| Parliament name (generic / translated) |
Parlament / Parliament |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Nationalrat / National Council |
| Related chamber (for bicameral parliaments) |
Bundesrat / Federal Council
|
| NATURE |
| Nature of the mandate |
· Free representation (Art. 56 (1) of the Federal Constitutional Law of 01.07.1934 as amended up to 1995) |
| Start of the mandate |
· When the letter of credentials has been deposited with the Parliamentary Administration (S. 9 of the Federal Law on the Rules of Procedure of the National Council). Procedure (S. 1 (1) of the Federal Law on the Rules of Procedure of the National Council). |
| Validation of mandates |
· Validation by the Constitutional Court only in case of challenge (Art. 141 (1) (a) and (e) of the Federal Constitutional Law)
· Procedure (Art. 141 (1) (a) and (e) of the Federal Constitutional Law)
|
| End of the mandate |
· On the day when the newly elected Parliament meets (Art. 27 (1) and 29 (3) of the Federal Constitutional Law; for early dissolution by the National Council, see Art. 29 (2) and (3) of the Federal Constitutional Law). In case of early dissolution by the Federal President, the mandate ends on the day of early dissolution (Art. 29 (1) of the Federal Constitutional Law). For the Presidents and the Main Committee, see S. 6 (1) of the Federal Law on the Rules of Procedure of the National Council. |
| Can MPs resign? |
Yes |
· Yes, of their own free will (see also Art. 56 (2) and (3) of the Federal Constitutional Law)
· Procedure (S. 2 (8) of the Federal Law on the Rules of Procedure of the National Council)
· Authority competent to accept the resignation: the resignation does not need to be accepted
|
| Can MPs lose their mandate ? |
Yes |
(a) Loss of mandate by judicial decision: decision by the Constitutional Court:
- Failure to take the oath, to take it in due form and without reservations (Art. 141 (c) of the Federal Constitutional Law, S. 2 (1) (1.), (2), (3), and (5), and S. 4 of the Federal Law on the Rules of Procedure of the National Council)
- Loss of mandate for absence (Art. 141 (c) of the Federal Constitutional Law, S. 2 (1) (2.), (2), (3), and (5), and S. 11 (4) of the Federal Law on the Rules of Procedure of the National Council)
- Loss of eligibility (Art. 26 (4) and (5), and 141 (c) of the Federal Constitutional Law, S. 2 (1) (3.), (2), (3), (5), and (6) of the Federal Law on the Rules of Procedure of the National Council)
- Loss of mandate for incompatibilities (Art. 59 and 141 (c) of the Federal Constitutional Law, S. 2 (1) (4.) and (4) of the Federal Law on the Rules of Procedure of the National Council, S. 9 and 10 of the Incompatibility Law)
- Loss of mandate through election petition (Art. 141 (1) (a) and (e) and (2) of the Federal Constitutional Law, S. 2 (7) of the Federal Law on the Rules of Procedure of the National Council; see also Validation of mandates)
- General procedure (Art. 141 (1) of the Federal Constitutional Law)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The President
2. The Second President
3. The Third President
4. The Chairpersons of committees
5. The Deputy Chairpersons of committees
6. The secretaries of committees
|
| Indemnities, facilities and services |
· Official passport (S. 1 (2) of the Federal Law on the Rules of Procedure of the National Council); diplomatic passport if requested
· Basic salary (S. 2, 3, and 5 of the Bundesbezügegesetz): The basic salary of 8,160 euros (as of July 2008) is paid 14 times a year according to the following percentages:
Members: 100 per cent (i.e. 8,160 euros)
Speaker: 210 per cent (i.e. about 17,000 euros)
Leader of a parliamentary party: 170 per cent (i.e. about 13,800 euros)
· No exemption from tax for basic salary. The allowances (see Travel and transport) are tax exempt.
· Pension scheme (Pensionskassenvorsorgegesetz)
· Other facilities:
(a) Secretariat (S. 10 (1) of the Bundesbezügegesetz, see also Travel and transport)
(b) Assistants (Art. 30 (3) to (6) of the Constitution, Parlaments-mitarbeitergesetz)
(c) Official car for the Presidents (S. 9 (1) of the Bundesbezügegesetz)
(d) Postal and telephone services
(e) Travel and transport (S. 10 (1) and (2), and 11 of the Bundesbezügegesetz)
|
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 57 (1) of the Constitution, S. 10 (1) of the Federal Law on the Rules of Procedure of the National Council).
· Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament.
