| Parliament name (generic / translated) |
Parlamentul României / Parliament of Romania |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Senatul / Senate |
| Related chamber (for bicameral parliaments) |
Camera Deputatilor / Chamber of Deputies
|
| NATURE |
| Nature of the mandate |
· Free representation (Art. 66 of the Constitution of 08.12.1991) |
| Start of the mandate |
· When the Senate holds its constituent meeting, subject to the validation of mandates (Art. 67 (1) of the Constitution, Art. 160 of the Standing Orders of the Senate) |
| Validation of mandates |
· Validation by the Senate, on a proposal by a Validation Committee [references, texts or comments]· Procedure |
| End of the mandate |
· On the first day when the newly elected Parliament meets (Art. 67 (2) of the Constitution) |
| Can MPs resign? |
Yes |
· Yes, of their own free will (Art. 171 of the Standing Orders of the Senate)
· Procedure (Art. 67 (2) of the Constitution, Art. 171 of the Standing Orders of the Senate)
· Authority competent to accept the resignation: the President of the Senate |
| Can MPs lose their mandate ? |
Yes |
(a) Loss of electoral rights (Art. 67 (2) of the Constitution)
(b) Loss of mandate for incompatibility (Art. 67 (2) and 68 of the Constitution ; also for assets not accounted for, see Consequences of the obligation to declare personal assets)
(c) Death (Art. 67 (2) of the Constitution) |
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament (Law on the allowances and other pecuniary rights of senators and deputies).:
1. The President
2. The Vice-Presidents of the Standing Board
3. The Secretaries and Questors of the Standing Board, the Chairpersons of standing committees and the leaders of parliamentary groups
4. The Vice-Chairpersons and Secretaries of standing committees
5. The other Senators
· Outside Parliament (Art. 97 of the Constitution) : the official order of precedence ranks the President of the Senate in the 2nd position. |
| Indemnities, facilities and services |
· Diplomatic passport
· Basic salary (Art. 71 of the Constitution): ROL 2 million/month + Sitting allowance: 2% of the basic salary per day of presence in parliamentary activities + Specific allowances for senators who fulfil functions on the Board, the standing committees, and for leaders of parliamentary groups
· No exemption from tax
· No special pension scheme
· Other facilities:
(a) Secretariat/assistants
(b) Official housing
(c) Security guards for the President and Vice-Presidents of the Senate; upon request also for the other senators with the approval of the countrys Supreme Defence Council
(d) Postal and telephone services: expenses reimbursed
(e) Travel and transport |
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept exists.
· Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament.
· Derogations:
· 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 exists (Art. 69 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: in cases of flagrante delicto, senators may be detained and subjected to a search. The Minister of Justice shall immediately inform the President of the Senate accordingly. Should the Senate note that the detention is not grounded, it shall immediately move that this measure be revoked (Art. 69 (2) 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. 69 (1) of the Constitution) :
- Competent authority: the Senate
- Procedure (Art. 69 (1) of the Constitution, Art. 149 and 152 of the Standing Orders of the Senate. In this case, MPs has to be heard (Art. 69 (1) of the Constitution). They do not have means of appeal.
· 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 cannot 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 is provided by the political parties and by civil society.
· Handbooks of parliamentary procedure: |
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings and committee meetings (Art. 168 of the Standing Orders of the Senate).
· Penalties foreseen in case of failure to fulfil this obligation: reduction of the monthly allowance and the sitting allowance
· Body competent to judge such cases/to impose penalties: the Standing Board, on a proposal by the Committee on Legal Affairs, Appointments, Discipline, Immunities and Validations |
| Discipline |
· The rules governing discipline within Parliament are contained in the IVth chapter, 5th section of the Standing Orders, and in the 1994 Decision on certain rules governing parliamentary polemics.
· Disciplinary measures foreseen [references, texts or comments]:
- Warning [references, texts or comments]
- Call to order [references, texts or comments]
- Prohibition on taking the floor [references, texts or comments]
- Exclusion from the room for the remainder of the sitting [references, texts or comments]
- Ban on taking part in the work of the Senate for 30 days maximum [references, texts or comments]
· Specific cases:
- Offence or insult (1994 Decision on certain rules governing parliamentary polemics) : all penalties foreseen
· Competent body to judge such cases/to impose penalties:
- Warning, call to order, ban on taking the floor, exclusion from the room for the remainder of the sitting, offence or insult: the Chairperson of the sitting/the committee
- Ban on taking part in the work of the Senate for 30 days maximum, offence or insult: the Board, on a proposal by the Committee on Legal Affairs, Appointments, Discipline, Immunities and Validations
· Procedure :
- Warning, call to order, ban on taking the floor, exclusion from the room for the remainder of the sitting, ban on taking part in the work of the Senate for 30 days maximum
- Offence or insult (1994 Decision on certain rules governing parliamentary polemics |
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system. For loss of mandate for incompatibility, see Loss of mandate; for declaration of personal assets, see Obligation to declare personal assets. |
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
