| Parliament name (generic / translated) |
Il Parlamento / Parliament |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Senato della Repubblica / Senate |
| Related chamber (for bicameral parliaments) |
Camera dei Deputati / Chamber of Deputies
|
| NATURE |
| Nature of the mandate |
· Free representation (Art. 67 of the Constitution of 01.01.1948, with amendments up to 30.10.1993) |
| Start of the mandate |
· When the results are declared or, for appointed MPs, when their appointment is announced (Art. 1(1) of the Standing Orders of the Senate) |
| Validation of mandates |
· Validation by the Senate (Art. 66 of the Constitution in conjunction with Art. 51, 58(2) and 65 of the Constitution, Art. 87(1) of Presidential Decree N° 361 of 30 March 1957)
· Procedure (Art. 72 (last paragraph) and Art. 87(1) of Presidential Decree N° 361 of 30 March 1957, Rules 2 and 14 to 17 of the Rules governing the Examination of Credentials, Art. 19 of the Standing Orders of the Senate) |
| End of the mandate |
· On the day when the newly elected Parliament meets (Art. 61(2) of the Constitution). For early dissolution, see Art. 88 of the Constitution. With regard to Senators for life, see Art. 59 of the Constitution. |
| Can MPs resign? |
Yes |
· Of their own free will
· Procedure (Art. 89 of Presidential Decree N° 361 of 30 March 1957)
· Authority competent to accept the resignation: the Senate (save in the event of incompatibility) |
| Can MPs lose their mandate ? |
Yes |
(a) Definitive exclusion from Parliament by the latter:
- Forfeiture of mandate on grounds of incompatibility or loss of eligibility (Art. 66 of the Constitution in conjunction with Art. 51, 56(2), 58(2) and 65 of the Constitution, Rule 18 of the Rules governing the Examination of Credentials, Art. 19 of the Standing Orders of the Senate)
- Forfeiture of mandate for breaching the rules governing electoral campaigns (Art. 15(7) of Act N° 515 regulating electoral campaigns for political elections)
- Loss of mandate pursuant to a judicial decision: criminal conviction entailing the ancillary penalty of exclusion from public office |
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The President
2. The Vice-President
3. Life senators, according to seniority and, in cases of equal eligibility, according to age
4. Quaestors, according to seniority in the office of Senior Quaestor and, in cases of equal eligibility, according to age
5. Secretaries, according to seniority and, in cases of equal eligibility, according to age
6. Chairpersons of joint equi-representational commissions, committees and delegations, according to seniority and, in cases of equal eligibility, according to age
7. Presidents of parliamentary commissions and committees, according to seniority and, in cases of equal eligibility, according to age
8. Parliamentary secretaries of political parties represented in Parliament, by alphabetical order
9. Leaders of parliamentary groups, according to the numerical strength of the group 10. Vice-Presidents of joint equi-representational commissions, committees and delegations, according to seniority and, in cases of equal eligibility, according to age
11. Vice-Chairpersons of parliamentary commissions and committees, according to seniority and, in cases of equal eligibility, according to age
12. Secretaries of parliamentary commissions, committees and delegations, according to seniority and, in case of equal seniority, according to age
13. Presidents of advisory sub-committees, according to seniority and, in cases of equal eligibility, according to age
14. Other senators, according to seniority in Parliament and, in cases of equal eligibility, according to age |
| Indemnities, facilities and services |
· A diplomatic passport for the President, the Vice-President and the President of the Foreign Affairs Committee. An official passport for other senators (Art. 6(d) of the Ministerial Decision of 30.12.1978).
· Basic salary (Art. 69 of the Constitution): Lit. 18,560,281 (gross) per month· + Monthly subsistence allowance
· No tax exemption
· Pension scheme
· Other facilities:
(a) Secretariat
(b) Assistants
(c) Postal and telephone services
(d) Travel and transport |
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept exists (Art. 68(1) of the Constitution).
· Parliamentary non-accountability is applicable to words spoken and written by MPs both within and outside Parliament, provided that they bear a functional relationship to the exercise of the mandate.
· Derogations: insults and contempt (Art. 66 and 67 of the Standing Orders of the Senate; see Discipline)
· Non-accountability takes effect on the day when the mandate begins and, on expiry of the mandate, affords protection against prosecution for opinions expressed during the exercise of the mandate. |
| Parliamentary immunity - parliamentary inviolability |
· The concept exists (Art. 68(2 and 3) of the Constitution).
