| Parliament name (generic / translated) |
Assembleia da Republica / Assembly of the Republic |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
· Free representation (see also Art. 152 (2) of the Constitution of 25.04.1976, including the amendments of 20.09.1997) |
| Start of the mandate |
· At the first meeting of the Assembly of the Republic (Art. 153 (1) of the Constitution, Art. 1 (1) of the Standing Orders of the Assembly of the Republic, Art. 2 (1) of the Statute of Deputies) |
| Validation of mandates |
· Validation by the Assembly of the Republic (Art. 164 (a) of the Constitution, Art. 2 (1) of the Standing Orders, Art. 3 of the Statute of Deputies)
· Procedure (Art. 164 (a) of the Constitution, Art. 2, 19 (d) and 38 of the Standing Orders)
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| End of the mandate |
· On the day when the newly elected Parliament meets (Art. 153 (1) of the Constitution, Art. 1 (1) of the Standing Orders, Art. 2 (1) of the Statute of Deputies) (for early dissolution, see Art. 133 (e), 171 (2) and 172 of the Constitution) |
| Can MPs resign? |
Yes |
· Yes, of their own free will (Art. 160 (2) of the Constitution, Art. 7 (1) of the Statute of Deputies). See also the possibility of a suspension (Art. 3, Art. 19 (b) of the Standing Orders, Art. 4 (1) (a), Art. 5 and 6 (1) (a), (2) and (3) of the Statute of Deputies).
· Procedure (Art. 160 (2) of the Constitution, Art. 3 and 19 (c) of the Standing Orders, Art. 7 of the Statute of Deputies)
· Authority competent to accept the resignation: the resignation does not have to be accepted
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| Can MPs lose their mandate ? |
Yes |
a) Definitive exclusion from Parliament by decision of the Board:
- Loss of mandate for incompatibilities (Art. 154 and 160 (1) (a) of the Constitution, Art. 3 and 4 (1) (a) of the Standing Orders, Art. 4 (1) (c) and (2), Art. 6 (1) (c) and (2), Art. 8 (1) (a) and (5), Art. 20 to 22 of the Statute of Deputies)
- Loss of mandate for non-attendance of plenary sittings (Art. 160 (1) (b) of the Constitution, Art. 4 (1) (b) and (2), Art. 19 (a), Art. 67 of the Standing Orders, Art. 8 (1) (b) and (2) to (4) of the Statute of Deputies; see Participation in the work of Parliament - Loss of mandate)
- Change of party (Art. 160 (1) (c) of the Constitution, Art. 4 (1) (a) of the Standing Orders, Art. 8 (1) (c) of the Statute of Deputies)
- Loss of mandate by judicial decision (Art. 160 (1) (d) of the Constitution, Art. 4 (1) (a) of the Standing Orders, Art. 8 (1) (d) of the Statute of the Deputies)
- Loss of mandate for non-declaration or false declaration of assets (Law N° 4/83 of 02.04.1983: see Obligation to declare assets)
- General procedure (Art. 4 (3) to (7) of the Standing Orders).
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| STATUS OF MEMBERS |
| Rank in hierarchy |
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| Indemnities, facilities and services |
· Diplomatic passport (Art. 15 (1) (c) and (4) of the Statute of Deputies)
· Basic salary (see also Art. 158 (1) (d) of the Constitution and Art. 15 (1) (e) of the Statute of Deputies): depending on function
+ Representation allowance: depending on function
+ Additional allowance: depending on place of residence, trips made, number of dependent descendants, etc.
· Only the basic salary and representation allowance are subject to tax. The other allowances are tax-exempt.
· Pension scheme
· Other facilities:
(a) Secretariat/Assistants
(b) Official car for the President and Vice-President
(c) Security guards for the President
(d) Free postal and telephone services (Art. 17 of the Statute of Deputies)
(e) Travel and transport (Art. 15 (1) (g) and Art. 16 of the Statute of Deputies)
(f) Others: provident scheme (Art. 18 of the Statute of Deputies)
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| Obligation to declare personal assets |
Yes |
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| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 157 (1) of the Constitution, Art. 10 of the Statute of Deputies).
· Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament, provided it is in the exercise of their functions.
· Derogations: offence or insult (Art. 97 (3) of the Standing Orders, 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.
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| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Art. 157 (3) of the Constitution, Art. 11 (1) of the Standing Orders).
· It applies only to criminal proceedings, covers all offences and protects MPs only from arrest and from being held in preventive custody, and from summons to appear (in connection with proceedings, see Art. 117 of the Constitution and Law N° 34/87 of 16.07.1987 and Code of Conduct).
· Derogations: arrest is possible without the authorisation of the Assembly in case involving flagrante delicto for a crime punishable by a maximum prison term of more than three years (for example, the crime of treason).
· Parliamentary inviolability prevents MPs from being called as witnesses before a judge or tribunal as juror, expert or witness, or plaintiff or accused without the authorisation of the Assembly, except in the case of charged persons when they are caught in flagrante delicto or when they are suspected of having committed a crime punishable by a maximum prison term of more than three years (Art. 157 (2) of the Constitution, Art. 14 (1) of the Standing Orders).
· Protection is provided from the start to the end of the mandate and also covers judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted (Art. 157 (2) and (3) of the Constitution, Art. 11 (1) of the Statute of the Deputies).
