| Parliament name (generic / translated) |
Asamblea General / General Assembly |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Cámara de Senadores / Senate |
| Related chamber (for bicameral parliaments) |
Cámara de Representantes / House of Representatives
|
| 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. 97 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, Rules 54 and 55 (1) of the Rules of Procedure of the Senate) (see also Pension scheme)
· Authority competent to accept the resignation: the Senate
|
| Can MPs lose their mandate ? |
Yes |
(a) Definitive exclusion from Parliament by the latter:
1. By the Senate:
- 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 Senate
3. The Presidents of the Committees, for certain acts or ceremonies
4. The other senators
· Outside Parliament: the official order of precedence ranks the President in the 2nd position, and the other senators in the 11th position.
|
| 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 112 (14) and (15), and 119 to 127 of the Rules of Procedure of the Senate)
(c) Postal and telephone services
(d) Travel: when decided by the Senate
|
| 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).
· Parliamentary non-accountability applies to words spoken and written by senators both within and outside Parliament.
· Derogations: waiver of immunity; offence or insult (Rules 84, 85 No. 3 of the Rules of Procedure of the Senate, see Discipline)
· Non-accountability takes effect on the day when the mandate begins and offers.
|
| 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 senators 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 senator can be arrested. Notice shall immediately be given to the Senate, with a summary report of the case.
· Parliamentary inviolability does not prevent senators 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 senators before their election.
· Parliamentary immunity (inviolability) can be lifted (Art. 114 of the Constitution):
- Competent authority: the Senate
- Procedure (Art. 114 of the Constitution). In this case, senators 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 senators 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 senators 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 50 of the Rules of Procedure of the Senate). 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)
- Deduction of salary (Art. 117 (1) and (2) of the Constitution, Rule 14 of the Rules of Procedure of the Senate)
- 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: the President
- Other penalties for non-attendance at the opening sitting of the General Assembly: the senators present
|
| Discipline |
· The rules governing discipline within Parliament are contained in Rules 84 to 92, 112 No. 6 and 7, and 118 of the Rules of Procedure of the Senate. 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 85 to 87 of the Rules of Procedure of the Senate)
- Call to order, with loss of the floor (Rules 90 to 92, and 112 No. 6 of the Rules of Procedure of the Senate)
- Warning for irrelevance (Rules 88 and 89, and 112 No. 6 of the Rules of Procedure of the Senate)
- Adjournment of the House, suspension of the sitting (Rules 112 No. 7 and 118 of the Rules of Procedure of the Senate)
· Specific cases:
- Offence or insult (Rules 84, 85 No. 3 of the Rules of Procedure of the Senate): interruption
· Competent body to judge such cases/to impose penalties (Rule 112 No. 6 and 7 of the Rules of Procedure of the Senate):
- Interruption, offence or insult, adjournment of the House, suspension of the sitting: the President
- Call to order, with loss of the floor, warning for irrelevance: the President, on his own instigation or on that of another senator: the Senate
· Procedure:
- Interruption, offence or insult (Rules 84 to 87 of the Rules of Procedure of the Senate)
- Call to order, with loss of the floor (Rules 90 to 92, and 112 No. 6 of the Rules of Procedure of the Senate)
- Warning for irrelevance (Rules 88 and 89, and 112 No. 6 of the Rules of Procedure of the Senate)
- Adjournment of the House, suspension of the sitting (Rules 112 No. 7 and 118 of the Rules of Procedure of the Senate)
|
| 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 Senate
- 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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