| Parliament name |
Congress |
| Structure of parliament |
Bicameral |
| Chamber name |
House of Representatives |
| Related chamber (for bicameral parliaments) |
Senate
|
| NATURE |
| Nature of the mandate |
· Free representation (see also Rule VIII (3) of the Rules of the House of Representatives) |
| Start of the mandate |
· When the MPs take the oath |
| Validation of mandates |
· Validation by the House of Representatives only in case of challenge (Art. I, S. 5 (1) of the Constitution of 1787, as amended up to May 1992)
· Procedure
|
| End of the mandate |
· On the day when the legal term of the House ends. The U.S. Congress has no procedure akin to early dissolution. |
| Can MPs resign? |
Yes |
· Yes, of their own free will
· Procedure: in recent practice, the Member would notify the House of Representatives that he has submitted his resignation in writing to officials from his respective state government.
· Authority competent to accept the resignation: the resignation does not have to be accepted
|
| Can MPs lose their mandate ? |
Yes |
Definitive exclusion from Parliament by the latter:
- Invalidation of the mandate by the House of Representatives (see Validation of mandates)
- Expulsion (see Discipline and Code of conduct)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The Speaker
2. The House majority leader
3. The House minority leader
4. The assistant majority leader (whip)
5. The assistant minority leader (whip)
6. The other MPs (in accordance with seniority, that is prior service. In case of equality, seniority is determined by listing Members alphabetically.)
|
| Indemnities, facilities and services |
· Official passport
· Basic salary (see also Art. I, S. 6 (1) of the Constitution): $ 136,700/per annum
· Reduction of/exemption from tax
· Pension scheme
· Other facilities:
(a) Secretariat/assistants/postal and telephone services/travel and transport
(b) Cars and vans for official use by persons occupying selected leadership and administrative positions in the legislative branch
(c) Security guards
(d) Others
|
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. I, S. 6 (1) of the Constitution; see also Rule IX of the Rules of the House of Representatives).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: offense or insult (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. I, S. 6 (1) of the Constitution; see also Rule IX of the Rules of the House of Representatives).
· It applies only to civil proceedings, covers all offenses, but protects MPs only from arrest.
· No derogations are foreseen.
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided only during sessions and while a Member is going to and returning from the session. Since it does not cover judicial proceedings in general, it does not cover judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) cannot be lifted.
· 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 authorized to attend sittings of Parliament.
|
| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs. The institutional orientation programs for new Members typically include such training (procedural parts voluntary).
· It is provided by the House and by political parties (presented by pertinent administrative officers of the House, by experts associated with the respective parties, and by non-governmental public policy institutes, sometimes associated with universities) or by the Congressional Research Service or other organizations.
· Handbooks of parliamentary procedure:
- "House Manual" (rules with annotations of precedent, prepared by the Parliamentarian of the House)
- House Practice (topical summaries of procedural rules, precedents, and practice, prepared by the Parliamentarian of the House)
- Compilation of procedural precedents (prepared by the Parliamentarian of the House)
- Guides to procedure (prepared by each party)
- Guide to procedure (prepared by one of the standing committees)
|
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings and committee meetings, unless excused or necessarily prevented (Rule VIII (1) and Rule XI (1) (a) (1) in relation with Rule VIII (1) of the Rules of the House of Representatives).
· Penalties foreseen in case of failure to fulfill this obligation:
- plenary sitting
- committee meetings: in practice, the obligation is unenforceable, at least insofar as Members may serve on committees whose meetings conflict.
|
| Discipline |
· The rules governing discipline within Parliament are contained in Art. I, S. 5 (2) of the Constitution and Rules I (2) to (4), III (1), IV (1), and XIV (4), (5), and (9) (b) of the Rules of the House of Representatives and in customary law. They are part of the Code of conduct.
· Disciplinary measures foreseen:
- Call to order (Rule XIV (4) to (5) of the Rules of the House of Representatives)
- Judgment of the presiding officer
- Order to present apologies
- Denial of the privilege of speaking on the floor
- Deletion from the Congressional Record (Rule XIV (9) (b) of the Rules of the House of Representatives)
- Censure, reprimand or other forms of declaratory sanction
- Fines
- Loss of seniority
- Referral to appropriate state or federal authorities
- Expulsion from Parliament (Art. I, S. 5 (2) of the Constitution)
· Specific cases:
- Offense or insult: Call to order, judgment of the presiding officer, further sanctions, referral to appropriate state or federal authorities. See also Penalties foreseen for violation of the code of conduct.
· Competent body to judge such cases:
- Call to order: another Member, the Speaker; the House (appeal)
- Judgment of the presiding officer, denial of the privilege of speaking on the floor: the Speaker; the House (appeal)
- Censure: pronounced by the Speaker pursuant to the vote of the House
- Deletion from the Congressional Record, reprimand and other declaratory sanctions, fines, loss of seniority, expulsion from Parliament: the House
- Order to present apologies:
- Referral to appropriate state or federal authorities:
- Offense or insult: depending on sanction (see Offense or insult)
Penalties, where not self-executing, are carried out through the Speaker or Sergeant at Arms (for the latter, see Rule IV (1) of the Rules of the House of Representatives).
· Procedure:
- Call to order (Rule XIV (4) to (5) of the Rules of the House of Representatives)
- Offense or insult: call to order, judgment of the presiding officer, referral to appropriate state or federal authorities
- Order to present apologies
- Denial of the privilege of speaking on the floor
- Deletion from the Congressional Record (Rule XIV (9) (b) of the Rules of the House of Representatives)
- Censure, reprimand or other forms of declaratory sanction
- Fines
- Loss of seniority
- Expulsion from Parliament (Art. I, S. 5 (2) of the Constitution)
|
| Code (rules) of conduct |
· This concept does exist in the country's juridical system (series of laws governing the behavior of MPs, Rules XLIII to XLVII of the Rules of the House of Representatives; see also Rule IX of the Rules of the House of Representatives). For disciplinary measures stricto sensu, see Discipline. For the Declaration on personal assets, see Obligation to declare personal assets.
· Penalties foreseen for violation of the code of conduct:
- Violations of the law:
- Fines
- Jail sentence
- Violations of the congressional rules of conduct:
- Censure, reprimand
- Fines
- Loss of seniority
- Expulsion from Parliament (Art. I, S. 5 (2) of the Constitution)
· Competent body to judge such cases/to impose penalties:
- Violations of the law: courts of law
- Violations of the congressional rules of conduct: the House of Representatives directly or on recommendation of the ethics committee; the ethics committee (lesser penalties). The resolution of censure is read by the presiding officer.
· Procedure and means of recourse
|
| Relations between MPs and pressure group |
· Some legal provisions exist |
