| Parliament name (generic / translated) |
Asamblea General / General Assembly |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Cámara de Representantes / House of Representatives |
| Related chamber (for bicameral parliaments) |
Cámara de Senadores / Senate
|
| NATURE |
| Nature of the mandate |
|
| Start of the mandate |
· On 15 February following the national elections that take place, every five years, on the last Sunday of November (Art. 104 (1) of the Constitution of 27.11.1966, as amended up to and including 08.12.1996)
|
| Validation of mandates |
· Validation by the Electoral Court only in case of challenge (Art. 322 (c) of the Constitution)
· Procedure (Art. 326 and 327 of the Constitution, Art. 158 to 165 of the Electoral Law)
|
| End of the mandate |
· On the day when the legal term of the House ends (see Art. 89 of the Constitution). The Permanent Commission of the General Assembly continues to exercise its functions until the new Chambers are organised (Art. 131 (8) of the Constitution). In case of early dissolution, the mandate ends on the day the new Assembly meets (Art. 148 (10) and (16) of the Constitution) (for early dissolution, see Art. 148 of the Constitution)
|
| Can MPs resign? |
Yes |
· Yes, of their own free will
· Procedure (Art. 115 (3) of the Constitution) (see also Pension scheme)
· Authority competent to accept the resignation: the Chamber of Representatives
|
| Can MPs lose their mandate ? |
Yes |
(a) Definitive exclusion from Parliament by the latter:
1. By the Chamber of Representatives:
- Exclusion (Art. 115 (2) of the Constitution, see also Code of conduct)
2. By both Chambers:
- Impeachment (Art. 93, 102 and 103 of the Constitution, see also Code of conduct)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The members of the Board
2. The Vice-Presidents of the Chamber of Representatives
3. The Presidents of the Committees, for certain acts or ceremonies
4. The other MPs
|
| Indemnities, facilities and services |
· Diplomatic passport
· Basic salary (see also Art. 117 of the Constitution): U$ 40,000 (US$ 4,000)
· No exemption from tax
· Pension scheme (Art. 77 (2) No. 10, and 111 (1) of the Constitution)
· Other facilities:
(a) Secretariat
(b) Assistants (Art. 107 of the Constitution, Rules 96 to 103 of the Rules of Procedure of the General Assembly, Rules 106 (2) No. 15, and 109 to 113 of the Rules of Procedure of the Chamber of Representatives)
(c) Postal and telephone services
(d) Travel: when decided by the Chamber of Representatives
|
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 112 of the Constitution, see also Rule 92 (C) of the Rules of Procedure of the General Assembly, and Rule 105 (C) of the Rules of Procedure of the Chamber of Representatives).
· Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament.
· Derogations: waiver of immunity, offence or insult (Rules 73, 104 (H), and 106 (2) No. 6 of the Rules of Procedure of the Chamber of Representatives, see Discipline)
· Non-accountability takes effect on the day when the mandate begins.
|
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Art. 113 and 114 of the Constitution).
· It applies to criminal and civil proceedings, covers all offences with the exception of traffic 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, the MP can be arrested. Notice shall immediately be given to the Chamber of Representatives, with a summary report of the case.
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal. However, they may reply in writing, without appearing before a judge or tribunal.
· Protection is provided from the start to the end of the mandate, including between early dissolution of the House and the election of a new Parliament, and also covers judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted (Art. 114 of the Constitution):
- Competent authority: the Chamber of Representatives
- Procedure (Art. 114 of the Constitution). In this case, MPs need not be heard. 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, nor is there a handbook of parliamentary procedure.
|
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings and committee meetings (Rules 30 (1) and 91 (B) of the Rules of Procedure of the General Assembly, Rule 104 (B) of the Rules of Procedure of the Chamber of Representatives). For leave of absence, see Rule 30 (2) of the Rules of Procedure of the General Assembly.
