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NIGER
Assemblée nationale (National Assembly)

This page contains the full text of the PARLINE database entry on the selected parliamentary chamber, with the exception of Specialized bodies modules which, because of their excessive length, can be only viewed and printed separately.

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GENERAL INFORMATION ABOUT THE PARLIAMENTARY CHAMBER

Parliament name (generic / translated) Assemblée nationale / National Assembly
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Structure of parliament Unicameral
Affiliation to the IPU Yes
Affiliation date(s) 1966 - 1974
1990 - 1991
1993 - 1996
1997 - 1999
2000 - 2009
2011 -
LEADERSHIP
President Hama Amadou (M) 
Notes Elected on 19 April 2011.
Secretary General Issa Kanga (M) 
COMPOSITION
Members (statutory / current number) 113 / 113
PERCENTAGE OF WOMEN


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Women (current number) 15 (13.27%)
Mode of designation directly elected 113
Term 5 years
Last renewal dates 31 January 2011
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CONTACT INFORMATION
Address Assemblée nationale
B.P. 12234
Place de la Concertation
Niamey
NIGER
(Export mailing lists)
Phone (227 20) 72 27 38
72 42 29
72 42 30
Fax (227 20) 72 43 08
E-mail an@assemblee.ne
webmestre@assemblee.ne
Website
http://www.assemblee.ne/

ELECTORAL SYSTEM

Parliament name (generic / translated) Assemblée nationale / National Assembly
Structure of parliament Unicameral
LEGAL FRAMEWORK
Electoral law 16 April 1996
Last amendment: 30.11.2010 (The Constitution of the 7th Republic)
Mode of designation directly elected 113
Constituencies - 8 multi-member ordinary constituencies corresponding to regions and the metropolitan area of the capital Niamey (105 Deputies)
- 8 special constituencies to ensure the representation of national minority communities (8 Deputies)
Voting system Proportional: party-list proportional representation system using the simple quotient and the rule of the highest average for normal constituencies. Each list contains as many names as there are seats to be filled in the constituency.
- simple majority vote in the special constituencies
Vacancies which arise between general elections are filled by substitute members. However, by-elections are held whenever more than one-third of the seats fall vacant.
Voting is not compulsory.
Voter requirements - age: 18 years or married
- Niger citizenship
- full possession of civil and political rights
- disqualifications: conviction for crime, imprisonment for one year or more, insanity, undischarged bankruptcy, prohibition, contempt of court
CANDIDATES
Eligibility - qualified voters
- age: 21 years
- Niger citizenship
- Persons enjoying civil rights
Incompatibilities - member of the Government
- civil servant
- work financed by a foreign State or international organization
- salaried employment
Candidacy requirements - Candidature by political parties/groups or independents. At least 75 per cent of candidates on each list has to be in possession of a high school certificate
- deposit of CFA 100,000, reimbursed if the candidate or his list wins at least 5% of the votes cast in the constituency concerned
- candidatures submitted 45 days prior to polling day

LAST ELECTIONS

Parliament name (generic / translated) Assemblée nationale / National Assembly
Structure of parliament Unicameral
BACKGROUND
Dates of election / renewal (from/to) 31 January 2011
Timing and scope of renewal Elections were held for all seats in the National Assembly. A 2010 coup had led to the dissolution of the previous Assembly.
The January 2011 elections were the first to be held since a February 2010 military coup, ousted the then President Mamadou Tandja. They were held in parallel with the presidential polls.

The previous elections held in October 2009 followed months of political turmoil over a proposal to remove the two-term presidential limit from the constitution. President Tandja had been serving his second five-year term, which was due to end in December 2009.

In May 2009, President Tandja announced that a referendum on a new Constitution would be held before the end of the year. Several parties in the National Assembly, including the Democratic Social Convention (CDS, led by former President Mahamane Ousmane) opposed the proposed referendum. On 25 May, the Constitutional Court ruled that any referendum aimed at lifting the two-term presidential limit would be unconstitutional. The following day, President Tandja issued a decree dissolving the National Assembly without specifying any reason and announced that he would be ruling the country by decree. On 5 June, the Council of Ministers set the referendum date for 4 August.

