| Parliament name |
- |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Majlis Al-Chaab / People's Assembly |
| Related chamber (for bicameral parliaments) |
Majlis Ash-Shura / Shoura Assembly
|
| NATURE |
| Nature of the mandate |
· Free representation |
| Start of the mandate |
When the results are declared (for appointed MPs when they are appointed) |
| Validation of mandates |
· Validation by the People's Assembly (Art. 93 (1) of the Constitution of 02.09.1971, with the amendments of 22.05.1980)
· Procedure (Art. 93 of the Constitution, Art. 347 to 355 of the Standing Orders) |
| End of the mandate |
· On the day when the legal term of the House ends - or on the day of early dissolution (see Art. 92 (1) and Art. 94 (2) of the Constitution; for dissolution, see art. 136 of the Constitution) |
| Can MPs resign? |
Yes |
· Yes, of their own free will (Art. 385 (1) of the Standing Orders
· Procedure (Art. 97 of the Constitution, Art. 385 and 386 (3) of the Standing Orders)
· Authority competent to accept the resignation: the People's Assembly |
| Can MPs lose their mandate ? |
Yes |
(a) Definitive exclusion from Parliament by the latter (Art. 96 of the Constitution): loss of confidence and consideration, of one of the conditions of the term of office or the status of worker or farmer on the basis of which he was elected, or failure to fulfil the obligations of his mandate (for the latter, see Art. 369 to 376, and Art. 377 (1), N° 5, (2) and (4), Art. 378 and 379 of the Standing Orders (see Code of conduct). Procedure (Art. 96 of the Constitution, Art. 380 to 384 of the Standing Orders)
(b) Death (Art. 386 (1) and (2) of the Standing Orders |
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament (see Art. 412 of the Standing Orders):
1. The President
2.
3. The leaders of parties
4. The representatives of the parliamentary groups
5. The Committee Presidents
6. The Committee Vice-Presidents
7. The Committee secretaries |
| Indemnities, facilities and services |
· Duty passport for all members, diplomatic passport only for certain members on an exceptional basis:
·Basic salary: (see also Art. 91 of the Constitution): EGP 75 per month
+ Additional allowance: EGP 70 per plenary sitting
EGP 50 per committee
· Total exemption from tax· Pension scheme· Other facilities (Art. 411 of the Standing Orders):
(a) Equipped secretariat (see also Art. 401 to 407 of the Standing Orders)
(b) Car fleet
(c) Postal and telephone services:
(d) Travel and transport (Art. 30 of the Law on the People's Assembly)
(e) Other
|
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 98 of the Constitution; see also Art. 2 of the Standing Orders).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: offence or insult (Art. 377 (1), N° 3 to N° 5, (2) to (5), Art. 378 and 379 of the Standing Orders; see Discipline) |
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Art. 99 of the Constitution, Art. 359 of the Standing Orders, Art. 25 of the Law on the People's Assembly).
· It applies to criminal and disciplinary proceedings, and in civil proceedings only to actions involving civil liability and personal status, 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: in case of flagrante delicto, the authorisation of the People's Assembly is not required for criminal proceedings.
· 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. It does not cover judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted (Art. 99 of the Constitution, Art. 359 of the Standing Orders):
- Competent authority: the People's Assembly, the President of the Assembly
- Procedure (Art. 359 to 363 of the Standing Orders). In this case, MPs can be heard. They do (not) 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 no training/initiation process on parliamentary practices and procedures for MPs.
· Handbooks of parliamentary procedure:
- Standing Orders
- Guides on subjects closely linked to the mandate |
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings and committee meetings (Art. 364 (2) of the Standing Orders; for requests for leave, see Art. 364 (1) and (3) and Art. 365 of the Standing Orders).
· Penalties foreseen in case of failure to fulfil this obligation (Art. 366 of the Standing Orders): forfeiture of entitlement to the salary
· Body competent to judge such cases/to impose penalties: |
| Discipline |
· The rules governing discipline within Parliament are contained in Art. 105 of the Constitution and Art. 280, 285 to 295, 377 to 379 and 387(1) of the Standing Orders. See also Code of conduct.