- Competent authority: the Assembly of the Republic
- Procedure (Art. 157 (4) of the Constitution, Art. 3 of the Standing Orders, Art. 4 (1) (b), Art. 6 (1) ( b) and (2), Art. 11 (2) and (3) and Art. 14 (2) to (5) of the Statute of Deputies). 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 cannot suspend the prosecution and/or detention of one of its members.
· In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament.
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| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by the political parties.
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| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings and committee meetings (Art. 159 (a) of the Constitution, Art. 6 (1) (a) of the Standing Orders).
· Penalties foreseen in case of failure to fulfil this obligation:
- Convocation in a plenary sitting (Art. 32 (3) and (4), Art. 67 of the Standing Orders, Art. 24 of the Statute of Deputies)
- Reduction of allowances (Art. 19 (a), Art. 67 of the Standing Orders, Art. 23 (1) and (4) of the Statute of Deputies)
- Loss of committee membership (Art. 32 (2) to (4) of the Standing Orders, Art. 23 (2) to (4) of the Statute of Deputies)
- Loss of mandate (Art. 160 (1) (b) of the Constitution, Art. 4 (1) (b) and (2), Art. 19 (a), Art. 67 of the Standing Orders, Art. 8 (1) (b) and (2) to (4) of the Statute of Deputies)
· Body competent to judge such cases/to impose penalties:
- Convocation in a plenary sitting, reduction of salaries, loss of committee membership: the President of the Assembly of the Republic
- Loss of mandate: the Board of the Assembly of the Republic
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| Discipline |
· The rules governing discipline within Parliament are contained in Art. 160 (1) (b) of the Constitution, Art. 4 (1) (b) and (2), Art. 6 (1) (e), Art. 17 (1) (1) and (p), Art. 32 (2) to (4), Art. 67, 69 (b), 97 (3) and (4) of the Standing Orders, Art. 8 (1) (b) and (2) to (4), Art. 23 and 24 of the Statute of Deputies.
· Disciplinary measures foreseen:
- Warning (Art. 97 (3) of the Standing Orders)
- Withdrawal of speaking rights (Art. 97 (3) of the Standing Orders)
- Invitation to wind up a speech (Art. 97 (4) of the Standing Orders).
- Suspension of sittings (Art. 69 (b) of the Standing Orders)
· Specific cases:
- Offence or insult (Art. 97 (3) of the Standing Orders): warning, withdrawal of speaking rights
- Absence from plenary sittings or committee meetings (Art. 160 (1) (b) of the Constitution, Art. 4 (1) (b), Art. 32 (2) of the Standing Orders, Art. 8 (1) (b), Art. 23 (1) to (3), Art. 24 of the Statute of Deputies; see also Participation in the work of Parliament): convocation in a plenary sitting, reduction of allowances, loss of committee membership, loss of mandate
· Competent body to judge such cases/to impose penalties (Art. 17 (1) (1) and (p) of the Standing Orders):
- Warning, withdrawal of speaking rights, invitation to wind up a speech, suspension of sittings, offence or insult: the President
- Absence from plenary sittings or committee meetings: the President; the Board (see Participation in the work of Parliament - Competent body)
· Procedure:
- Warning, withdrawal of speaking rights, offence or insult (Art. 97 (3) of the Standing Orders)
- Invitation to wind up a speech (Art. 97 (4) of the Standing Orders)
- Suspension of sittings (Art. 69 (b) of the Standing Orders)
- Absence from plenary sittings or committee meetings (Art. 160 (1) (b) of the Constitution, Art. 4 (1) (b) and (2), Art. 32 (2) to (4), Art. 67 of the Standing Orders, Art. 8 (1) (b) and (2) to (4), Art. 23 and 24 of the Statute of Deputies): see Participation in the work of Parliament - Penalties)
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| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 117, 154 and 160 (1) (a) of the Constitution and Law N° 34/87 of 16.07.1987, Art. 3, 4 (1) (a) and Art. 6 (1) (d) and (f) of the Standing Orders of the Assembly of the Republic, Art. 4 (1) (c) and (2), Art. 6 (1) (c )and (2), Art. 8 (1) (a) and (5), Art. 20 to 22 of the Statute of Deputies; for the obligation to declare assets, see Loss of mandate for non-declaration or false declaration of assets).
· Penalties foreseen for violation of the code of conduct:
- Political, civil and penal responsibility (Art. 117 of the Constitution and Law N° 34/87 of 16.07.1987; responsibility for acts or omissions committed in the exercise of functions)
- Loss of mandate (Art. 154 and 160 (1) (a) of the Constitution, Art. 3 and 4 (1) (a) of the Standing Orders, Art. 4 (1) (c)and (2), Art. 6 (1) (c) and (2), Art. 8 (1) (a) and (5), Art. 20 to 22 of the Statute of Deputies; incompatibilities)
· Competent body to judge such cases/to impose penalties:
- Political, civil and penal responsibility:
- Loss of mandate: the Board of the Assembly of the Republic
· Procedure:
- Political, civil and penal responsibility (Law N° 34/87 of 16.07.1987; see Parliamentary inviolability - prosecution)
- Loss of mandate (Art. 3 of the Standing Orders, Art. 4 (1) (c)and (2), Art. 6 (1) (c) and (2), Art. 8 (5), Art. 20 to 22 of the Statute of Deputies)
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| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
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