| Parliament name (generic / translated) |
Chambre des Députés / Chamber of Deputies |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
· Free representation (Art. 50 of the Constitution of 17.10.1868, up-dated up to 1996) |
| Start of the mandate |
· When the MPs take the oath (see Art. 57 (2) and (3) of the Constitution and Art. 3 (6) of the Standing Orders of the Chamber of Deputies) |
| Validation of mandates |
· Validation by the Chamber of Deputies (Art. 57 (1) of the Constitution and Art. 3 (1) of the Standing Orders)
· Procedure (Art. 3 (2) to (5) of the Standing Orders)
|
| End of the mandate |
· On the day when the legal term of the House ends or, in case of early dissolution, on the day of dissolution |
| Can MPs resign? |
Yes |
· Yes, of their own free will
· Procedure: resignations are addressed by letter to the President of the Chamber of Deputies.
· Authority competent to accept the resignation: the Chamber's agreement is not required.
|
| Can MPs lose their mandate ? |
Yes |
(a) Loss of mandate for incompatibility (compulsory resignation): in case of acceptance of an office incompatible with the mandate of deputy (see Art. 54 to 55 of the Constitution)
(b) Loss of mandate by judicial decision: in the event the sentence handed down results in ineligibility (see Art. 53 of the Constitution). However, according to the decision of the Chamber, the accessory penalty of forfeiture, by court decision, of the right to hold public office or employ, does not apply to the parliamentary mandate.
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| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. President of the Chamber of Deputies
2. Vice-Presidents of the Chamber of Deputies
3. Other members of the Board of the Chamber
· Outside Parliament: the official order of precedence ranks the President of the Chamber in the 2nd position after H.R.H. the Grand Duke
|
| Indemnities, facilities and services |
· Diplomatic passport for deputies who belong to an international parliamentary assembly
· Basic salary: LUF 165,000/per month
+ Family allowance: between LUF 2,000 and LUF 13,000/per month
· Exemption from tax for half of the basic salary
· Pension scheme:
- Deputies from the public sector: special pension paid by the State for compulsory retirement during the mandate (between 20/60 and 50/60 of the last salary depending on years of service)
- Deputies from the private sector: reimbursement of contributions paid to social security/insurance pension and political leave (LUF 55,530 for members of independent professions and deputies with no profession)
· Other facilities:
(a) Secretariat, computer equipment and fax included
(b) Assistants
(c) Official car only for the President of the Chamber
(d) Postal and telephone services
(e) Travel and transport: only in case of official missions for the Chamber of Deputies
|
| Obligation to declare personal assets |
No |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 68 of the Constitution).
· Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament provided MPs said or wrote them in the exercise of their functions.
· Derogations: insult of Parliament or its President (Art. 48 (2), No. 3 of the Standing Orders of the Chamber of Deputies; 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. 69 of the Constitution).
· It applies only to criminal 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. As for their homes being searched, there is no jurisprudence in Luxembourg.
· Derogations: in cases involving flagrante delicto, inviolability does not apply.
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided only during sessions. It does not cover judicial proceedings instituted against MPs before their election. However, such proceedings may be suspended by the Chamber for the duration of the session.
· Parliamentary immunity (inviolability) can be lifted (Art. 69 of the Constitution):
- Competent authority: the Chamber of Deputies
- Procedure (see Art. 159 to 161 and 163 to 166 of the Standing Orders of the Chamber of Deputies). In this case, MPs can be heard by the special committee. They do not have means of appeal.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament can suspend the prosecution and/or detention of one of its members (Art. 69 of the Constitution):
- Competent authority: the Chamber of Deputies
- Procedure (see Art. 159 to 160, 162 to 164 and 166 of the Standing Orders of the Chamber of Deputies): the Committee can hear the author or first signatory of the proposal and the deputy concerned or the colleague he has asked to represent him.
· In the event of preventive custody or imprisonment, the MPs concerned can be authorised to attend sittings of Parliament:
- Competent authority: the judicial authorities
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| EXERCISE OF THE MANDATE |
| Training |
· There is no training/initiation process on parliamentary practices and procedures for MPs. |
| Participation in the work of the Parliament |
· It is not compulsory for MPs to be present at plenary sittings or committee meetings. However, their (basic) salary is reduced proportionate to the number of unjustified absences. |
| Discipline |
· The rules governing discipline within Parliament are contained in title I, chapter 9 of the Standing Orders of the Chamber of Deputies (Art. 47 to 52).
· Disciplinary measures foreseen (Art. 47 (1) of the Standing Orders):
- Call to order with entry in the record (Art. 47 (2), (4) and (5) of the Standing Orders of the Chamber of Deputies)
- Call to order with forfeiture of speaking rights (Art. 47 (3) to (6) of the Standing Orders)
- Reprimand with entry in the record (Art. 48 (1) and (4) of the Standing Orders)
- Reprimand with temporary exclusion and forfeiture of the monthly basic salary (Art. 48 (2) to (7) of the Standing Orders)
· Specific cases:
- Insult of Parliament or its President (Art. 48 (2), N°3) of the Standing Orders): reprimand with temporary exclusion
- Assault (Art. 49 of the Standing Orders): reprimand with entry in the record, with temporary exclusion or temporary suspension and forfeiture of the monthly basic salary
- Uproar in the assembly (Art. 51 of the Standing Orders): suspension of the sitting
- Words contrary to order or uttered when the deputy did not have the floor (Art. 52 of the Standing Orders): deletion from the record
· Competent body to judge such cases/to impose penalties:
- Call to order with entry in the record, call to order with forfeiture of speaking rights, reprimand with entry in the record (Art. 48 (4) and Art. 50 of the Standing Orders), uproar in the assembly and words contrary to order or uttered when the deputy did not have the floor: the Chairman of the sitting
- Reprimand with temporary exclusion, insult of Parliament or its President (Art. 48 (4) of the Standing Orders): the Chamber of Deputies
- Assault: the Labour Committee
· Procedure: Deputies always have the right to be heard or to be heard through one of their colleagues for a maximum of 10 minutes.
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| Code (rules) of conduct |
· This concept does not exist in the country's juridical system. |
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
