| Parliament name (generic / translated) |
Parlement / Parliament |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Assemblée nationale / National Assembly |
| Related chamber (for bicameral parliaments) |
Sénat / Senate
|
| NATURE |
| Nature of the mandate |
· Free representation (Art. 53 of the Constitution of 07.03.1963, with the amendments of 13.06.1994) |
| Start of the mandate |
· When the first session of the National Assembly opens, at the latest by 30.06. |
| Validation of mandates |
· Validation by the Constitutional Council (Art. LO 160 in conjunction with Art. LO 112 of the Electoral Code)
· Procedure
|
| End of the mandate |
· On the day when the newly elected Parliament meets, at the latest by 30.06. of the fifth year following the election of the National Assembly (Art. L 124 of the Electoral Code). In case of early dissolution, on the day of early dissolution. |
| Can MPs resign? |
Yes |
· Yes, of their own free will (Art. 6 (1) of the Standing Orders)
· Procedure (Art. 6 (2) and (3)
· Authority competent to accept the resignation: the National Assembly
|
| Can MPs lose their mandate ? |
Yes |
(a) Definitive exclusion from Parliament by the latter (compulsory resignation):
- A deputy is deemed to have compulsorily resigned in case of incompatibility and if in the eight days after he takes up office he has not resigned from his posts incompatible with his mandate (Art. 98 of the Standing Orders, Art. LO 142 of the Electoral Code).
- He may be deemed to have compulsorily resigned if he fails to attend the sittings of two ordinary sessions.
- Any committee member who misses three successive sittings without a valid reason and who fails to have himself represented in accordance with Art. 25 of the Standing Orders is deemed to have compulsorily resigned (Art. 26 of the Standing Orders).
(b) Loss of mandate for ineligibility:
- Any deputy whose ineligibility comes out after the declaration of results and the expiry of the time limit for challenges, or who, during his mandate, finds himself in one of the cases of ineligibility covered by the Electoral Code (Art. LO 132 of the Electoral Code) shall forfeit his seat without further consideration. For cases of ineligibility see Art. LO 127 to 131 of the Electoral Code.
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The Board
2. The Presidents of Committees and the General Rapporteur for the Budget
3. The Vice-Presidents of groups
4. The other deputies
· Outside Parliament:
- When the constituted bodies and the authorities are convened together by act of the Government:
- In Dakar: the deputies (except the Speaker) in the 7th position.
- When the authorities are convened individually by act of the Government:
- In the regions: the official order of precedence ranks the deputies of the region in the 4th position.
|
| Indemnities, facilities and services |
· Diplomatic passport
· Basic salary: equal to the salary in Dakar at the maximum index of the general hierarchy of managerial staff of the magistrature, military staff and bodies of State civil servants (Art. 85 (1) of the Standing Orders)
+ Housing allowance: CFA F 250,000 per month
+ Petrol allowance: depending on the distance between home and work place
+ Representation allowance for certain functions:
- President of the Assembly: Fixed in relation to the representation expenses of the
Head of State
- Board, leaders of parliamentary groups, Committee Presidents set out in Art. 20
of the Standing Orders, General Rapporteur of the Finance Committee: Fixed in relation to the functioning costs of members of Government
· Exemption from tax for the portion of the basic salary that is not representative of professional expenses (according to Art. 85 (1) of the Rules of Procedure half of the basic salary)
· Pension scheme
· Other facilities:
(a) Secretariat for Board members, Committee Presidents and the General Rapporteur for the budget. Work room equipped with a secretariat for the other deputies
(b) Official car for Board members, Committee Presidents and the General Rapporteur for the budget.
(c) Official housing for Board members, Committee Presidents and the General Rapporteur for the budget. Rooms are assigned on a permanent basis, throughout the legislature, to the other deputies from the regions.
(d) Security guards for the President of the National Assembly
(e) Postal and telephone services. A phone booth is placed at the disposal of deputies who are neither Board members nor Committee Presidents.
(f) Travel and transport: outside missions, support is provided to deputies residing in remote regions.
|
| Obligation to declare personal assets |
No |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 50 (1) of the Constitution, taken up in Art. 43 (1) of the Standing Orders).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: insult to the Assembly and personal attacks (Art. 45 (7), Art. 47 and Art. 50 (2) 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.
|
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Art. 50 (2) and (3) of the Constitution, taken up in Art. 43 (2) and (3) of the Standing Orders).
· It applies only to criminal 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:
- During the entire session, prosecution or arrest in criminal proceedings is possible in cases of flagrante delicto (Art. 50 (2) of the Constitution, taken up in Art. 43 (2) of the Standing Orders).
