| Parliament name (generic / translated) |
Assemblée nationale / National Assembly |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Chambre des Députés / Chamber of Deputies |
| Related chamber (for bicameral parliaments) |
Sénat / Senate
|
| NATURE |
| Nature of the mandate |
· Free representation |
| Start of the mandate |
· When the MPs take the oath at the first sitting of the Chamber of Deputies (Art. 29 of the Standing Orders; see also Art. 92-1 of the Constitution of 29.03.1987 and Art. 5 of the Standing Orders). Procedure (Art. 109 of the Constitution, Art. 26 to 29 of the Standing Orders). |
| Validation of mandates |
· Validation by the Chamber of Deputies, meeting in special committees (Art. 108 of the Constitution) Procedure (Art. 11 to 14, 20 to 25 of the Standing Orders) |
| End of the mandate |
· On the day when the legal term of the House ends (the Chamber cannot be dissolved; see Art. 111-8 of the Constitution) |
| Can MPs resign? |
Yes |
· Yes, of their own free will
· Procedure: MPs give notification of resignation to the President of the Board of the Chamber, who places the matter on the agenda of a sitting.
· Authority competent to accept the resignation: the Chamber of Deputies |
| Can MPs lose their mandate ? |
Yes |
(a) Loss of mandate by judicial decision resulting in ineligibility (Art. 113 of the Constitution) |
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Outside Parliament: the official order of precedence ranks the President in the 4th position |
| Indemnities, facilities and services |
· Diplomatic passport
· Basic salary (see also Art. 129 of the Constitution: HTG 27,500
+ Allowance for fixed expenses: HTG 5,000
· No tax exemption
· Pension scheme
· Other facilities:
(a) Office in the electoral constituency
(b) General Secretariat (Art. 112 of the Constitution, Art. 31 to 31.3 of the Standing Orders)
(c) Official housing: Allowance for a second home: HTG 5,000
(d) Official car
(e) Travel and transport on official missions
|
| Obligation to declare personal assets |
No |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept exists (Art. 114-1 of the Constitutions)
· 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: slander or libel
· Non-accountability takes effect on the day when the mandate begins (Art. 114 of the Constitution) 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. 114-2 and 115 of the Constitution).
· It applies only to criminal proceedings, covers all offences with the exception of minor infractions 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: in cases of flagrante delicto for acts liable to a corporal and infamous sentence, the authorisation of the Chamber is not necessary for arrest.
· 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 (Art. 114 of the Constitution). It does not also cover judicial proceedings instituted against MPs before their election. In such cases, however, MPs' mandates may not be validated (see Procedure for validation of mandates).
· Parliamentary immunity (inviolability) can be lifted (Art. 115 of the Constitution):
- Competent authority: the Chamber of Deputies
- Procedure (Art. 115 of the Constitution, Art. 303 to 311 of the Standing Orders). In this case, MPs can 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. |
| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by the political parties and certain international bodies.
· A project to edit a handbook of parliamentary procedure is under study. |
| Participation in the work of the Parliament |
· It is not compulsory for MPs to be present at plenary sittings or committee meetings (see also Art. 287 to 290 of the Standing Orders).
· Penalties foreseen in case of failure to fulfil this obligation (see also Art. 291 of the Standing Orders):
- Reading out, in a public sitting, posting in the meeting room and publication of the list of absences
- Salary deductions
- Loss of right to be deputised for the remainder of the session and of the right to stand for election to the Board or committees for three consecutive ungrounded absences in plenary sittings or committee meetings (Art. 295 of the Standing Orders)
· Body competent to judge such cases/to impose penalties: |
| Discipline |
· The rules governing discipline within Parliament are contained in Art. 49, 273 to 275 and 283 to 295 of the Standing Orders.
· Disciplinary measures foreseen (Art. 283 of the Standing Orders):
- Call to order (Art. 274, 284 and 292 of the Standing Orders)
- Call to order with entry in the record (Art. 293 of the Standing Orders)
- Censure with one month's forfeiture of one-fourth of the monthly salary allotted to the MP (Art. 285 to 286-2 and 294 of the Standing Orders)
- Warning for irrelevance (Art. 273 of the Standing Orders)
· Specific cases:
- Offence or insult (Art. 275 of the Standing Orders)
· Competent body to judge such cases (Art. 49 of the Standing Orders):
- Call to order, call to order with entry in the record, warning for irrelevance: the President
- Censure with one month's forfeiture of one-fourth of the monthly salary allotted to MPs: the Chamber, on a proposal by the President
Penalties are imposed by the First Secretary.
· Procedure:
- Call to order (Art. 274 and 284 of the Standing Orders)
- Censure with one month's forfeiture of one-fourth of the MPs' monthly salary (Art. 285 to 286-2 of the Standing Orders)
- Warning for irrelevance (Art. 273 of the Standing Orders) |
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 112-1 of the Constitution, Art. 296 to 302 of the Standing Orders).
· Penalties foreseen for violation of the rules of conduct:
- Call to order (Art. 301 of the Standing Orders)
- Censure (Art. 301 of the Standing Orders)
· Competent body to judge such cases/to impose penalties:
- Call to order: the President
- Censure: the Chamber of Deputies
Procedure (Art. 112-1 of the Constitution, Art. 297 to 302 of the Standing Orders). |
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
