| 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 deputys 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). |
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