| Parliament name (generic / translated) |
Las Cortes Generales / The Cortes |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Senado / Senate |
| Related chamber (for bicameral parliaments) |
Congreso de los Diputados / Congress of Deputies
|
| NATURE |
| Nature of the mandate |
· Free representation (Art. 67 (2) of the Constitution of 29.12.1978, with amendments up to 27.08.1992; see also Art. 79 (3) of the Constitution) |
| Start of the mandate |
· When the Senators take the oath (see SO 11 and 12 of the Standing Orders of the Senate) |
| Validation of mandates |
· Validation by a final court judgement only in case of challenge ((in)validation of the election or the proclamation as a Senator; causes of ineligibility) |
| End of the mandate |
· On the day when the legal term of the House ends - or on the day of early dissolution (Art. 69 (6) of the Constitution, SO 18 (e) of the Standing Orders of the Senate; for possibilities of dissolution see Art. 99 (5) and 115 of the Constitution). The Permanent Deputation, however, continues to exercise its functions, on the expiration of the mandate or in case of dissolution, until the constitution of a new Parliament (Art. 78 (3) of the Constitution, SO 45 (3) of the Standing Orders of the Senate). |
| Can MPs resign? |
Yes |
· Yes, of their own free will (see also SO 18 (g) of the Standing Orders of the Senate)
· Procedure: the Senator must submit his resignation to the Board of the Senate.
· Authority competent to accept the resignation: the Board of the Senate
|
| Can MPs lose their mandate ? |
Yes |
(a) Revocation before expiry of mandate, in the case of appointed Senators, by the legislative Assemblies or the superior collective bodies of the Self-Governing Communities (SO 18 (f) of the Standing Orders of the Senate): when it is so decided and following a communication by those organs
(b) Definitive exclusion from Parliament by the latter:
- Loss of the general conditions for eligibility (SO 18 (d) of the Standing Orders of the Senate, Art. 70 of the Constitution, S. 6, 7, and 154 of the Representation of the Spanish People Organic Act; see also Causes of ineligibility)
(c) Loss of mandate by judicial decision:
- annulment of the election or the proclamation as a Senator through a final court judgement (SO 18 (a) of the Standing Orders of the Senate; see also Validation of mandates)
- final court judgement involving an absolute or a special incapacity to exercise a public function (SO 18 (b) of the Standing Orders of the Senate)
(d) Loss of mandate for incompatibilities (Art. 70 of the Constitution, SO 15 to 17 of the Standing Orders of the Senate, Supplementary Norm to SO 16 (1) and 17 (3) of the Standing Orders of the Senate of 17.03.1992, S. 6, 7, and 154 to 160 of the Representation of the Spanish People Organic Act). See also Obligation to declare personal assets)
(e) Death (SO 18 (c) of the Standing Orders of the Senate)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The President
2. The other members of the Board
3. The Spokesmen of the Parliamentary Groups
4. The Presidents of committees
|
| Indemnities, facilities and services |
· Diplomatic passport for the President
· Basic salary (see Art. 71 (4) of the Constitution): Pesetas 403,342/month (US $ 2,680/month)
+ Additional allowance (for living costs in Madrid): US $ 1,500/month
· Exemption from tax for the additional allowance. The basic salary is not exempt from tax.
· Pension scheme (SO 24 (2) (3) of the Standing Orders of the Senate)
· Other facilities:
(a) Secretariat for Members of the Board and Chairmen of committees
(b) Assistants for Members of the Board
(c) Official housing and security guards for the President
(d) Official cars for Members of the Board and Spokesmen of Parliamentary Groups
(e) Postal and telephone services
(f) Travel and transport (see SO 24 (1) of the Standing Orders of the Senate): free public transport and payment of travel costs
(g) Others: documentation services, bibliographies, travel agency, bank, restaurant
|
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 71 (1) of the Constitution).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament (see also Art. 67 (3) of the Constitution).
· Derogations: offence or insult (SO 101 of the Standing Orders 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 (SO 21 of the Standing Orders of the Senate).
|
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Art. 71 (2) and (3) of the Constitution, SO 22 (1) of the Standing Orders of the Senate).