· Penalties foreseen in case of failure to fulfil this obligation:
- Admonition (Rule 29 (2) of the Rules of Procedure of the General Assembly, Rules 37 (3) and 106 (2) No. 7 of the Rules of Procedure of the Chamber of Representatives)
- Loss of committee membership (Rule 127 of the Rules of Procedure of the Chamber of Representatives)
- Other penalties for non-attendance at the opening sitting of the General Assembly (Art. 109 of the Constitution)
· Body competent to judge such cases/to impose penalties:
- Admonition, loss of committee membership: the President
- Other penalties for non-attendance at the opening sitting of the General Assembly: the MPs present
|
| Discipline |
· The rules governing discipline within Parliament are contained in Rules 69 to 70, 72 to 75, 104 (H), 105 (G), 106 (2) No. 6 and 8 of the Rules of Procedure of the Chamber of Representatives. For the General Assembly, see Rules 58 to 64, 91 (G), 92 (E), and 93 (2) No. 6 and 7 of the Rules of Procedure of the General Assembly.
· Disciplinary measures foreseen:
- Interruption (Rules 69 and 70 of the Rules of Procedure of the Chamber of Representatives)
- Call to order (Rules 69 (1) and 73 to 74 of the Rules of Procedure of the Chamber of Representatives)
- Warning for irrelevance (Rule 72 of the Rules of Procedure of the Chamber of Representatives)
- Prohibition to take the floor (Rule 75 of the Rules of Procedure of the Chamber of Representatives)
- Order to withdraw (Rule 75 of the Rules of Procedure of the Chamber of Representatives)
- Adjournment of the House, suspension of the sitting (Rule 106 (2) No. 8 of the Rules of Procedure of the Chamber of Representatives)
· Specific cases:
- Offence or insult (Rules 73, 104 (H), and 106 (2) No. 6 of the Rules of Procedure of the Chamber of Representatives): interruption, call to order
· Competent body to judge such cases/to impose penalties (Rules 105 (G) and 106 (2) No. 6 and 8 of the Rules of Procedure of the Chamber of Representatives):
- Interruption, offence or insult: any Representative
- Call to order, warning for irrelevance, offence or insult: the President, on his own instigation or on that of another Representative; the Chamber of Representatives
- Prohibition to take the floor, order to withdraw, adjournment of the House, suspension of the sitting: the President
· Procedure:
- Interruption, offence or insult (Rules 69 and 70 of the Rules of Procedure of the Chamber of Representatives)
- Call to order, offence or insult (Rules 69 (1) and 73 to 74, 104 (H), and 106 (2) No. 6 of the Rules of Procedure of the Chamber of Representatives)
- Warning for irrelevance (Rule 72 of the Rules of Procedure of the Chamber of Representatives)
- Prohibition to take the floor, order to withdraw (Rule 75 of the Rules of Procedure of the Chamber of Representatives)
- Adjournment of the House, suspension of the sitting (Rule 106 (2) No. 8 of the Rules of Procedure of the Chamber of Representatives)
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 93, 102, 103, and 115 of the Constitution).
· Penalties foreseen for violation of the rules of conduct:
- Reprimand (Art. 115 (1) of the Constitution)
- Suspension (Art. 115 (1) of the Constitution)
- Loss of mandate (Art. 115 (2) of the Constitution, exclusion)
- Loss of mandate (Art. 93, 102 and 103 of the Constitution, impeachment)
· Competent body to judge such cases/to impose penalties:
- Reprimand, suspension, loss of mandate (exclusion): the Chamber of Representatives
- Loss of mandate (impeachment): the Chamber of Representatives and the Senate
· Procedure:
- Reprimand, suspension (Art. 115 (1) of the Constitution).
- Loss of mandate (Art. 115 (2) of the Constitution, exclusion).
- Loss of mandate (Art. 93, 102 and 103 of the Constitution, impeachment). In this case, MPs have means of recourse.
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| Relations between MPs and pressure group |
· There are no legal provisions in this field.
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