· Derogations: responsibility to the National Council for statements, whether oral or in writing, made in the exercise of the MP's functions (see Discipline - offence or insult (S. 102 of the Federal Law on the Rules of Procedure of the National Council))
· Non-accountability takes effect (on the day when the mandate begins) and offers ( 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. 57 (2) of the Constitution, S. 10 (2) of the Federal Law on the Rules of Procedure of the National Council).
· It applies only to criminal proceedings, covers all offences and protects MPs only from arrest and from their homes being searched.
· Derogations: in cases of flagrante delicto, MPs can be arrested (Art. 57 (2) and (5) of the Constitution, S. 10 (2) and (5) of the Federal Law on the Rules of Procedure of the National Council). Legal action can be taken if it is manifestly not connected with the political activity of the MP (Art. 57 (3) of the Constitution, S. 10 (3) of the Federal Law on the Rules of Procedure of the National Council).
· 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 (Art. 57 (6) of the Constitution, S. 10 (6) of the Federal Law on the Rules of Procedure of the National Council)
· Parliamentary immunity (inviolability) can be lifted (Art. 57 (2) of the Constitution, S. 10 (2) of the Federal Law on the Rules of Procedure of the National Council):
- Competent authority: the National Council
- Procedure (Art. 57 (4) of the Constitution, S. 10 (4) of the Federal Law on the Rules of Procedure of the National Council).
· Parliament can suspend the prosecution and/or detention of one of its members in cases of flagrante delicto (Art. 57 (5) of the Constitution, S. 10 (5) of the Federal Law on the Rules of Procedure of the National Council).
- Competent authority: the National Council; the corresponding Standing Committee (during recess)
- Procedure (Art. 57 (5) of the Constitution, S. 10 (5) of the Federal Law on the Rules of Procedure of the National Council)
|
| EXERCISE OF THE MANDATE |
| Training |
· There is no training/initiation process on parliamentary practices and procedures for MPs.
· There is no 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 (S. 11 (1) of the Federal Law on the Rules of Procedure of the National Council; see also S. 11 (2) to (4) of the Federal Law on the Rules of Procedure of the National Council).
· Penalties foreseen in case of failure to fulfil this obligation (S. 2 (1) (2.) of the Federal Law on the Rules of Procedure of the National Council): loss of mandate (for the procedure, see Loss of mandate for absence)
· Body competent to judge such cases/to impose penalties (Art. 141 (c) of the Federal Constitutional Law): the Constitutional Court
|
| Discipline |
· The rules governing discipline within Parliament are contained in S. 13 (2) and (3), and 101 to 104 of the Federal Law on the Rules of Procedure of the National Council.
· Disciplinary measures foreseen:
- Warning for irrelevance (S. 101 (1) and 103 (1) of the Federal Law on the Rules of Procedure of the National Council)
- Withdrawal of the right to speak (S. 101 (2), 102 (2), and 104 of the Federal Law on the Rules of Procedure of the National Council)
- Call to order (S. 102 (1), and 103 of the Federal Law on the Rules of Procedure of the National Council)
- Interruption (S. 102 (2), and 104 of the Federal Law on the Rules of Procedure of the National Council)
- Non-recognition for the rest of the sitting (S. 102 (3) of the Federal Law on the Rules of Procedure of the National Council)
- Suspension of the sitting (S. 13 (3) of the Federal Law on the Rules of Procedure of the National Council)
· Specific cases:
- Offence or insult (S. 102 of the Federal Law on the Rules of Procedure of the National Council): call to order, interruption, with-drawal of the right to speak, eventually with non-recognition for the rest of the sitting
· Competent body to judge such cases/to impose penalties (S. 13 (2) of the Federal Law on the Rules of Procedure of the National Council): the President
· Procedure (S. 101 to 103 (1), and 104 of the Federal Law on the Rules of Procedure of the National Council)
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant legal provisions (Art. 59 and 141 (c) of the Federal Constitutional Law, S. 2 (1) (4.) and (4) of the Federal Law on the Rules of Procedure of the National Council, S. 9 and 10 of the Incompatibility Law). For the declaration of interests, see Obligation to declare personal assets.
· Penalties foreseen for violation of the rules of conduct (S. 2 (1) (4.) of the Federal Law on the Rules of Procedure of the National Council): loss of mandate (incompatibilities)
· Competent body to judge such cases/to impose penalties: the Constitutional Court
· Procedure (Art. 141 (c) of the Federal Constitutional Law, S. 2 (4) of the Federal Law on the Rules of Procedure of the National Council, S. 9 and 10 of the Incompatibility Law).
|
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
