| Parliament name (generic / translated) |
Vouli Ton Ellinon / Hellenic Parliament |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
· Free representation
|
| Start of the mandate |
· When the results are declared (Art. 53 (1) of the Constitution of 11.06.1975, as amended in 1986 and 2001)
|
| Validation of mandates |
· Validation by the competent Courts of First Instance according to the relevant provisions of the electoral law (presidential decree 351/03). Objections have to be addressed to the Special Highest Court (Art. 58 and 100 (1) (b) of the Constitution).
· Procedure (Art. 58 and 100 (4) of the Constitution, and the relevant provision of the electoral law.
|
| End of the mandate |
· On the day when the legal term of the House ends - or on the day of early dissolution (see Art. 53 (1) of the Constitution)
|
| Can MPs resign? |
Yes |
· Yes, of their own free will (Art. 60 (2) of the Constitution)
· Procedure (Art. 60 (2) of the Constitution): submission of a written declaration to the Speaker. The declaration is irrevocable.
· Authority competent to accept the resignation: the resignation need not be accepted.
|
| Can MPs lose their mandate ? |
Yes |
(a) Loss of mandate by judicial decision: decision by the Special Highest Court:
- Loss of eligibility (Art. 55 and 100 (1) (c) of the Constitution)
- Loss of mandate for incompatibilities (Art. 57 and 100 (1) (c) of the Constitution)
- General procedure (Art. 100 (4) of the Constitution)
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| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The Speaker
2. The members of the Bureau
3. The Leaders of the Opposition
4. The parliamentary representatives of each party
· Outside Parliament: the official order of precedence ranks the Speaker in the 3rd position, the Leader of the Leading Opposition Party in the 5th position, the Leaders of the political parties represented in Parliament in the 12th position, the members of the Board of Parliament in the 13th position, and the other MPs in the 16th position.
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| Indemnities, facilities and services |
· Diplomatic passport
· Basic salary (see also Art. 63 (1) of the Constitution): 5,393.40 euros
+ Additional allowance for participation in meetings
+ Family allowance
· The basic salary is not tax exempt. The allowances are tax exempt.
· Pension scheme
· Other facilities:
(a) Secretariat
(b) Assistants (see also Art. 65 (5) and (6) of the Constitution): 2 civil servants, 1 assistant
(c) Official housing
(d) Security guards: 1 policeman
(e) Postal and telephone services (see also Art. 63 (2) of the Constitution)
(f) Travel and transport (see also Art. 63 (2) of the Constitution)
(g) Others: medical care of a high functionary
According to the Constitution and the Standing Orders (S.O.) of the House, candidate MPs, MPs and Members of the European Parliament submit their electoral expenses to a special parliamentary committee. Furthermore all MPs and MEPs submit annually a detailed declaration of their personal and family assets to this special parliamentary committee. |
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 60 (1) and 61 (1) of the Constitution).
· Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament, as far as there is a direct link of the expression of opinion or vote to the exercise of the mandate.
· Derogations: libel, after lifting of immunity (Art. 61 (2) of the Constitution), offence or insult (see Discipline)
· 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. 62 (1) of the Constitution, SO 83 of the Standing Orders of the House).
· It applies only to criminal and disciplinary 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, when caught in the act of committing a felony, no leave is required (Art. 62 (4) of the Constitution).
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal. But see Art. 61 (3) of the Constitution.
· Protection is provided from the start to the end of the mandate, as well as, in the case of political crimes, between early dissolution of the House and the election of a new Parliament (Art. 62 (1) of the Constitution). It also covers judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted (Art. 62 (1) of the Constitution):
- Competent authority: the Parliament
- Procedure (Art. 62 (2) and (3) of the Constitution, SO 83 of the Standing Orders of the House). In this case, MPs have to 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 might be authorised to attend sittings of Parliament.
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| EXERCISE OF THE MANDATE |
| Training |
· There is no training/initiation process on parliamentary practices and procedures for MPs.
· Handbook of parliamentary procedure:
- Standing Orders of the House
|
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings and committee meetings (SO 76 (1) of the Standing Orders of the House). For leave of absence, see SO 76 (2) and (3) of the Standing Orders of the House.
· Penalties foreseen in case of failure to fulfil this obligation (Art. 63 of the Constitution, SO 76 (5) of the Standing Orders of the House): reduction of salary
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| Discipline |
· The rules governing discipline within Parliament are contained in Art. 65 (4) of the Constitution, and SO 77 to 81 of the Standing Orders of the House. |
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system. However, there are some relevant provisions (Art. 57 and 100 (1) (c) and (4) of the Constitution).
· Penalties foreseen for violation of the rules of conduct: loss of mandate (Art. 57 and 100 (1) (c) and (4) of the Constitution; incompatibilities)
· Competent body to judge such cases/to impose penalties: the Special Highest Court
· Procedure (Art. 57 and 100 (1) (c) and (4) of the Constitution).
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| Relations between MPs and pressure group |
· There are no legal provisions in this field.
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