In June, the Constitutional Court annulled the planned referendum. The President subsequently dissolved the Constitutional Court and appointed a new one. In July, President Tandja called another referendum for 4 August, which this time did take place. According to the official results, the new Constitution was approved by 92.5 per cent.

The Constitution of the Sixth Republic came into effect on 18 August 2009. It most notably lifted the two-term presidential limit. Although the presidential term remained five years, the term of President Tandja was extended until the next presidential elections, due to be held in December 2012. The Constitution provided for a bicameral Parliament composed of a National Assembly and a Senate. Elections for the National Assembly were called for 20 October. The composition of the Senate would be decided by the newly-elected National Assembly.

The Coordination of Democratic Forces for the Republic (CFDR), a coalition of opposition parties including the Niger Party for Democracy and Socialism (PNDS-Tarayya), and the National Alliance for Democracy and Progress (ANDP), called for a boycott of the elections in protest against the President's dissolution of the National Assembly and the Constitutional Court. The CDS joined the boycott.

In September, PNDS leader Elhadj Mahamadou Issoufou was arrested on charges of financial crimes and released on bail. He claimed that the charges were politically motivated and left the country. The Economic Community of West African States (ECOWAS) urged President Tandja to postpone the elections indefinitely and favour dialogue with the opposition. The President, nevertheless, decided to maintain the election date of 20 October.

The results of the elections gave 76 of the 113 seats to the National Movement for the Development of Society (MNSD-Nassara) led by the then Prime Minister Seyni Oumarou. Its allies - the Social Democratic Rally (RSD) and the Rally for Democracy and Progress (RDP) - took 15 and seven seats respectively. Four small parties took one seat each. Ten independent candidates were elected. Mr. Oumarou (MNSD) was elected as new Speaker on 24 November.

In the meantime, on 29 October, the government issued international arrest warrants for PNDS leader Issoufou, former prime minister Hama Amadou (a former member of the MNSD) and former president Ousmane (CDS). Following talks with officials of the European Union (EU), in early December, Prime Minister Ali Badjo Gamatié announced that the warrants would be suspended. However, on 24 December, he reported that they would be reactivated, plunging the country into an even deeper political crisis.

ECOWAS - which had stated that it would no longer recognize the authority of President Tandja beyond 22 December 2009, when his original term would have ended - criticized the move. It nevertheless continued mediation efforts led by Mr. Abdulsalami Abubakar, a former Nigerian president. In January 2010, he presented a nine-point roadmap that proposed that President Tandja remain in place during a transition period to be led by a government of national reconciliation. President Tandja insisted that his term continue until December 2012. ECOWAS' mediation talks with President Tandja and the CFDR had reportedly reached a stalemate by February. On 4 February, anti-government demonstrations involving over 10,000 people took place in the capital, Niamey.

On 18 February 2010, soldiers calling themselves the Supreme Council for the Restoration of Democracy (CSDR) staged a coup and detained President Tandja. He was charged with corruption and placed under house arrest. CSDR leader Salou Djibo promised to fight corruption and turn the nation into "an example of democracy and good governance". The CSDR suspended the Constitution and dissolved all State institutions, including the National Assembly. It later announced that it would assume legislative and executive powers until new democratic institutions were established.

On 30 March, the CSDR issued a decree establishing a National Consultative Council (CCN), which was tasked with advising on draft fundamental laws, including the Constitution, the electoral law, the Charter on political parties, and the status of the opposition. On 6 April, the CSDR appointed Mr. Marou Amadou - former President of the United Front for the Safeguard of Democracy (FUSAD, which had firmly opposed Mr. Tandja's constitutional reform plans in 2009) as the President of the CCN. The CCN, comprising 131 representatives of country's different political forces, was officially installed on 7 April. On the same day, two other institutions were established: the Drafting Committee for fundamental laws and a new 11-member Transitional Constitutional Council (CCT), presided by Ms. Fatoumata Bazèye, the former Constitutional Court President who had been dismissed by Mr. Tandja.

