| Parliament name |
Congress |
| Structure of parliament |
Bicameral |
| Chamber name |
Senate |
| Related chamber (for bicameral parliaments) |
House of Representatives
|
| NATURE |
| Nature of the mandate |
· Free representation |
| Start of the mandate |
· When the MPs take the oath (for the latter, see Rule III of the Standing Rules of the Senate) |
| Validation of mandates |
· Validation by the Senate 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 Senate ends. The U.S. Congress has no procedure akin to early dissolution. |
| Can MPs resign? |
No |
· Yes, of their own free will
· Procedure: in recent practice, the Member would notify the Senate 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 Senate (see Validation of mandates)
- Expulsion (see Discipline and Code of conduct)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The President of the Senate (the Vice-President of the United States)
2. The President pro tempore (most senior member of the majority party)
3. The Senate majority leader
4. The Senate minority leader
5. The assistant majority leader (whip)
6. The assistant minority leader (whip)
7. The other MPs (in accordance with seniority, that is prior service in the Senate or House or prior gubernatorial 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).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: offense or insult (Rule XIX (2) to (3) of the Standing Rules 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. I, S. 6 (1) of the Constitution).
· 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 Senate and by the political parties in the Senate (presented by pertinent administrative officers of the Senate) or by the Congressional Research Service or other organizations.
· Handbooks of parliamentary procedure:
- Senate Manual (Standing Rules of the Senate, other orders having force of rules, and provisions of statute affecting the Senate, prepared by the Committee on Rules and Administration)
- Riddick's Senate Procedure (topical summaries of procedural rules, precedents, and practice, prepared by the Parliamentarian of the Senate)
- Senate Handbook (administrative guide, one chapter on procedure)
|
| 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 .
· 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 Rule XIX (2) to (6) of the Standing Rules of the Senate and in customary law. They are part of the Code of conduct.
· Disciplinary measures foreseen:
- Call to order (Rule XIX (4) to (5) of the Standing Rules of the Senate)
- Judgment of the Presiding Officer
- Loss of the right to the floor
- Deletion from the Congressional Record
- Censure, reprimand or other forms of declaratory sanction
- 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 (Rule XIX (2) to (3) of the Standing Rules of the Senate): Call to order, judgment of the Presiding Officer, further disciplinary action, referral to appropriate state or federal authorities.
· Competent body to judge such cases/to impose penalties:
- Call to order, judgment of the Presiding Officer: the Presiding Officer; the Senate (appeal)
- Loss of the right to the floor: Presiding Officer or Senate
- Censure: pronounced by the Presiding Officer pursuant to the vote of the Senate
- Deletion from the Congressional Record, reprimand and other declaratory sanctions, loss of seniority, expulsion from Parliament: the Senate
- Offense or insult: Presiding Officer or Senate (depending on sanction; see Offense or insult)
· Procedure:
- Call to order (Rule XIX (4) to (5) of the Standing Rules of the Senate)
- Offense or insult: call to order, judgment of the Presiding Officer, referral to appropriate state or federal authorities
- Loss of the right to the floor
- Deletion from the Congressional Record
- Censure, reprimand or other forms of declaratory sanction
- 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 XXXIV to XLII of the Standing Rules of the Senate). 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 Senate 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. |
