| Parliament name (generic / translated) |
Rathasapha / National Assembly |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Wuthisapha / Senate |
| Related chamber (for bicameral parliaments) |
Saphaphuthan Ratsadon / House of Representatives
|
| NATURE |
| Nature of the mandate |
· Free representation
|
| Start of the mandate |
· On the election day (S. 132 of the Constitution of 11.10.1997)
|
| Validation of mandates |
· Validation by the Election Commission only in case of challenge (S. 147 of the Constitution)
|
| End of the mandate |
· On the day when the legal term of the House ends (when the newly elected senators assume their duties, S. 133 (1) in connection with S. 130 of the Constitution) (the Senate cannot be dissolved; for sittings during the expiration of the term or the dissolution of the House of Representatives, see S. 168 of the Constitution)
|
| Can MPs resign? |
Yes |
· Yes, of their own free will (S. 133 (3) of the Constitution)
· Procedure: written resignation
· Authority competent to accept the resignation: the President of the Senate
|
| Can MPs lose their mandate? |
Yes |
(a) Removal from office by the Senate on instigation of senators of not less than one-fourth of the total number of the existing members of the Senate (S. 133 (5) and (8) in connection with S. 109 (14), 126 (4) and 307 of the Constitution, see also S. 297 to 306 of the Constitution)
(b) Loss of mandate by judicial decision (S. 133 (8) in connection with S. 96 and 133 (3) to (7) and (9) or (10) of the Constitution): decision of the Constitutional Court terminating the membership (see also Resignation, and (d), (e) and (f))
(c) Death (S. 133 (2) of the Constitution)
(d) Disqualification and incompatibilities (S. 133 (4) to (7), in connection with S. 95, 125, 126, 127, and 128 of the Constitution)
(e) Absence for more than one-fourth of the number of days in a session the length of which is not less than one hundred and twenty days without permission of the President of the Senate (S. 133 (9) of the Constitution)
(f) Imprisonment by final judgement to a term of imprisonment except for an offence committed through negligence or a petty offence (S. 133 (10) of the Constitution)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament: there is no ranking within Parliament.
· Outside Parliament: the official order of precedence ranks the President of the Senate in the 3rd position.
|
| Indemnities, facilities and services |
· Diplomatic passport for the President and the Vice-Presidents of the Senate. Other senators hold official passports.
· Basic salary: THB 38,500 per month
· No exemption from tax
· No pension scheme
· Other facilities:
(a) Secretariat
(b) Assistants (see also Rule 11 of the Rules of Procedure of the Senate, and The Secretariat of the Senate and its Staff): one assistant
(c) Official car for the President and the Vice-Presidents of the Senate
(d) Postal and telephone services: telephone installation; senators have to pay telephone bill by themselves
(e) Travel and transport: free travel in the country by air, by bus and by rail; free travel abroad only for official functions approved by the President of the Senate
(f) Others: health insurance
|
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (S. 157 (1) of the Constitution, see also S. 189 (4) of the Constitution).
· Parliamentary non-accountability is limited to words spoken or written by senators and votes cast within Parliament.
· Derogations: offence or insult (Rule 52 (2) of the Rules of Procedure 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 (see S. 165 (1) and 166 (1) of the Constitution).
· It applies only to criminal proceedings, covers all offences and protects senators only from arrest and from being held in preventive custody, and from a summons by a warrant for inquiry as an alleged offender. It also protects them from trial during a session.
· Derogations:
- In cases of flagrante delicto, senators can be arrested or detained. The arrest shall be reported to the President of the Senate and the President may order the release of the person so arrested.
- In cases concerning the organic law on the election of Members of the House of Representatives and senators, on the Election Commission or on political parties, senators can be tried during a session, provided that such trial shall not hinder senators from attending the sitting of the Senate.
· Parliamentary inviolability does not prevent senators from being called as witnesses before a judge or tribunal.
· Protection is provided only during sessions.