On 22 May, the CCN adopted a draft electoral law, which was promulgated by the CSDR on 27 May. It notably sets a two-term limit for the presidency.

On 14 June, an independent election commission (CENI) was established. On 4 July, it announced that parliamentary and presidential elections would be held concurrently on 3 January 2011 with a possible run-off on 14 January. These dates were later put back to 31 January and 12 March respectively due to internal organisation and financial problems.

On 23 July, the CCN started to disseminate the draft fundamental laws of the 7th Republic, including through its website. The draft constitution provided for a unicameral parliament: the National Assembly, and set the presidential term at five years, renewable once only. It specified that the article on the presidential term can not be reviewed or amended in the future.

Opponents of the draft argued that less executive power would make it difficult to rule Niger in light of its high poverty levels and chronic famine. Supporters insisted that approval was necessary to maintain the timeline for presidential and parliamentary elections in January 2011 and a complete handover of power by the military junta in April. On 31 October, the new constitution was approved by 90 percent of voters in a referendum, in which 52.65 per cent of the 6.7 million registered voters took part. The CSDR promulgated the new Constitution on 30 November, paving the way for the 2011 elections.

The 2010 Constitution provides that a fundamental law shall set the statutory number of members of the National Assembly (see note). Pending the adoption of such a law, it was decided, as a transitional measure, that 113 members would be elected in 2011.

In the meantime, on 29 July, the police arrested former Speaker Oumarou. On 2 August, he and three other former senior officials were charged with embezzling public funds and subsequently released on bail.

In September, the CSDR established a commission to investigate economic and financial crimes committed during Mr. Tandja's rule. The commission's report implicated Mr. Tandja and over 2,000 other people in alleged fraud.

In November, the Community Court of Justice of the Economic Community of West African States (ECOWAS) declared Mr. Tandja's arrest and detention arbitrary, and ordered his immediate release. The CFDR coalition and its allies rejected the ruling and demanded that Mr. Tandja be charged with high treason. In December, the CSDR lifted Mr. Tandja's presidential immunity. He was subsequently charged with misappropriation of State funds amounting to nearly US $125 million. On 16 January 2011, Mr. Tandja, who had been under house arrest, was transferred to a prison near Niamey. On the same day, official campaigning for the parliamentary and presidential elections started.

A number of lists for the parliamentary elections were rejected due to organizational problems and new candidate requirements. At least 75 per cent of candidates on each list now have to be in possession of a high school certificate. In the end, the CCT approved only 74 of the 141 lists submitted for the parliamentary elections. 10 candidates were contesting the presidential elections. Several parties called in vain for the polls to be postponed. On 24 January, the CSDR convened a meeting of the major political parties and subsequently announced that both elections would take place as scheduled.

The major presidential candidates included former prime minister Issoufou (PNDS), former Speaker Oumarou (MNSD), former prime minister Amadou and former president Ousmane (CDS). Mr. Issoufou had contested all presidential elections under Mr. Tandja's rule. Mr. Amadou, a former member of the MNSD, had been sentenced to prison for corruption in 2008 but was released in April 2009 on health grounds. He was living in self-imposed exile in France but returned to Niger in 2010 to form the Niger Democratic Movement for an African Federation (MDN, known as "Moden Fa Lumana"). Mr. Ousmane had also left the country in 2009 and returned after the 2010 coup. The 2011 elections saw the country's first female presidential candidate, Ms. Bayard Mariama Gamatié, who ran as an independent.

The CSDR did not field any candidates but urged voters to turn out en masse for "a new start for Niger".

