| Parliament name (generic / translated) |
Asamblea Nacional / National Assembly |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
· Free representation (Art. 135 of the Constitution of 10.08.1998, Art. 58 of the Organic Law on the Legislative Office)
|
| Start of the mandate |
· On 1 August of the year when elections take place (constituent sitting) (Art. 4 of the Organic Law on the Legislative Office, Rule 4 of the Rules of Procedure)
|
| Validation of mandates |
· Validation by the National Congress only in case of challenge (Rule 30 of the Rules of Procedure)
· Procedure (Rule 30 of the Rules of Procedure)
|
| End of the mandate |
· On the day when the legal term of the House ends, that is on 30 July of the year when elections take place, with the installation of the Preparatory Board for the next legislature (Art. 4 and 9 (2) of the Organic Law on the Legislative Office, Rules 4 and 6 (2) of the Rules of Procedure)
|
| Can MPs resign? |
Yes |
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| Can MPs lose their mandate ? |
Yes |
(a) Revocation before expiry of mandate by the electors (Art. 26, 109 to 113, and 135 (1) of the Constitution)
(b) Definitive exclusion from Parliament by the latter: disqualification (Art. 67 of the Organic Law on the Legislative Office in connection with Art. 127 and 135 (2) to (4) of the Constitution, Art. 58, and 68 to 69 of the Organic Law on the Legislative Office, and Rule 32 of the Rules of Procedure)
(c) Loss of mandate by judicial decision (Art. 66 of the Organic Law on the Legislative Office): final court decision, after the waiver of immunity, providing for detention |
| STATUS OF MEMBERS |
| Rank in hierarchy |
Within Parliament:
1. The President
2. The Vice-President
3. The other membres of the Board |
| Indemnities, facilities and services |
· Diplomatic passport
· Sitting Allowance: US$ 400 per 10 days
· No exemption from tax
· No special pension scheme
· Other facilities:
(a) Assistants (see also Art. 22 to 29 of the Organic Law on the Legislative Office, and Rules 21 to 24 of the Rules of Procedure): 8 officers for each deputy (consultants, secretaries, assistants, driver, etc.)
(b) Postal and telephone services
(c) Travel and transport
(d) Others
|
| Obligation to declare personal assets |
No |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 137 (1) of the Constitution, Art. 62 and 63 of the Organic Law on the Legislative Office, Rule 154 of the Rules of Procedure).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament. (Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament.)
· Derogations: offence or insult (Art. 17, No. 9 of the Organic Law on the Legislative Office, Rule 56 of the Rules of Procedure, see Discipline)
· Non-accountability takes effect on the day when the mandate begins.
|
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Art. 137 (2) of the Constitution, Art. 62 of the Organic Law on the Legislative Office, Rule 154 of the Rules of Procedure).
· It applies only to criminal 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.
· Derogations: in cases of flagrante delicto, the MPs can be arrested (Art. 137 (2) of the Constitution, Art. 62, 64, and 65 of the Organic Law on the Legislative Office, Rules 155 and 157 of the Rules of Procedure).
· 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 and does not cover judicial proceedings instituted against MPs before their election (Art. 137 (3) of the Constitution).
· Parliamentary immunity (inviolability) can be lifted (Art. 137 (2) of the Constitution):
- Competent authority: the National Congress
- Procedure (Art. 137 (2) of the Constitution, Rules 155 and 157 of the Rules of Procedure). In this case, MPs must be heard. They do not have means of appeal.
· 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 (see also Art. 66 of the Organic Law on the Legislative Office).
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| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by the Instituto Centro Americano de Capacitación Empresarial, the Instituto de Altos Estudios Nacionales and some parties.
· Handbooks of parliamentary procedure:
- Ley Orgánica de la Función Legislativa
- Reglamento Interno del Congreso
- Reglamento de las Comisiones Legislativas
|
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings of the National Congress and of the Legislative Commissions of which they are members, as well as at committee meetings and other meetings. For leave of absence, see Art. 17, No. 15 of the Organic Law on the Legislative Office and Rules 15, No. 11 and 32 (2) of the Rules of Procedure.
· Penalties foreseen in case of failure to fulfil this obligation:
- Loss of sitting allowance
- Temporary replacement (Rules 32 (2) and 33 of the Rules of Procedure)
. Competent body to judge such cases / to impose penalties: the National Congress
|
| Discipline |
· The rules governing discipline within Parliament are contained in Art. 17, No. 8 and 9 of the Organic Law on the Legislative Office, and Rules 15, No. 8 and 18, and 56 of the Rules of Procedure.
· Disciplinary measures foreseen:
- Call to order (Rules 15, No. 18 and 56 of the Rules of Procedure)
- Warning for irrelevance (Art. 17, No. 9 of the Organic Law on the Legislative Office, and Rules 15, No. 18 and 56 of the Rules of Procedure)
- Withdrawal of the floor (Art. 17, No. 9 of the Organic Law on the Legislative Office)
· Specific cases:
- Offence or insult (Art. 17, No. 9 of the Organic Law on the Legislative Office, Rule 56 of the Rules of Procedure): call to order, withdrawal of the floor
· Competent body to judge such cases/to impose penalties (Art. 17, No. 8 of the Organic Law on the Legislative Office, Rules 15, No. 8 of the Rules of Procedure): the President, on his own instigation or at the request of any deputy
· Procedure (Art. 17, No. 9 of the Organic Law on the Legislative Office, Rule 56 of the Rules of Procedure)
|
| Code (rules) of conduct |
· This concept does not yet exist in the country's juridical system but a bill has been submitted to the National Congress (see also Art. 131, 136 of the Constitution, and Art. 21 of the Transitional Provisions thereto). See also Art. 26, 109 to 113, 135 (1), and 136 of the Constitution, and Art. 67 of the Organic Law on the Legislative Office in connection with Art. 135 (2) to (4) of the Constitution, Art. 58, 68, No. 2, and 69 of the Organic Law on the Legislative Office, and Rules 32 and 158 of the Rules of Procedure.
· Penalties foreseen for violation of the rules of conduct:
- Suspension (Rule 58 of the Rules of Procedure; violation of the secret)
- Loss of mandate (Art. 26, 109 to 113, and 135 (1) of the Constitution; revocation before expiry of mandate by the electors)
- Loss of mandate (Art. 67 of the Organic Law on the Legislative Office in connection with Art. 135 (2) to (4) of the Constitution, Art. 58, 68, No. 2, and 69 of the Organic Law on the Legislative Office, and Rule 32 of the Rules of Procedure; incompatibilities)
- Loss of mandate and other sanctions (Art. 136 of the Constitution; violation of the Code of Ethics)
· Competent body to judge such cases/to impose penalties:
- Suspension, loss of mandate (incompatibilities), loss of mandate and other sanctions (violation of the Code of Ethics): the National Congress
- Loss of mandate (revocation before expiry of mandate by the electors): the electors
· Procedure:
- Suspension (Rule 58 of the Rules of Procedure)
- Loss of mandate (Art. 26, 109 to 113, and 135 (1) of the Constitution; revocation before expiry of mandate by the electors). In this case, MPs have (no) means of recourse.
- Loss of mandate (Art. 67 of the Organic Law on the Legislative Office in connection with Art. 135 (2) to (4) of the Constitution, Art. 58, 68, No. 2, and 69 of the Organic Law on the Legislative Office, and Rule 32 of the Rules of Procedure; incompatibilities).
- Loss of mandate and other sanctions (Art. 136 of the Constitution, violation of the Code of Ethics).
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| Relations between MPs and pressure group |
· There are no legal provisions in this field.
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