- When Parliament is in recess, arrest is possible in cases of flagrante delicto, authorisation prosecution or final sentencing (Art. 50 (3) of the Constitution, taken up in Art. 43 (3) of the Standing Orders).
· 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. Notwithstanding, such proceedings may be suspended by the National Assembly.
· Parliamentary immunity (inviolability) can be lifted (Art. 50 (2) and (3) of the Constitution, taken up in Art. 43 (2) and (3) of the Standing Orders):
- Competent authority: the National Assembly
- Procedure (Art. 44 of the Standing Orders). In this case, MPs or the colleagues they have delegated to represent them are heard by the Special Committee. In the Assembly, the deputies concerned or their representatives may take the floor.
· Parliament can suspend the prosecution and/or detention of one of its members (Art. 50 (4) of the Constitution, taken up in Art. 43 (4) of the Standing Orders):
- Competent authority: the National Assembly
- Procedure (Art. 44 of the Standing Orders). In this case, MPs or the colleagues they have delegated to represent them are heard by the Special Committee. In the Assembly, the deputies concerned or their representatives may take the floor.
|
| EXERCISE OF THE MANDATE |
| Training |
· There is no training/initiation process on parliamentary practices and procedures for MPs. Nor is there a handbook of parliamentary procedure. |
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings, committee or Board meetings, and at the Conference of Presidents .
· Penalties foreseen in case of failure to fulfil this obligation:
- A deputy may be deemed to have resigned automatically if he has not attended the sittings of two ordinary sessions.
- A committee member who is absent without valid grounds from three successive sittings and who does not have himself represented in accordance with Art. 25 of the Standing Orders is deemed to have resigned automatically.
|
| Discipline |
· The rules governing discipline within Parliament are contained in Art. 45 to 51 of the Standing Orders.
· Disciplinary measures foreseen (Art. 49 of the Standing Orders):
- Call to order (Art. 50 (1) to (3) of the Standing Orders)
- Call to order with entry in the record (Art. 51 (1) and (3) of the Standing Orders)
- Entry in the record with censure (Art. 51 (1) and (4) of the Standing Orders)
- Temporary expulsion for no longer than 24 hours (Art. 51 (1) (2) (5) and (6) of the Standing Orders)
· Specific cases:
- Offence to the Assembly/personal attacks (Art. 45 (7) and Art. 50 (2) of the Standing Orders): three months to 1 year's imprisonment and a fine of 10,000 to 50,000 francs or only one of these two penalties/call to order
- Disturbance (Art. 45 (5) to (7), Art. 46 (4) of the Standing Orders): expulsion from the room or arrest, drawing-up of a report and request for intervention by the Chief Prosecutor in case of crime or felony, three months to 1 year's imprisonment and a fine of 10,000 to 50,000 francs or only one of these two penalties
- Uproar (Art. 48 of the Standing Orders): suspension of the sitting
· Competent body to judge such cases/to impose penalties:
- Call to order: the President
- Call to order with entry in the record, entry in the record with censure: the National Assembly, on a proposal by the President, by a majority of the members present and by secret ballot
- Temporary exclusion: the National Assembly, on a proposal by the President, by a majority of the members present and by secret ballot; in exceptional cases, the President
- Specific cases: the President
· Procedure:
- Call to order/personal attacks (Art. 50 (2) and (3) of the Standing Orders)
- Call to order with entry in the record (Art. 51 (3) of the Standing Orders)
- Entry in the record with censure (Art. 51 (4) of the Standing Orders)
- Temporary exclusion (Art. 51 (5) and (6) of the Standing Orders)
- Disturbance/offence to the Assembly (Art. 45 (5) to (7), Art. 46 (4) of the Standing Orders)
- Uproar (Art. 48 of the Standing Orders)
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system, but there are some relevant provisions (Art. 89 to 98 of the Standing Orders, Art. LO 133 to LO 142 of the Electoral Code).
· Penalties foreseen for violation of these rules:
- Declaration of compulsory resignation (Art. 98 of the Standing Orders, Art. LO 142 of the Electoral Code; see Loss of mandate)
· Competent body to judge such cases/to impose penalties: the National Assembly at the request of the President of the Republic or the Board (Art. 98 (4) of the Standing Orders, Art. LO 142 (3) of the Electoral Code)
· Procedure:
- See Loss of mandate (Art. 98 of the Standing Orders, Art. LO 142 of the Electoral Code)
|
| Relations between MPs and pressure group |
· Ban on setting up a group for the defence of special interests (Art. 18 (8) of the Standing Orders) |