Mr. Issoufou's PNDS conducted its election campaign under the slogan "With time comes hope". The MDN promised to introduce genetically modified food to meet the needs of a population on the verge of starvation. It also promised to contract Indian pharmaceutical companies to provide generic medicines.

Shortly before polling day, on 25 January, six presidential candidates, including Mr. Oumarou (MNSD), Mr. Amadou (MDN) and Mr. Ousmane (CDS), announced that they would unite under the banner of the National Reconciliation Alliance. The Alliance members agreed to cooperate in the second round of the presidential elections. The pact was widely believed to be intended to deny Mr. Issoufou victory.

On 31 January, 49.22 per cent of the 6.7 million registered voters turned out at the polls. Polling took place without any major incident.

The EU and the ECOWAS monitored the polls. The EU stated that the elections had been "transparent and generally well conducted", a view shared by the ECOWAS.

On 4 February, the CENI announced the results of the first round of the elections. The PNDS came in first with 39 seats, followed by the MNSD and the MDN, which took 26 and 24 seats respectively. The ANDP, the RDP and the Union for Democracy and the Republic (UDR, formed by former members of the RDP) won eight, seven and six seats respectively. The remaining three seats went to two small parties.

No candidate secured the required majority in the presidential polls. Mr. Issoufou (PNDS) obtained 36.06 per cent of the votes while Mr. Oumarou (MNSD) took 23.24 per cent. On 9 February, Mr. Amadou, who came third, announced that the MDN would support Mr. Issoufou in the run-off elections.

Run-off elections took place on 12 March without major incidents. Mr. Issoufou (PNDS) won the run-off, securing 58.04 per cent of the votes. The new President was sworn in on 8 April and convened the newly elected National Assembly.

On 19 April, the National Assembly elected former prime minister Hama Amadou (MDN) as its new Speaker.

Note:
Article 84 provides: "A fundamental law shall stipulate the number of members of the National Assembly, the allowances of the members of parliament and their privileges, conditions of eligibility and incompatibilities, voting methods and the conditions required for the organization of fresh elections in cases where the seat of a member of parliament is vacated."
STATISTICS
Voter turnout
Round no 131 January 2011
Number of registered electors
Voters
Blank or invalid ballot papers
Valid votes
6'740'493
3'317'935 (49.22%)
87'437
3'230'498
Notes
Distribution of votes
Round no 1
Political group Candidates Votes % of votes
Niger Party for Democracy and Socialism (PNDS) 1'066'011 33.00
National Movement for the Development Society (MNSD) 664'525 20.57
Niger Democratic Movement for an African Federation (Moden Fa Lumana, MDN) 637'108 19.72
National Alliance for Democracy and Progress (ANDP) 242'770 7.51
Rally for Democracy and Progress (RDP) 209'622 6.49
Union for Democracy and the Republic (UDR) 175'876 5.44
Democratic Social Convention (CDS) 105'828 3.28
Union of Independent Nigeriens (UNI) 32'018 0.99
Distribution of seats
Round no 1
Political Group Total of seats Election on 31 Jan. Election on 15 May
Niger Party for Democracy and Socialism (PNDS) 37 34 3
National Movement for the Development Society (MNSD) 26 25 1
Niger Democratic Movement for an African Federation (Moden Fa Lumana, MDN) 25 23 2
National Alliance for Democracy and Progress (ANDP) 8 8 0
Rally for Democracy and Progress (RDP) 7 7 0
Union for Democracy and the Republic (UDR) 6 6 0
Democratic Social Convention (CDS) 3 3 0
Union of Independent Nigeriens (UNI) 1 1 0
Distribution of seats according to sex
Men

Women

Percent of women
98

15

13.27%
Distribution of seats according to age
Distribution of seats according to profession
Comments
Note on the distribution of seats:
On 16 March 2011, the Transitional Constitutional Council pronounced its ruling on the parliamentary elections. It invalidated the results of six seats in the Agadez region. Fresh elections were held on 15 May. The distribution of seats above includes the results of the fresh elections. As at 22 July 2011, there were 15 women among the full 113 members.

