| Parliament name (generic / translated) |
Assemblée nationale / National Assembly |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
· Free representation (Art. 116 (2) of the Constitution of 14.04.1996, Art. 152 (3) of the Electoral Code; see also Art. 117 (1) of the Constitution) |
| Start of the mandate |
· When the National Assembly has been installed |
| Validation of mandates |
· Validation only in case of challenge, by the Court of Appeal (Art. 166 (2) and 238 of the Constitution, Art. 197 of the Electoral Code)
· Procedure (Art. 185 to 193 of the Electoral Code)
|
| End of the mandate |
· On the day when the newly elected Parliament meets |
| Can MPs resign? |
Yes |
· Yes, of their own free will
· Procedure: letters of resignations must be addressed to the President of the National Assembly, who conveys them to his colleagues and to the Prime Minister.
|
| Can MPs lose their mandate ? |
Yes |
(a) Definitive exclusion from Parliament by the latter: Loss of mandate for incompatibility (Art. 161 (2), 163 (2) and 173 of the Electoral Code)
(b) Loss of mandate by judicial decision:
- Loss according to the procedure of ordinary law following lifting of immunity
- Loss of mandate for ineligibility (Art. 159 (1) of the Electoral Code)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The President
2. The Vice-Presidents
3. The Secretaries
4. The Questors
5. Chairpersons of parliamentary groups
6. Presidents of committees
7. Rapporteurs
8. The other deputies
|
| Indemnities, facilities and services |
· Diplomatic passport
· Basic salary: CFA F 500,000 per month
+ Sessional allowance: CFA F 450,000 per year
+ Additional allowance: for certain functions
· Partial exemption from tax. 10.5 % tax on the monthly salary.
· No special pension scheme
· Other facilities:
(a) Official car for Board members, chairpersons of parliamentary groups and Committee Presidents
(b) Security guards for the President
|
| Obligation to declare personal assets |
No |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 114 (1) and (2) of the Constitution).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations:
· 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 (Art. 114 (3) and (4) of the Constitution).
· It applies only to criminal proceedings, covers all offences and protects MPs from arrest and from being held in preventive custody, from the opening of judicial proceedings against them and from their homes being searched.
· Derogations:
- When Parliament is in session, prosecution or arrest in criminal proceedings is possible in cases of flagrante delicto (Art. 114 (3) of the Constitution).
- When Parliament is not in session, arrest is possible in cases of flagrante delicto, authorised prosecution or final sentencing (Art. 114 (4) of the Constitution).
In cases involving flagrante delicto, the Board of the Assembly is immediately informed of the arrest (Art. 114 (6) of the Constitution).
· Parliamentary inviolability prevents 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) can be lifted (Art. 114 (3) and (4) of the Constitution):
- Competent authority: the National Assembly (when Parliament is in session), the Board (when Parliament is in recess)
- Procedure (Art. 114 (5) of the Constitution). In this case, MPs can be heard. They 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 MPs concerned cannot be authorised to attend sittings of Parliament.
|
| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by national and foreign experts who run seminars.
· 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, committee and other meetings.
· Penalties foreseen in case of failure to fulfil this obligation: forfeiture of the sessional allowance
|
| Discipline |
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 161 (2), 163 (2) and 173 of the Electoral Code).
· Penalties foreseen for violation of the code of conduct : loss of mandate (Art. 161 (2), 163 (2) and 173 of the Electoral Code; incompatibility)
· Competent body to judge such cases/to impose penalties: the National Assembly
· Procedure (Art. 173 of the Electoral Code). |
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
