| Parliament name |
Parliament |
| Structure of parliament |
Bicameral |
| Chamber name |
Senate |
| Related chamber (for bicameral parliaments) |
House of Representatives
|
| NATURE |
| Nature of the mandate |
· Linked representation - imperative mandate
|
| Start of the mandate |
· When the senators are appointed
|
| Validation of mandates |
· No validation
|
| End of the mandate |
· On the day of expiry of the House of Representatives or its earlier dissolution (Art. 65 of the Constitution of 27.07.1998) |
| Can MPs resign? |
Yes |
· Yes, of their own free will (SO 5 (1) of the Standing Orders of the Senate)
· Procedure (Art. 71 (2) (a) of the Constitution, SO 5 of the Standing Orders of the Senate)
· Authority competent to accept the resignation: the resignation need not be accepted
|
| Can MPs lose their mandate ? |
Yes |
(a) Loss of mandate by judicial decision: decision by the High Court (Art. 73 (1) (b) of the Constitution):
- Loss of mandate for incompatibilities and ineligibilities (Art. 71 (2) (b), (c), (e), and (6) in connection with Art. 71 (1) (c), (d), and (f) of the Constitution)
- Loss of mandate for absence (Art. 71 (2) (d) of the Constitution, SO 4 of the Standing Orders of the Senate)
- General procedure (Art. 73 (1) (b), (5), and (6) of the Constitution)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The President
2. The Vice-President
3. The Leader of Government Business
4. The Leader of the House
5. The other senators
|
| Indemnities, facilities and services |
· Diplomatic or official passport
· Basic salary (see also Art. 83 of the Constitution): according to function
+ Expense Allowance: FJD 6,000 per year for the President, FJD 2,500 per year for the Vice-President
+ Constituency Allowance: FJD 2,500 per year
· The basic salary is taxable. The Expense Allowance and the Constituency Allowance are tax exempt.
· Pension scheme
· Other facilities:
(a) Secretariat/assistants (see also Art. 84 of the Constitution)
(b) Official car for the President
(c) Postal and telephone services
(d) Travel and transport
(e) Others
|
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 74 (2) of the Constitution).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: offence or insult (SO 44 (10), (11) and (21) of the Standing Orders of the Senate, see Discipline)
· Non-accountability takes effect on the day when the mandate begins. It does not offer, 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. 74 (2) of the Constitution).
· It applies to criminal and civil proceedings, covers all offences and protects MPs from arrest and from being held in preventive custody, and from the opening of judicial proceedings against them. It does not protect them from their homes being searched.
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided from the start to the end of the mandate
· 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 authorised to attend sittings of Parliament.
|
| EXERCISE OF THE MANDATE |
| Training |
· There is no training/initiation process on parliamentary practices and procedures for MPs.
· Handbook of parliamentary procedure:
- Standing Orders of the Senate
|
| Participation in the work of the Parliament |
· It is not compulsory for MPs to be present at plenary sittings, committee meetings, or other meetings.
· Penalties foreseen in case of failure to attend (Art. 71 (2) (d) of the Constitution, SO 4 of the Standing Orders of the Senate): loss of mandate
|
| Discipline |
· The rules governing discipline within Parliament are contained in SO 44 (10), (11), and (21), and 47 of the Standing Orders of the Senate.
· Disciplinary measures foreseen:
- Warning for irrelevance (SO 47 (2) of the Standing Orders of the Senate)
- Order to withdraw (SO 47 (3) of the Standing Orders of the Senate)
- Naming and suspension (SO 47 (4) to (7) of the Standing Orders of the Senate)
- Adjournment of the House, suspension of the sitting (SO 47 (8) of the Standing Orders of the Senate)
- Other measures (SO 47 (9) of the Standing Orders of the Senate)
· Specific cases:
- Offence or insult (SO 44 (10), (11) and (21) of the Standing Orders of the Senate)
· Competent body to judge such cases/to impose penalties (SO 47 (1) of the Standing Orders of the Senate):
- Warning for irrelevance, order to withdraw, naming, adjournment of the House, suspension of the sitting: the President; the Senate (appeal)
- Suspension, other measures: the Senate
· Procedure:
- Warning for irrelevance (SO 47 (2) of the Standing Orders of the Senate)
- Order to withdraw (SO 47 (3) of the Standing Orders of the Senate)
- Naming and suspension (SO 47 (4) and (7) of the Standing Orders of the Senate)
- Adjournment of the House, suspension of the sitting (SO 47 (8) of the Standing Orders of the Senate)
- Other measures (SO 47 (9) of the Standing Orders of the Senate)
- Offence or insult (SO 44 (10), (11) and (21) of the Standing Orders of the Senate)
|
| Code (rules) of conduct |
· This concept does exist in the country's juridical system (Art. 156 of the Constitution). See also SO 44 (15) and 69 of the Standing Orders of the Senate. For incompatibilities, see Loss of mandate for incompatibilities.
|
| Relations between MPs and pressure group |
· There are no legal provisions in this field.
|
