| Parliament name (generic / translated) |
Knesset / Parliament |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
· Free representation |
| Start of the mandate |
· When the MPs take the oath (S. 16 of The Basic Law: The Knesset). Procedure (S. 14 to 16 of The Basic Law: The Knesset; status 19.05.1987). |
| Validation of mandates |
|
| End of the mandate |
· On the day when the newly elected Parliament meets (S. 37 of The Basic Law: The Knesset; for early dissolution, see S. 34 to 37 of The Basic Law: The Knesset) |
| Can MPs resign? |
Yes |
· Yes, of their own free will (S. 40 of The Basic Law: The Knesset)· Procedure (S. 40 and 41 of The Basic Law: The Knesset, Rule 23 of The Knesset Rules of Procedure)· Authority competent to accept the resignation: the resignation does not have to be accept |
| Can MPs lose their mandate ? |
Yes |
(a) Definitive exclusion from Parliament by the latter (S. 42 (a) and 43 (a) of The Basic Law: The Knesset)
(b) Loss of mandate for incompatibilities (S. 7, 42 and 43 (a) of The Basic Law: The Knesset) |
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The Speaker
2. The Deputy Speakers and Committee Chairmen
3. The other MPs
.· Outside Parliament: the official order of precedence ranks the Speaker of the Knesset (Vice-President of State) in the 3rd position, former Knesset Speakers and the chairman of the largest party in opposition in the 12th position, Deputy Knesset Speakers in the 14th position, and ordinary MPs in the 15th position. |
| Indemnities, facilities and services |
· Official passport·
. Basic salary (see also S. 39 of The Basic Law: The Knesset): in accordance with function
+ cost of living increment
+ subsistence allowance
· No exemption from tax but income tax payable on expense refunds is grossed up by the Knesset
· Pension scheme
· Other facilities:
(a) Secretariat (see also Rules 19 (a) and 24 of The Knesset Rules of Procedure)
(b) Assistants (see also Rule 26 of The Knesset Rules of Procedure)
(c) Official housing
(d) Official car and driver for the Speaker
(e) Postal and telephone services
(f) Travel and transport |
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (S. 17 of The Basic Law: The Knesset; Art. 1 (a) of The Immunity of Members of Knesset, their Rights and Duties Law - 1951).
· 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 (Rules 69, and 72 (a) of The Knesset Rules of Procedure; see Discipline)
· Non-accountability takes effect at the end of the election day, or, for a candidate who has become a Member of Knesset after elections (resignation/death of another MP), on the day when the mandate begins (Art. 88 of The Election Law). It offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate (Art. 1 (c) of The Immunity of Members of Knesset, their Rights and Duties Law - 1951). |
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (S. 17 of The Basic Law: The Knesset; The Immunity of Members of Knesset, their Rights and Duties Law - 1951).· It applies to criminal and civil proceedings, but does not cover all offences. It 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: an MP can be detained if he has been caught while performing a criminal act involving the use of force, disturbance of the peace or treason, and be held for 10 days (Art. 3 (a) and (c) of The Immunity of Members of Knesset, their Rights and Duties Law).
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal. However, the exact time of his appearance will be determined with the Speaker of the Knesset (Art. 8 of The Immunity of Members of Knesset, their Rights and Duties Law - 1951).
· Protection is provided from the end of the election day, or, for a candidate who has become a Member of Knesset after elections (resignation/death of another MP), on the day when the mandate begins (Art. 88 of The Election Law), and lasts until the end of the mandate. It also covers judicial proceedings instituted against MPs before their election (Art. 5 of The Immunity of Members of Knesset, their Rights and Duties Law).
· Parliamentary immunity (inviolability) can be lifted:
- Competent authority: the Knesset, the House Committee
- Procedure (Art. 13 (a), (b), (d), (e), (f), and (g) of The Immunity of Members of Knesset, their Rights and Duties Law). In this case, MPs must be heard. They 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 con-erned cannot be authorised to attend sittings of Parliament. |
| EXERCISE OF THE MANDATE |
| Training |
· There is an informal training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by the parliamentary groups, the Secretary-General of the Knesset and the Knesset Legal Department.
· Handbooks of parliamentary procedure:
- The Knesset Rules of Procedure |
| Participation in the work of the Parliament |
· It is not compulsory for MPs to be present at plenary sittings, committee meetings, or other meetings (see Rule 22 of The Knesset Rules of Procedure).