Sources:
National Assembly (23.03.2011, 11.04.2011, 22.07.2011)
http://www.gouv-niger.ne/index.php?option=com_content&task=view&id=774&Itemid=1
Arrêt n° 009/11/CCT/ME du 16 mars 2011

PRESIDENCY OF THE PARLIAMENTARY CHAMBER

Parliament name (generic / translated) Assemblée nationale / National Assembly
Structure of parliament Unicameral
APPOINTMENT AND TERM OF OFFICE
Title Speaker of the National Assembly
Term - duration: 5 years (term of House)(date of expiry: 7 February 2000)
- reasons for interruption of the term: resignation, death, dissolution of the Assembly
- once the Assembly has been dissolved, the Speaker no longer plays any role
Appointment - elected by the Members of the Assembly
- election held after validation of Members' mandates
Eligibility - any Member may be a candidate
- notification of candidature must be made immediately to the Board which is headed by the oldest Member
Voting system - formal vote by secret ballot for a single candidate
- an absolute majority is required in the first round, a simple majority in the second
- if after the fourth round there is still a tie, the oldest candidate is declared elected
Procedures / results - the oldest Member presides over the Assembly during the voting
- the Board and three tellers chosen from among the Members supervise the voting
- the oldest Member announces the results without delay
- the results can be challenged
STATUS
Status - ranks second in the hierarchy of State
- is acting Head of State in case of the latter's death, inability to be present, or resignation
- represents the Assembly with the public authorities
- is ex officio member of bodies outside Parliament
- represents the Assembly in international bodies or can deputize a Member to do so
- in case of absence, the Speaker is replaced by one of the Deputy Speakers, in the order of precedence
Board - is elected under and regulated by the Standing Orders
- consists of 11 Members (1 Chairman, 4 Vice-Chairmen, 4 secretaries, 2 questors)
- elected for a one-year term
- meets when convened by the Speaker
- constitutes a true collegial presidency
Material facilities - allowance
- special allowance
FUNCTIONS
Organization of parliamentary business - convenes sessions
- organizes the debates and sets speaking time
- examines the admissibility of bills and amendments
- refers texts to a committee for study
- examines the admissibility of requests for setting up committees and/or committees of enquiry, proposes or decides on the setting-up of such committees

Chairing of public sittings - can open, adjourn and close sittings
- ensures respect for provisions of the Constitution and Standing Orders
- takes disciplinary measures in the event of disturbance, and lifts such measures
- establishes the list of speakers, gives and withdraws permission to speak
- establishes the order in which amendments are taken up, with the advice of the plenary Assembly
- calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities
- checks the quorum
- authenticates the adopted texts and the records of debates

- interprets the rules or other regulations governing the life of the Assembly
- has discretionary power to give the floor outside the agenda and thus organizes impromptu debates, with the agreement of the plenary Assembly
Special powers - is empowered to authorize disbursements - however, the budget is established by the technical services of the General Secretariat and the Questor's Office which establish the budget
- recruits, assigns and promotes staff, following deliberation by the Board
- appoints the Clerk, at the Board's suggestion
- plays a role in overseeing foreign relations and defence, in co-operation with the other constitutional authorities
- is responsible for relations with foreign Parliaments
- is responsible for safety, and in this capacity, can call the police in the event of disturbance in the Chamber
Speaking and voting rights, other functions - can take the floor in legislative debates to give a summing-up
- provides guidelines for the interpretation or completion of the text under discussion
- takes part in voting
- proposes bills or amendments, as an MP
- intervenes in the parliamentary oversight procedure
- signs the laws adopted and follows the legislative process until laws have been promulgated
- can decide that texts are inadmissible and seize the Supreme Court in case of a dispute or to verify the constitutionality of laws
- can appoint one member of the High Council of the Magistrature, and one member of the High Council for Communication
- must be consulted in certain circumstances (dissolution, etc.)

