |
· Validation by the Senate only in case of challenge (Art. 1 of the Rules of Procedure of the Senate)
· Procedure (Art. 196 to 198 of the Constitution, Art. 2 and 3, 14 to 21 of the Rules of Procedure of the Senate)
|
| End of the mandate |
· On the day when the legal term of the House ends, that is on 30 June of the fifth year of the legislature (Art. 187 (2) of the Constitution) (early dissolution not foreseen in the Constitution). For life-time senators (see Art. 189 of the Constitution), the mandate ends on death.
|
| Can MPs resign? |
Yes |
· Yes, of their own free will (Art. 201 (2) of the Constitution)
· Procedure (Art. 190 of the Constitution): written resignation; the Senate decides by a simple majority vote.
· Authority competent to accept the resignation: the Senate
|
| Can MPs lose their mandate ? |
Yes |
(a) Definitive exclusion from Parliament by the latter:
- Incompatibilities or ineligibilities (Art. 196 to 198, and 201 (1), No. 1 of the Constitution; see also Validation of mandates)
- Penalties foreseen for violation of the rules of conduct (Art. 201 (1), No. 2 of the Constitution)
- General procedure (Art. 190 of the Constitution)
(b) Loss of mandate for absence (Rule 90 of the Rules of Procedure of the Senate; see Participation in the work of Parliament)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The Board
2. The parliamentary groups
3. The committees
· Outside Parliament: the official order of precedence does not include senators.
|
| Indemnities, facilities and services |
· Diplomatic passport
· Basic salary + Representation allowance: $ 3,200
+ Additional allowance: $ 800
· Total exemption from tax
· Special pension scheme
· Other facilities:
(a) Secretariat/assistants (Art. 200 of the Constitution, Rules 43 to 48 of the Rules of Procedure of the Senate)
|
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 191 (1) of the Constitution).
· Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament.
· Derogations: offence or insult (Rule 154 of the Rules of Procedure of the Senate, 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 exist (Art. 191 (1) of the Constitution, see also Art. 3 of the Ley de Garantías de Fueros).
· It applies to criminal and civil proceedings, covers all offences and protects MPs only from arrest and from being held in preventive custody.
· Derogations: if caught in flagrante delicto in relation to a crime meriting a prison sentence, an MP can be arrested. Procedure (Art. 191 (1) of the Constitution; see also Art. 9 and 10 of the Ley de Garantías de Fueros).
· Parliamentary inviolability does prevent 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 (Art. 109 (2) of the Constitution):
- Competent authority: the Senate
- Procedure (Art. 109 (2) of the Constitution). 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.
|
| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by Parliament and the political parties.
· Handbooks of parliamentary procedure:
- Constitución Nacional
- Reglamento Interno de la Honorable Cámara de Senadores
|
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings and at committee meetings (Rule 30 of the Rules of Procedure of the Senate). For leave of absence, see Rules 30, 33, and 35 of the Rules of Procedure of the Senate.
· Penalties foreseen in case of failure to fulfil this obligation (Rules 31, 32, and 90 of the Rules of Procedure of the Senate): reduction of basic salary, suspension of up to two months without pay of basic salary, loss of mandate
|
| Discipline |
· The rules governing discipline within Parliament are contained in Art. 190 of the Constitution, and Rules 41 (h) and (j), 154, and 156 to 159 of the Rules of Procedure of the Senate.
· Disciplinary measures foreseen:
- Interruption (Rules 156 and 157 of the Rules of Procedure of the Senate)
- Warning for irrelevance (Rule 156 of the Rules of Procedure of the Senate)
- Call to order (Rules 158 and 159 of the Rules of Procedure of the Senate)
- Withdrawal of the floor (Rule 159 of the Rules of Procedure of the Senate)
- Prohibition to speak for the rest of the sitting (Rule 159 of the Rules of Procedure of the Senate)
- Admonition (Art. 190 of the Constitution)
- Suspension from Parliament without pay (Art. 190 of the Constitution
- Adjournment of Parliament, suspension of the sitting (Rule 41 (j) of the Rules of Procedure of the Senate)
· Specific cases:
- Offence or insult (Rule 154 of the Rules of Procedure of the Senate)
· Competent body to judge such cases/to impose penalties (Rule 41 (h) of the Rules of Procedure of the Senate):
- Interruption: another senator; the Senate
- Warning for irrelevance, adjournment of Parliament, suspension of the sitting: the President
- Call to order: the President, the Senate
- Admonition, suspension from Parliament without pay: the Senate
- Withdrawal of the floor
- Prohibition to speak for the rest of the sitting
- Offence or insult
· Procedure:
- Interruption, warning for irrelevance (Rules 156 and 157 of the Rules of Procedure of the Senate)
- Call to order, withdrawal of the floor, prohibition to speak for the rest of the sitting (Rules 158 and 159 of the Rules of Procedure of the Senate)
- Admonition, suspension from Parliament without pay (Art. 190 of the Constitution)
- Adjournment of Parliament, suspension of the sitting (Rule 41 (j) of the Rules of Procedure of the Senate)
- Offence or insult
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 190 and 201 (1), No. 2 of the Constitution).
· Penalties foreseen for violation of the rules of conduct:
- Admonition, suspension from Parliament without pay (Art. 190 of the Constitution; misconduct)
- Exclusion (Art. 201 (1), No. 2 of the Constitution; improper use of the influence stemming from his office; see also Loss of mandate)
· Competent body to judge such cases/to impose penalties: the Senate
· Procedure:
- Admonition, suspension from Parliament without pay (Art. 190 of the Constitution; misconduct)
- Exclusion (Art. 201 (1), No. 2 of the Constitution; improper use of the influence stemming from his office)
|
| Relations between MPs and pressure group |
· There are no legal provisions in this field.
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