· Penalties foreseen in case of failure to attend sittings: remark, warning or rebuke, denial of salary and other payments during the period in question (Art. 13d (3) (a), (b) and (d) of The Immunity of Members of Knesset, their Rights and Duties Law)
· Body competent to judge such cases/to apply the penalties: the Ethics Committee |
| Discipline |
· The rules governing discipline within Parliament are contained in Rules 67 to 74 of The Knesset Rules of Procedure.
· Disciplinary measures foreseen:
- Remark (Rule 67 (a) of The Knesset Rules of Procedure)
- Deletion from the records (Rule 67 (b) of The Knesset Rules of Procedure)
- Call to order (Rule 69 of The Knesset Rules of Procedure)
- Denial of the right to speak (Rule 70 (a) of The Knesset Rules of Procedure)
- Removal from the sitting (Rules 70 (a), 72 (a), and 74 of The Knesset Rules of Procedure)
- Exclusion from the sitting (Rules 70 (b), 72 (b), and 73 of The Knesset Rules of Procedure)
- Suspension of the sitting (Rule 71 of The Knesset Rules of Proce-dure)
- Instruction to descend from the rostrum, withdrawal of the permission to speak (Rule 71A of The Knesset Rules of Procedure)
- Order not to participate in sittings of the Knesset (Rule 72A of The Knesset Rules of Procedure)
· Specific cases:
- Offence or insult (Rules 69, and 72 (a) of The Knesset Rules of Procedure)
· Competent body to judge such cases/to apply penalties:
- Remark, deletion from the records, call to order, offence or insult; suspension of the sitting, removal by force; order not to participate in sittings of the Knesset: the Speaker
- Denial of the right to speak, removal and exclusion from the sitting: the Speaker, the House Committee; the Knesset (appeal)
- Removal and exclusion from the sitting, removal by force, offence or insult: the Knesset, the House Committee, the Speaker; the Knesset (appeal)
- Instruction to descend from the rostrum, withdrawal of the permission to speak: the Speaker; the House Committee (appeal)
- General procedure for appeal: the House Committee
· Procedure:
- Remark, deletion from the records (Rule 67 of The Knesset Rules of Procedure)
- Call to order, offence or insult (Rule 69 of The Knesset Rules of Procedure)
- Denial of the right to speak, removal and exclusion from the sitting (Rules 70 and 73 of The Knesset Rules of Procedure)
- Removal and exclusion from the sitting, removal by force, offence or insult (Rules 72, 73, and 74 of The Knesset Rules of Procedure)
- Suspension of the sitting, removal by force (Rules 71 and 74 of The Knesset Rules of Procedure)
- Instruction to descend from the rostrum, withdrawal of the permission to speak (Rule 71A of The Knesset Rules of Procedure)
- Order not to participate in sittings of the Knesset (Rule 72A of The Knesset Rules of Procedure)
- General procedure for appeal (Rule 68 (b) of The Knesset Rules of Procedure) |
| Code (rules) of conduct |
· This concept does exist in the country's juridical system (Rules of Ethics, see also The Immunity of Members of Knesset, their Rights and Duties Law and The Knesset Rules of Procedure, see further S. 7, 42 and 43 (a) of The Basic Law: The Knesset; for the declaration of personal assets, see Obligation to declare personal assets).
· Penalties foreseen for violation of the code and rules of conduct:
- Loss of mandate (S. 7, 42, 42a and 43 (a) of The Basic Law: The Knesset; criminal conviction, incompatibilities)
- Suspension from office (S. 42b and 43 (b) of The Basic Law: The Knesset)
- Remark, warning, rebuke, severe rebuke (Rules of Ethics, The Immunity of Members of Knesset, their Rights and Duties Law, The Knesset Rules of Procedure; violation of the code of conduct).
. Body competent:
- Loss of mandate: the Knesset;
- Suspension from office: the House Committee
- Remark, warning, rebuke, severe rebuke: the Knesset Ethics Committee
· Procedure:
- Loss of mandate (S. 7, 42, 42a and 43 (a) of The Basic Law: The Knesset)
- Suspension from office (S. 42b and 43 (b) of The Basic Law: The Knesset)
- Remark, warning, rebuke, severe rebuke (Rules of Ethics, The Immunity of Members of Knesset, their Rights and Duties Law, The Knesset Rules of Procedure) |
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
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