PARLIAMENTARY MANDATE

Parliament name (generic / translated) Assemblée nationale / National Assembly
Structure of parliament Unicameral
NATURE
Nature of the mandate · Free representation (Art. 66 (2) of the Constitution of 12.05.1996, Art. 10 (2) of the Law establishing the status of Deputy; see also Art. 66 (3) of the Constitution and Art. 10 (3) of the Law establishing the Status of deputy)
Start of the mandate · When the mandates are validated. Procedure (Art. 7 and 8 of the Resolution establishing the Standing Orders of the National Assembly; see also Validation of mandates)
Validation of mandates · Validation by the Supreme Court (Art. 6 (2), 65 and 102 (2) of the Constitution)
· Procedure (Art. 6 (2), 65 and 102 (2) of the Constitution)
End of the mandate · On the day when the legal term of the House ends or on the day of early dissolution. Procedure.
Can MPs resign? Yes · Yes, of their own free will (Art. 9, N° 1 of the Resolution establishing the Standing Orders of the National Assembly)
· Procedure (Art. 9, N° 1, N° 2 and N° 6) of the Resolution establishing the Standing Orders of the National Assembly)
· Authority competent to accept the resignation: the Supreme Court
Can MPs lose their mandate ? Yes (a) Loss of mandate by judicial decision:
- Compulsory resignation for non-attendance of sittings (Art. 9 (3) to (6) and Art. 10 (3) N° 3 of the Resolution establishing the Standing Orders of the National Assembly)
- Loss of mandate for incompatibility of incapacity, duly established by the Supreme Court after referral by the Board of the National Assembly
- Sentencing after the lifting of parliamentary immunity
STATUS OF MEMBERS
Rank in hierarchy
Indemnities, facilities and services · Diplomatic passport (Art. 40 and 46 (1) of the Law establishing the status of deputy)
Basic salary (Art. 31 (1) of the Law establishing the Status of Deputy): FCA francs 24,740 per day of session
· Partial exemption from tax (50%)· Special pension scheme being developed (see Art. 68 of the Constitution and Art. 48 of the Law establishing the status of deputy)
· Other facilities:
(a) Secretariat (Art. 37 of the Resolution establishing the Standing Orders of the National Assembly)
(b) Assistants
(c) Official housing during sessions (Art. 38 of the Law establishing the status of deputy)
(d) Official car
(e) Security guards
(f) Postal and telephone services
(g) Travel and transport + Lump sum allowance for transport (Art. 35 of the Law establishing the Status of Deputy): FCA francs 150,000 / month
(h) Other
Obligation to declare personal assets No
Parliamentary immunity - parliamentary non-accountability · The concept exists (Art. 67 (1) and (2) of the Constitution, Art. 15 of the Law establishing the functioning of the National Assembly, Art. 45 of the Resolution establishing the Standing Orders of the National Assembly, Art. 12 (1) and (2) of the Law establishing the status of deputy).
· Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament.
· Derogations: offence or insult (Art. 41 (1) and 44 (2) and (4) of the Resolution establishing the Standing Orders of the National Assembly, Art. 27 (2) and 30 (2) and (4) of the Law establishing the Status of Deputy; 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. 67 (3) and (4) of the Constitution, Art. 15 of the Law establishing the functioning of the National Assembly, Art. 45, 49 and 50 (1) of the Resolution establishing the Standing Orders of the National Assembly, Art. 12 (1) to (3) of the Law establishing the status of deputy).
· It applies (only) to (criminal) (civil) proceedings, covers all offences and 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:
- When Parliament is in session, prosecution or arrest in criminal proceedings is possible in cases of flagrante delicto (Art. 67 (3) of the Constitution, Art. 49 of the Resolution establishing the Standing Orders of the National Assembly, Art. 12 (2) of the Law establishing the status of deputy).
- When Parliament is not in session, arrest is possible in cases of flagrante delicto, authorised prosecution or final sentencing (Art. 67 (4) of the Constitution, Art. 50 (1) of the Resolution establishing the Standing Orders of the National Assembly, Art. 12 (3) of the Law establishing the status of deputy).