· Disciplinary measures foreseen:
- Withdrawal of the floor (art. 280 of the Standing Orders)
- Interruption, remark, call to order (Art. 285, 286 and 289 of the Standing Orders)
- Deletions of comments from the record (Art. 287 of the Standing Orders)
- Naming with a warning or ban on keeping the floor (Art. 288 and 289 of the Standing Orders
- Ban on taking the floor for the remainder of the sitting (Art. 290, N° 1 of the Standing Orders)
- Reprimand (Art. 290, N° 2 of the Standing Orders)
- Exclusion from the meeting room for a single sitting (Art. 290, N° 3 of the Standing Orders)
- Ban on taking part in the work of the Assembly and of its committees for a period not exceeding two sittings (Art. 290, N° 4 of the Standing Orders)
- Ban on taking part in the work of the Assembly and of its committees for a period not exceeding five sittings (Art. 290, N° 5 of the Standing Orders)
- Suspension or lifting of the sitting, renewal of the ban on taking part in the work of the Assembly and its committees (Art. 292 of the Standing Orders)
- Ban on taking part in the work of the Assembly and of its committees for a period not exceeding ten sittings, report by the Ethics Committee (Art. 294 of the Standing Orders)
· Specific cases:
- Offence or insult (Art. 377 (1), N° 3 to N° 5, (2) to (5), Art. 378 and 379 of the Standing Orders): ban on taking part in the work of the Assembly for a number of sittings not less than two or more than ten; ban on taking part in the work of the Assembly for a period not exceeding ten sittings and not lasting beyond the end of the session; loss of mandate; other consequences
- Disturbance of order (Art. 295 of the Standing Orders): suspension or adjournment of the sitting
· Competent body to judge such cases/to impose penalties (Art. 105 of the Constitution, Art. 387 (1) of the Standing Orders):
- Withdrawal of the floor, interruption, critical remark, call to order, deletion of comments from the record, naming with a warning or ban on keeping the floor: the President, the People's Assembly
- Ban on taking the floor for the remainder of the sitting, reprimand, exclusion from the meeting room for a single sitting, ban on taking part in the work of the Assembly and its committees for a period not exceeding two sittings, ban on taking part in the work of the Assembly and its committees for a period not exceeding five sittings: the People's Assembly, on the proposal of its President
- Suspension or lifting of the sitting, renewal of the ban on taking part in the work of the Assembly or its committees, disturbance: the President
- Ban on taking part in the work of the Assembly and its committees for a period not exceeding ten sittings, report by the Committee on Ethics, Offence and Insult (Art. 377 (1), N° 3 to N° 5, (2) to (5), Art. 378 and 379 of the Standing Orders): the People's Assembly
· Procedure:
- Withdrawal of the floor (Art. 280 of the Standing Orders)
- Interruption, critical comment, call to order (Art. 285, 286 and 289 of the Standing Orders)
- Deletion of comments from the record (Art. 287 of the Standing Orders)
- Naming with warning or ban on keeping the floor (Art. 288 and 289 of the Standing Orders)
- Ban on keeping the floor for the remainder of the sitting, reprimand, exclusion from the meeting room for a single sitting, ban on taking part in the work of the Assembly and its committees for a period not exceeding two sittings, ban on taking part in the work of the Assembly and its committees for a period not exceeding five sittings (Art. 290, 291 and 293 of the Standing Orders)
- Suspension or lifting of the sitting, renewal of the ban on taking part in the work of the Assembly and its committees (Art. 292 of the Standing Orders)
- Ban on taking part in the work of the Assembly and its committees for a period not exceeding ten sittings, report by the Ethics Committee (Art. 294 of the Standing Orders)
- Offence or insult (Art. 377 (1), N° 3 to N° 5, (2) to (4), Art. 378 and 379 of the Standing Orders)
- Disturbance (Art. 295 of the Standing Orders)
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but some relevant provisions exist (Art. 25, 26 and 369 to 379 of the Standing Orders).
· Penalties foreseen for violation of the code of conduct:
- Reprimand; ban on taking part in Assembly delegations for the duration of the session; ban on taking part in the work of the Assembly for a number of sittings not less than two or more than ten; ban on taking part in the work of the Assembly for a period not exceeding ten sittings and not lasting beyond the end of the session; loss of mandate; other consequences (Art. 377 (1) and (5) of the Standing Orders; non-respect for members' obligations, acts contrary to the rules prohibiting a type of behaviour; see also Discipli-nary measures - offence or insult)
· Competent body to judge such cases/to impose penalties:
- Reprimand; ban on taking part in Assembly delegations for the duration of the session; ban on taking part in the work of the Assembly for a number of sittings not less than two or more than ten; ban on taking part in the work of the Assembly for a period not exceeding ten sittings and not lasting beyond the end of the session; other consequences: the Ethics Committee, the General Committee or the Joint Committee; the People's Assembly (appeal)
- Forfeiture of mandate: the People's Assembly
· Procedure:
- Reprimand, ban on taking part in Assembly delegations for the duration of the session; ban on taking part in the work of the Assembly for a number of sittings which is not less than two or more than ten; ban on taking part in the work of the Assembly for a period not exceeding ten sittings and not lasting beyond the end of the session; loss of mandate (Art. 25 to 35, and 377 (1) to (4) of the Standing Orders)
|
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
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