· Parliamentary immunity (inviolability) can be lifted (S. 165 (1) and 166 (1) of the Constitution):
- Competent authority: the Senate
- Procedure (Rule 124 of the Rules of Procedure of the Senate). In this case, senators must be heard. They have means of appeal.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament can suspend the prosecution and/or detention of one of its members (for the prosecution, see S. 166 of the Constitution, and for the detention, see S. 167 of the Constitution and Authorisation to attend sittings of Parliament):
- Competent authority: the Senate; the inquiry official or the court, on request of the President of the Senate
- Procedure (S. 166 and 167 of the Constitution, see Trial during a session, and Procedure for authorisation to attend sittings of Parliament)
· In the event of preventive custody, the senators concerned can be authorised to attend sittings of Parliament (S. 167 of the Constitution):
- Competent authority: the inquiry official or the court, on request of the President of the Senate
- Procedure (S. 167 of the Constitution, Rule 125 of the Rules of Procedure of the Senate)
|
| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for senators.
|
| Participation in the work of the Parliament |
· It is compulsory for senators to be present at plenary sittings and committee meetings
· Penalties foreseen in case of failure to fulfil this obligation (S. 133 (9) of the Constitution): loss of mandate (see Loss of mandate - (e))
|
| Discipline |
· The rules governing discipline within Parliament are contained in Rules 9 (3), 52, 118, and 119 of the Rules of Procedure of the Senate.
· Disciplinary measures foreseen:
- Warning (Rule 119 (1) of the Rules of Procedure of the Senate)
- Prohibition of words (Rule 119 (1) of the Rules of Procedure of the Senate)
- Order to withdraw words (Rule 119 (1) of the Rules of Procedure of the Senate)
- Prohibition to speak (Rule 119 (1) of the Rules of Procedure of the Senate)
- Order to apologise (Rule 119 (1) of the Rules of Procedure of the Senate)
- Expulsion from the sitting with or without time limit (Rule 119 (1) and (2) of the Rules of Procedure of the Senate)
· Specific cases:
- Offence or insult (Rule 52 (2) of the Rules of Procedure of the Senate): all disciplinary measures
· Competent body to judge such cases/to impose penalties (Rule 9 (3) of the Rules of Procedure of the Senate): the President of the Senate
· Procedure (Rule 119 of the Rules of Procedure of the Senate)
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but see S. 77 of the Constitution. However, there are some relevant provisions (S. 133 (5) to (7), in connection with S. 95, 109 (8) to (12), 110, 111, 126 (4), 127, and 128 of the Constitution, S. 133 (5) and (8) in connection with S. 109 (14), 126 (4) and 297 to 311 of the Constitution, Rules....... of the Rules of Procedure of the Senate). For the declaration of personal assets, see Obligation to declare personal assets.
· Penalties foreseen for violation of the rules of conduct:
- Loss of mandate (S. 133 (5) to (7), in connection with S. 95, 109 (8) to (12), 110, 111, 126 (4), 127, and 128 of the Constitution; incompatibilities, use of influence)
- Loss of mandate, other penalties in accordance with Penal Code (S. 133 (5) and (8) in connection with S. 109 (14), 126 (4) and 297 to 311 of the Constitution; removal from office, criminal proceedings against persons holding political positions)
- Disciplinary measures
· Competent body to judge such cases/to impose penalties:
- Loss of mandate (removal from office): the Senate
- Other penalties in accordance with Penal Code (criminal proceedings against persons holding political positions): the Supreme Court's Criminal Division for Persons Holding Political Positions
- Disciplinary measures: the Presiding Officer at the sitting of the Senate
· Procedure:
- Loss of mandate (S. 297 to 307 of the Constitution; removal from office). In this case, senators have no means of recourse.
- Other penalties in accordance with Penal Code (S. 308 to 311 of the Constitution; criminal proceedings against persons holding political positions). In this case, senators have no means of recourse.
- Disciplinary measures. In this case, senators have no means of recourse.
|
| Relations between MPs and pressure group |
· There are no legal provisions in this field.
|
Compare data for parliamentary chambers in the Mandate module