· 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 and does not also cover judicial proceedings instituted against MPs before their election, but the Supreme Court can postpone the consideration or even reject the case of the candidate.
· Parliamentary immunity (inviolability) can be lifted (Art. 67 (3) and (4) of the Constitution, Art. 16 (1) of the Law establishing the functioning of the National Assembly, Art. 49 and 50 (1) of the Resolution establishing the Standing Orders of the National Assembly, Art. 12 (2) and (3) of the Law establishing the status of deputy):
- Competent authority: the National Assembly (when Parliament is in session); the Board (when Parliament is not in session)
- Procedure (Art. 16 of the Law establishing the functioning of the National Assembly, Art. 46, 47, 51 and 52 of the Resolution establishing the Standing Orders of the National Assembly, Art. 14, 15, 17 and 18 of the Law establishing the status of deputy). In this case, MPs can be heard. 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. 67 (5) of the Constitution, Art. 50 (2) of the Resolution establishing the establishing Orders of the National Assembly, Art. 12 (4) of the Law establishing the status of deputy):
- Competent authority: the National Assembly
- Procedure (Art. 67 (5) of the Constitution, Art. 47 (1), 48, 50 (2) of the Resolution establishing the Standing Orders of the National Assembly, Art. 15 (1) and 16 of the Law establishing the status of deputy)
· 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, at the initiative of the National Assembly, by academics, senior officials or experienced MPs from other countries or by experts seconded by independent organisations (e.g. NGOs).
· Handbook of parliamentary procedure:
- Standing Orders
Participation in the work of the Parliament · It is compulsory for MPs to be present at plenary sittings and committee meetings.
· Penalties foreseen in case of failure to fulfil this obligation:
- Plenary sitting : loss of salary or loss of mandate (Art. 9 (3) to (6), Art. 10 and 42 of the Resolution establishing the Standing Orders of the National Assembly)
- Committee : exclusion from the committee and loss of salary (Art. 35 (5), Art. 42 and 44 (6) of the Resolution establishing the Standing Orders of the National Assembly, Art. 30 (7) of the Law establishing the status of deputy)
· Body competent to judge such cases/to impose penalties:
- Plenary sitting :
(a) Loss of salary :
(b) Loss of mandate : the National Assembly
- Committee :
(a) Exclusion from the committee :
(b) Loss of salary : the President of the National Assembly
Discipline · The rules governing discipline within Parliament are contained in Art. 5 (3) and (4) of the Law establishing the functioning of the National Assembly, Art. 9 (3) to (6), Art. 10, 35 (5), 40 (4) and 41 to 44 of the Resolution establishing the Standing Orders of the National Assembly, Art. 25 to 30 of the Law establishing the status of deputy.
· Disciplinary measures foreseen (Art. 42 of the Resolution establishing the Standing Orders of the National Assembly, Art. 28 of the Law establishing the status of deputy) :
- Call to order (Art. 43 of the Resolution establishing the Standing Orders of the National Assembly, Art. 29 of the Law establishing the status of deputy)
- Call to order with entry in the record (Art. 43 (3) of the Resolution establishing the Standing Orders of the National Assembly, Art. 29 (3) of the Law establishing the status of deputy)
- Censure (Art. 44 (1) to (3) of the Resolution establishing the Standing Orders of the National Assembly, Art. 30 (1) to (3) of the Law establishing the status of deputy)
- Censure with temporary exclusion (Art. 44 (1), (4) and (5) of the Resolution establishing the Standing Orders of the National Assembly, Art. 30 (1) and (4) to (5) of the Law establishing the status of deputy)
- Loss of salary or loss of mandate in plenary sitting, exclusion from the committee and loss of salary in committee (Art. 9 (3) to (6), Art. 10 and 35 (5) of the Resolution establishing the Standing Orders of the National Assembly ; see Participation in the work of Parliament)
