| Parliament name (generic / translated) |
Assemblée nationale / National Assembly |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
· Free representation (Art. 57 of the Fundamental Law of 23.12.1990) |
| Start of the mandate |
· When the MPs take the oath |
| Validation of mandates |
· Validation by the Supreme Court (Art. 49 and 83 (3) of the Fundamental Law)
· Procedure (Art. 49 of the Fundamental Law, Art. 154 to 156 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 (Art. 6 (1) of the Fundamental Law)
· Procedure (Art. 6 of the Fundamental Law)
· Authority competent to accept the resignation: the National Assembly |
| Can MPs lose their mandate ? |
Yes |
(a) Definitive exclusion from Parliament by the latter: loss for non-attendance of plenary sittings (Art. 92 of the Standing Orders)
(b) Loss of mandate by judicial decision:
- Loss for ineligibility (Art. 131 of the Electoral Code)
- Loss for incompatibility (Art. 141 of the Electoral Code)
- Loss for high treason, or in case of a fragrante delicto crime or prosecution authorised by the National Assembly once the sentence is final |
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Outside Parliament: the official order of precedence ranks the President of the National Assembly in the 2nd position |
| Indemnities, facilities and services |
· Diplomatic passport
· Basic salary (Art. 51 (1) of the Fundamental Law):
+ Sessional allowance:
+ Duty allowance (Board members, leaders of parliamentary groups, Committee chairpersons and rapporteurs)
· Total exemption from tax
· No special pension scheme
· Other facilities:
(a) Secretariat:
(b) Assistants:
(c) Official car for Board members
(d) Security guards
(e) Postal and telephone services
(f) Travel and transport |
| Obligation to declare personal assets |
No |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept exists (Art. 52 (1) of the Fundamental Law, Art. 48 (1) of the Standing Orders).
· 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 and insult (Art. 50 (6), 52 and 55 (1) of the Standing Orders, 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 exists (Art. 52 (2) and (3) of the Fundamental Law, Art. 48 (2) and (3) of the Standing Orders).
· It applies (only) to (criminal) (civil) proceedings, covers all offences (with the exception of ...) and protects MPs (only ...) 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 matters is possible in cases of flagrante delicto (Art. 52 (2) of the Fundamental Law, Art. 48 (2) of the Standing Orders)
- when Parliament is in recess, arrest or detention is possible in cases of flagrante delicto, prosecution authorised by the Assembly or final sentencing (Art. 52 (3) of the Fundamental Law, Art. 48 (3) of the Standing Orders).
· 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. It does not also cover judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted (Art. 52 (2) and (3) of the Fundamental Law, Art. 48 (2) and (3) of the Standing Orders):
- Competent authority: the National Assembly; the Board (for arrest or detention when Parliament is not in session)
- Procedure (Art. 49 of the Standing Orders). In this case, MPs can be heard. They do (not) have means of appeal.
· Parliament can(not) subject the prosecution and/or detention to the condition of ... (to certain conditions) (:)
- Competent authority:
- Procedure :
· Parliament can suspend the prosecution and/or detention of one of its members (Art. 52 (4) of the Fundamental Law, Art. 48 (4) of the Standing Orders):
- Competent authority: the National Assembly
- Procedure (Art. 49 of the Standing Orders).
· 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 NGOs, foundations, international organisations, inter-parliamentary co-operation, etc.
· Handbooks of parliamentary procedure: |
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings and committee meetings (for leave, see Art. 93 of the Standing Orders).
· Penalties foreseen in case of failure to fulfil this obligation (Art. 92 of the Standing Orders): loss of mandate
· Body competent to judge such cases/to impose penalties: |
| Discipline |
· The rules governing discipline within Parliament are contained in Art. 50 (4) to (6), 51 (5), 52 to 56, 62, 64, 66 (5) to (7), and Art. 69 (1) of the Standing Orders.
· Disciplinary measures foreseen (Art. 54 of the Standing Orders):
- Call to order (Art. 55, 66 (6) and 69 (1) of the Standing Orders)
- Call to order with entry in the record (Art. 56 (1) and (3), 66 (7) and 69 (1) of the Standing Orders)
- Entry in the record with censure and prohibition on taking the floor (Art. 56 (1) and (4), Art. 66 (7) of the Standing Orders)
- Temporary expulsion for not more than 24 hours (Art. 56 (1) (2) (5) and (6) and Art. 69 (1) of the Standing Orders)
- Warning for irrelevance (Art. 66 (6) and 69 (1) of the Standing Orders)
- Deletion of comments from the record (Art. 66 (5) and (6) and 69 (1) of the Standing Orders)
- Point of order (Art. 69 (1) of the Standing Orders)
- Withdrawal of the floor (Art. 69 (1) of the Standing Orders)
· Specific cases:
- Offence or insult (Art. 50 (6), 52 and 55 (1) of the Standing Orders): call to order, call to order with entry on the record, entry on the record with censure and prohibition on taking the floor, temporary expulsion for not more than 24 hours, three months' imprisonment and/or a fine of 10,000 to 50,000 Guinean francs
- Disturbance (Art. 50 (4) to (6) of the Standing Orders): expulsion from the meeting room, arrest, drawing-up of a record and referral to the Public Prosecutor, three months' imprisonment and/or fine of 10,000 to 50,000 Guinean francs
- Noisy signs of approval or disapproval (Art. 51 (5) of the Standing Orders): expulsion
- Uproar (Art. 53 of the Standing Orders): suspension or lifting of the sitting
· Competent body to judge such cases/to impose penalties (Art. 62 (1) of the Standing Orders):
- Call to order, warning for irrelevance, deletion of comments from the record, point of order, withdrawal of the floor, offence or insult, disturbance, noisy signs of approval or disapproval, uproar: the President
- Call to order with entry in the record, entry in the record with censure and prohibition on taking the floor: the National Assembly, on a proposal by the President
- Temporary expulsion for not more than 24 hours, offence or insult: the President; the National Assembly (upholding)
· Procedure:
- Call to order, offence or insult (Art. 55 of the Standing Orders)
- Call to order with entry in the record, entry in the record with censure and prohibition on taking the floor, temporary expulsion for not more than 24 hours, offence or insult (Art. 56 and 66 (7) of the Standing Orders)
- Warning for irrelevance, deletion of comments from the record, point of order, withdrawal of the floor (Art. 66 (5) and (6), and 69 (1) of the Standing Orders)
- Disturbance, offence or insult (Art. 50 (4) to (6) of the Standing Orders)
- Noisy signs of approval or disapproval (Art. 51 (5) of the Standing Orders)
- Uproar (Art. 53 of the Standing Orders) |
| Code (rules) of conduct |
· This concept does (not) exist in the country's juridical system [references, texts or comments].
· Penalties foreseen for violation of the code of conduct [references, texts or comments]:
· Competent body to judge such cases/to impose penalties:
· Procedure [references, texts or comments]:
- In this case, MPs have (no) means of recourse. |
| Relations between MPs and pressure group |
· There is one legal provision in this field (Art. 3 (3) of the Fundamental Law; prohibition, for parties, to identify themselves with a given race, ethnic group, religion or territory) |
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