| Parliament name (generic / translated) |
Parlament / Parliament |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Bundesrat / Federal Council |
| Related chamber (for bicameral parliaments) |
Nationalrat / National 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 MPs are elected by the legislative bodies of the provinces (see Art. 35 (1) of the Federal Constitutional Law, S. 1 (1) of the Federal Law on the Rules of Procedure of the Federal Council) |
| Validation of mandates |
No |
| End of the mandate |
· On the day when the legislative period of the respective provincial diet ends or on the day of early dissolution but the Member remains in office until the new Members are elected (Art. 35 (3) of the Federal Constitutional Law, S. 3 (1) (a) and (2) of the Federal Law on the Rules of Procedure of the Federal Council) |
| Can MPs resign? |
Yes |
· Yes, of their own free will (S. 3 (1) (b) of the Federal Law on the Rules of Procedure of the Federal Council)
· Procedure (S. 3 (3) of the Federal Law on the Rules of Procedure of the Federal 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 (2) and S. 3 (1) (c) of the Federal Law on the Rules of Procedure of the Federal Council)
- Loss of mandate for absence (Art. 141 (c) of the Federal Constitutional Law, S. 3 (1) (c), and 4 (2) to (4) of the Federal Law on the Rules of Procedure of the Federal Council)
- Loss of eligibility to the provincial diet (Art. 35 (2), and 141 (c) of the Federal Constitutional Law, S. 3 (1) (c) of the Federal Law on the Rules of Procedure of the Federal Council)
- Loss of mandate for incompatibilities (Art. 59 and 141 (c) of the Federal Constitutional Law, S. 3 (1) (c) of the Federal Law on the Rules of Procedure of the Federal Council, S. 9 and 10 of the Incompatibility Law)
- General procedure (Art. 141 (c) of the Federal Constitutional Law, S. 3 (4) and (5) of the Federal Law on the Rules of Procedure of the Federal Council)
(b) Reduction of the number of Members after a general census (Art. 34 (3) of the Federal Constitutional Law)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
|
| Indemnities, facilities and services |
· Diplomatic passport for the President, the two Vice-Presidents and MPs who are at the same time members of the Parliamentary Assembly of the Council of Europe. MPs receive official passports if requested (S. 1 (3) of the Federal Law on the Rules of Procedure of the Federal Council).
· 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: 50 per cent (i.e. 4,080 euros)
President: 100 per cent (i.e. 8,160 euros)
Leader of a parliamentary party: 70 per cent (about 5,700 euros)
· No exemption from tax
· No special pension scheme
· Other facilities:
(a) Secretariat (S. 10 (1) of the Bundesbezügegesetz, see also Travel and transport)
(b) Assistants (S. 15 of the Federal Law on the Rules of Procedure of the Federal Council)
(c) Official car for the President (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. Members enjoy the immunity of the Members of the provincial diet which has delegated them (Art. 58 of the Federal Constitutional Law, S. 5 of the Federal Law on the Rules of Procedure of the Federal Council). |
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist. Members enjoy the immunity of the Members of the provincial diet which has delegated them (Art. 58 of the Federal Constitutional Law, S. 5 of the Federal Law on the Rules of Procedure of the Federal 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. 4 (1) of the Federal Law on the Rules of Procedure of the Federal Council).
· Penalties foreseen in case of failure to fulfil this obligation (S. 3 (1) (c), and 4 (4) of the Federal Law on the Rules of Procedure of the Federal 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. 7 (2), and 68 to 71 of the Federal Law on the Rules of Procedure of the Federal Council.
· Disciplinary measures foreseen:
- Warning for irrelevance (S. 69 (1) and 71 of the Federal Law on the Rules of Procedure of the Federal Council)
- Withdrawal of the right to speak, eventually with non-recognition for the rest of the sitting (S. 68, 69 (2), and 70 (2) of the Federal Law on the Rules of Procedure of the Federal Council)
- Interruption (S. 68 of the Federal Law on the Rules of Procedure of the Federal Council)
- Call to order (S. 70 (1) and (3), and 71 of the Federal Law on the Rules of Procedure of the Federal Council)
- Suspension of the sitting (S. 7 (2) of the Federal Law on the Rules of Procedure of the Federal Council)
· Specific cases:
- Offence or insult (S. 70 of the Federal Law on the Rules of Procedure of the Federal Council): call to order, interruption, withdrawal of the right to speak, with non-recognition for the rest of the sitting
· Competent body to judge such cases/to impose penalties (S. 7 (2) of the Federal Law on the Rules of Procedure of the Federal Council): the President
· Procedure (S. 7 (2), and 68 to 71 of the Federal Law on the Rules of Procedure of the Federal Council)
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 59 and 141 (c) of the Federal Constitutional Law, S. 3 (1) (c), and (4) and (5) of the Federal Law on the Rules of Procedure of the Federal 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. 3 (1) (c) of the Federal Law on the Rules of Procedure of the Federal 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. 3 (4) and (5) of the Federal Law on the Rules of Procedure of the Federal Council, S. 9 and 10 of the Incompatibility Law).
|
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