· Specific cases:
- Offence or insult (Art. 41 (1) and 44 (2) and (4) of the Resolution establishing the Standing Orders of the National Assembly, Art. 27 (2) and 30 (2) and (4) of the Law establishing the status of deputy) : call to order, call to order with entry in the record, censure, censure with temporary exclusion
- Disturbance (Art. 5 (3) and (4) of the Law establishing the functioning of the National Assembly, art. 40 (4) of the Resolution establishing the Standing Orders of the National Assembly) : expulsion from the meeting room, arrest, drawing-up of a report, referral to the Public Prosecutor
- Uproar (Art. 41 (2) and (3) of the Resolution establishing the Standing Orders of the National Assembly) : suspension or lifting of the sitting
- Ban on carrying weapons (Art. 25 and 26 (1) and (2) of the Law establishing the status of deputy) : confiscation of the weapons, revocation of the gun-owners permit, definitive confiscation of any weapon
- Assault (Art. 27 (1) of the Law establishing the status of deputy) : call to order, call to order with entry in the record, censure, censure with temporary exclusion, exclusion from the committees; judicial proceedings
· Competent body to judge such cases/to impose penalties:
- Call to order, offence or insult, disturbance, uproar, ban on carrying weapons : the President
- Call to order with entry in the record, offence or insult: the National Assembly
- Censure, censure with temporary exclusion, offence or insult : the National Assembly, on a proposal by the President
- Loss of salary or loss of mandate in plenary, exclusion from the committee and loss of salary in committee : see Participation in the work of Parliament
- Assault : depending on the penalty (see above) ; the corresponding judicial authority· Procedure :
- Call to order, call to order with entry in the record, offence or insult (Art. 43 of the Resolution establishing the Standing Orders of the National Assembly, Art. 29 of the Law establishing the status of deputy)
- Censure, censure with temporary exclusion, offence or insult (Art. 44 (1), (3) and (5) of the Resolution establishing the Standing Orders of the National Assembly, Art.29 of the Law establishing the status of deputy)
- Loss of salary or loss of mandate in plenary, exclusion from the committee and loss of salary in committee (Art. 9 (3) to (6), Art. 10 and 35 (5) of the Resolution establishing the Standing Orders of the National Assembly ; see Participation in the work of Parliament)
- Disturbance (Art. 5 (3) and (4) of the Law establishing the functioning of the National Assembly, Art. 40 (4) of the Resolution establishing the Standing Orders of the National Asembly) - Uproar (Art. 41 (2) and (3) of the Resolution establishing the Standing Orders of the National Assembly)
- Ban on carrying weapons (Art. 25 and 26 (1) and (2) of the Law establishing the status of deputy)
- Assault (Art. 27 (1) of the Law establishing the status of deputy)
Code (rules) of conduct · This concept does not exist in the country's juridical system, but there are some relevant provisions (Art. 9 (1), Art. 23, 24 and 47 of the Law establishing the status of deputy). For loss of mandate for incompatibility, see Loss of mandate.
· Penalties foreseen for violation of the rules of conduct : fine of 100,000 francs to one million francs (Art. 24 of the Law establishing the status of deputy ; ban on having the deputy’s name followed by an indication of his status of MP in any financial, commercial or industrial advertising)
Relations between MPs and pressure group · There are some legal provisions in this field (Art. 9 (3) of the Constitution, Art. 25 of the Resolution establishing the Standing Orders of the National Assembly ; ban on creating a party with the aim of promoting a given ethnic group, a region or a religion, or constituting a parliamentary group for the defence of special local or professional interests).

This page was last updated on 17 April 2013
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