· It applies only to criminal proceedings, covers all offences and protects MPs from arrest, from being held in preventive custody, and from the opening of judicial proceedings against them. It does not protect them from their homes being searched.
· Derogations: Senators may be detained in case of flagrante delicto. In this case, the Presidency of the Senate has to be informed immediately (SO 22 (1) of the Standing Orders of the Senate).
· 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 (SO 22 (1) of the Standing Orders of the Senate).
· Parliamentary immunity (inviolability) can be lifted (Art. 71 (2) of the Constitution, SO 22 (1) of the Standing Orders of the Senate):
- Competent authority: the Senate
- Procedure (Art. 71 (3) of the Constitution, SO 22 (2) to (5) of the Standing Orders of the Senate). In this case, Senators are heard (however, they are not heard on the issue of temporary suspension from the status of Senator). 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 no training/initiation process on parliamentary practices and procedures for MPs.
· Handbooks of parliamentary procedure:
- Practical Guide for Senators
- Standing Orders of the Senate
|
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings, committee meetings and other meetings (SO 20 of the Standing Orders of the Senate).
· Penalties foreseen in case of failure to fulfil this obligation (SO 23 (2) of the Standing Orders of the Senate)
· Body competent to judge such cases/to apply the penalties: the Senate, on the proposal of the Presidency
|
| Discipline |
· The rules governing discipline within Parliament are contained in SO 22, 23, 37, and 101 to 103 of the Standing Orders of the Senate.
· Disciplinary measures foreseen:
- Warning for irrelevance (SO 103 of the Standing Orders of the Senate)
- Call to order (SO 101 (1) of the Standing Orders of the Senate)
- Order to leave the sitting (SO 101 (2) of the Standing Orders of the Senate)
- Suspension from exercising parliamentary functions (SO 101 (3) of the Standing Orders of the Senate)
- Deprivation of allowance due to absence (SO 23 (2) of the Standing Orders of the Senate)
· Specific cases:
- Offence or insult (SO 101 of the Standing Orders of the Senate): call to order; order to leave the sitting; suspension from exercising parliamentary functions
- Prohibition to carry, display or use weapons/assault of another Senator or of a member of Government (SO 102 of the Standing Orders of the Senate): suspension from exercising parliamentary functions; loss of indemnities
- Definitive prosecution of a Senator (SO 22 (6) of the Standing Orders of the Senate): temporary suspension, eventually with deprivation of indemnities
· Competent body to judge such cases/to apply penalties (see also SO 37 (10) of the Standing Orders of the Senate):
- Warning for irrelevance, call to order, suspension from exercising parliamentary functions, offence or insult: the President
- Order to leave the sitting, offence or insult: the President; the Senate
- Deprivation of allowance due to absence: the Senate, on the proposal of the Presidency
- Prohibition to carry, display or use weapons/assault of another Senator or of a member of Government: the Board, the Senate
- Definitive prosecution of a Senator: the Senate
· Procedure:
- Warning for irrelevance (SO 103 of the Standing Orders of the Senate)
- Call to order/offence or insult (SO 101 (1) of the Standing Orders of the Senate)
- Order to leave the sitting/offence or insult (SO 101 (2) of the Standing Orders of the Senate)
- Suspension from exercising parliamentary functions/offence or insult (SO 101 (3) of the Standing Orders of the Senate)
- Deprivation of allowance due to absence (SO 23 (2) of the Standing Orders of the Senate)
- Prohibition to carry, display or use weapons/assault of another Senator or of a member of Government (SO 102 of the Standing Orders of the Senate)
- Definitive prosecution of a Senator (SO 22 (6) of the Standing Orders of the Senate)
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (SO 17 (1) and (2) of the Standing Orders of the Senate, S. 160 (3) and (4) of the Representation of the Spanish People Organic Act; see Loss of mandate for incompatibilities).
· Penalties foreseen for violation of these provisions: loss of mandate
· Competent body to judge such cases/to impose penalties:
- Loss of the mandate by law or by decision of the Senator concerned
· Procedure: see Loss of mandate for incompatibilities
|
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