· It is applicable to criminal and civil proceedings, covers all offences and protects MPs from arrest and detention on remand, house or body searches, interception of their conversations or communications and seizure of their mail.
· Derogations:
- Senators may be arrested, without prior authorisation by the Senate, in execution of a conviction that is not subject to appeal.
- Senators may be arrested without prior authorisation by the Senate if they are caught committing an offence for which an arrest warrant is compulsory.
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or court.
· Protection is provided throughout the mandate and also covers judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted (Art. 68, paras. 2 and 3, of the Constitution):
- Competent authority: the Senate
- Procedure (Art. 19(5) and Art. 135 of the Standing Orders of the Senate). In this case, MPs can be given a hearing. There is no possibility of appeal.
· Parliament cannot impose conditions on the prosecution and/or detention.
· Parliament cannot suspend the prosecution and/or detention of one of its members.
· In the event of pre-trial custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament. |
| EXERCISE OF THE MANDATE |
| Training |
· There is a training/induction course on parliamentary practices and procedures for MPs.
· It is provided by the parliamentary groups or the Bureau of the Senate.
· Handbook of parliamentary procedure:
- Vade mecum for Senators |
| Participation in the work of the Parliament |
· It is compulsory for MPs to attend plenary sittings and committee meetings (Art. 1(2) of the Standing Orders of the Senate).
· Penalty for failure to fulfil this obligation: reduction in the variable proportion of the monthly subsistence allowance |
| Discipline |
· The rules governing discipline within Parliament are contained in Art. 8 and Chapter IX of the Standing Orders of the Senate.
· Disciplinary measures foreseen:
- Call to order, possibly with an entry in the record (Art. 66 of the Standing Orders of the Senate)
- Censure (Art. 67 of the Standing Orders of the Senate)
- Exclusion from the Senate Hall for the remainder of the sitting (Art. 67 of the Standing Orders of the Senate)
- Suspension of the sitting (Art. 67 of the Standing Orders of the Senate)
- Suspension from Parliament (Art. 67 of the Standing Orders of the Senate)
· Specific cases:
- Insults or contempt (Art. 66 and 67 of the Standing Orders of the Senate): call to order, possibly with an entry in the record, censure, exclusion from the Senate Hall for the remainder of the sitting, suspension of the sitting, suspension from Parliament
- Serious disturbances (Art. 68 of the Standing Orders of the Senate): call to order, suspension or adjournment of the sitting· Competent body to judge such cases/to impose penalties (Art. 8 of the Standing Orders of the Senate):
- Call to order, possibly with an entry in the record, censure, exclusion from the Senate Hall for the remainder of the sitting, suspension of the sitting, serious disturbances: the President
- Suspension from Parliament: the Bureau of the Senate
· Procedure:
- Call to order, possibly with an entry in the record, insults and contempt (Art. 66 of the Standing Orders of the Senate) Censure, exclusion from the Senate Hall for the remainder of the sitting, suspension of the sitting, suspension from Parliament, insults and contempt (Art. 67 of the Standing Orders of the Senate)
- Serious disturbances (Art. 68 of the Standing Orders of the Senate) |
| Code (rules) of conduct |
· This notion does not exist in the country's judicial system, but there are some relevant provisions (Art. 54, 65 and 66 of the Constitution, Rule 18 of the Rules governing the Examination of Credentials, Art. 135(6) of the Standing Orders of the Senate, Art. 290 and 313 of the Penal Code). For the declaration of personal assets, see Obligation to declare personal assets.
· Penalties for violation of the code of conduct:
- Forfeiture of mandate (Art. 66 of the Constitution in conjunction with Art. 58(2) and 65 of the Constitution; incompatibility)
- Penal sanctions (Art. 290 and 313 of the Penal Code, Art. 135(6) of the Standing Orders of the Senate; insulting the Republic, the institutions and the armed forces)
· Competent body to judge such cases/to impose penalties:
- Forfeiture of mandate: the Senate
- Penal sanctions: the ordinary judicial authorities
· Procedure:
- Forfeiture of mandate (Art. 66 of the Constitution in conjunction with Art. 65 of the Constitution, Rule 18 of the Rules governing the Examination of Credentials; incompatibility). In this case, MPs have no possibility of appeal.
- Penal sanctions (Art. 290 and 313 of the Penal Code, Art. 135(6) of the Standing Orders of the Senate; insulting the Republic, the institutions and the armed forces). In this case, MPs have no possibility of appeal. |
| Relations between MPs and pressure group |
· There are no legal provisions in this area. |
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