| Parliament name (generic / translated) |
Assemblée nationale / National Assembly |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
· Free representation (Art. 52 (1) of the Constitution of 14.10.1992, Art. 151 (2) of the Electoral Code; see also Art. 56 (1) of the Con-stitution) |
| Start of the mandate |
· When the results are declared |
| Validation of mandates |
· Validation by the Constitutional Court
· Procedure: it validates the mandates after having received the provisional results of the National Electoral Commission. The procedure is the one used for solemn audiences.
|
| End of the mandate |
· On the day when the legal term of the House ends (see Art. 156 of the Electoral Code) - or on the day of early dissolution, see Art. 68 of the Constitution) |
| Can MPs resign? |
Yes |
· Yes, of their own free will
· Procedure (Art. 6 of the Standing Orders): resignations are addressed to the President of the National Assembly, who notifies the Assembly at its next sitting and informs the Government accordingly.
· Authority competent to accept the resignation: the agreement of the National Assembly is not required.
|
| Can MPs lose their mandate? |
Yes |
Loss of mandate by judicial decision:
- Loss for incompatibilities (Art. 172 (4) of the Electoral Code)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
|
| Indemnities, facilities and services |
|
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept exists (Art. 53 (1) and (2) of the Constitution).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament. (Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament.)
· 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. 53 (1), (3), and (5) 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 involving flagrante delicto, the lifting of parliamentary immunity is not required for arrest or prosecution.
· 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. 53 (3) and (5) of the Constitution:
- Competent authority: the National Assembly; the Board of the National Assembly (for arrests when Parliament is in recess)
- Procedure: vote on a resolution examined by a special committee. In this case, MPs can be heard. They have means of appeal.
· Parliament can suspend the prosecution and/or detention of one of its members (Art. 53 (6) of the Constitution):
- Competent authority: the National Assembly
- Procedure (Art. 78 (3) of the Standing Orders): vote by a two-thirds majority
· 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 consists of a discussion on the Standing Orders at the start of each legislature.
· It is provided by Parliament.
· There is no handbook of parliamentary procedure.
|
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at committee meetings.
· Penalties foreseen in case of failure to fulfil this obligation:
- Call to order after three consecutive absences
- One year's suspension from the committee
- Three months' loss of one-third of the basic salary
|
| Discipline |
· The rules governing discipline within Parliament are contained in Art. 60 (7) and 69 to 73 of the Standing Orders.
· Specific cases:
- Offence or insult (Art. 60 (7) of the Standing Orders)
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 172 of the Electoral Code).
· Penalties foreseen for violation of the rules of conduct: loss of mandate (Art. 172 (4) of the Electoral Code; incompatibilities)
· Competent body to judge such cases/to impose penalties: the Constitutional Court |
| Relations between MPs and pressure group |
· There is a legal provision in this field (Art. 7 (2) of the Constitution; ban on creating parties which identify themselves with a given region, ethnic group or religion). |
Compare data for parliamentary chambers in the Mandate module
