| Parliament name (generic / translated) |
Bundesversammlung - Assemblée fédérale - Assemblea federale / Federal Assembly |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Ständerat - Conseil des Etats - Consiglio degli Stati / Council of States |
| Related chamber (for bicameral parliaments) |
Nationalrat - Conseil national - Consiglio nazionale / National Council
|
| NATURE |
| Nature of the mandate |
· Free representation (Art. 91 of the Constitution of 29.05.1874, updated to 01.10.1996) |
| Start of the mandate |
· When the MPs take the oath (see Art. 4 (2) of the Standing Orders of the Council of States)
· Procedure (Art. 1 to 4 of the Standing Orders of the Council of States)
|
| Validation of mandates |
· No validation (the Council of States merely takes note of the communications from the cantons announcing the names of those elected) |
| End of the mandate |
· On the day when the legal term of the House ends, which corresponds to the day when the newly elected Parliament meets |
| Can MPs resign? |
Yes |
· Grounds: personal, health, political, professional, concurrent holding of office with cantonal mandates (legal incompatibility or decision taken freely), upon acceptance of foreign decorations
· Procedure: resignations must be addressed in writing to the President.
· Authority competent to accept the resignation: the agreement of the Council of States is not required.
|
| Can MPs lose their mandate ? |
Yes |
(a) Loss of mandate by judicial decision: forfeiture of civil rights
(b) Loss of mandate in case of acceptance, from a foreign government, of benefits or allowances, titles, presents or decorations (Art. 12 (1) of the Constitution)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The President
2. The other deputies
· Outside Parliament: the official order of precedence ranks the President of the Council of States in the 5th position and the State Councillors in the 18th position.
|
| Indemnities, facilities and services |
· Diplomatic passport, upon request, for the President and members of international delegations (IPU, Parliamentary Assemblies of the Council of Europe, the OSCE and of French-speaking Communities, Committee of EFTA Parliamentarians)
· Basic salary (see also Art. 83 of the Constitution): CHF 30,000 per year
+ Additional allowance: CHF 300 per plenary sitting or group or committee meeting
· Partial exemption from tax for the CHF 18,000 of compensation included in the basic salary. The other CHF 12,000 of the basic salary is subject to tax.
· Pension scheme: CHF 5,731 as a contribution to private contingency schemes
· Other facilities:
(a) Secretariat (see also Art. 48 and 49 of the Standing Orders of the Council of States): provision of a personal computer
(b) Official car for the President
(c) Postal and telephone services
(d) Travel and transport
|
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (absolute immunity, Art. 2 (2) of the Federal Law on the Responsibility of the Confederation, the Members of its Authorities and of its Officials).
· Absolute immunity is limited to words spoken or written by MPs and votes cast within Parliament. Relative immunity applies to words spoken and written by MPs outside Parliament insofar as they are liable to penal proceedings and have a bearing on parliamentary activity.
· Derogations: offence or insult inside Parliament (Art. 51 (1) and 65 (1) of the Standing Orders of the Council of States; see Discipline), lifting of relative immunity (Art. 14 to 14 ter of the Federal Law on the Responsibility of the Confederation, the Members of its Authorities and of its Officials)
· 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. 1 (1) of the Federal Law on Political and Police Guarantees in Favour of the Confederation).
· It applies only to criminal proceedings, covers all offences and protects MPs from arrest and from being held in preventive cus-tody, from the opening of judicial proceedings against them and from their homes being searched.
· Derogations: preventive arrest remains possible for presumption of flight and, when a crime is involved, in cases of flagrante delicto, but the Council must give its consent within 24 hours, unless the deputy concerned has himself given his consent in writing (Art. 1 (2) of the Federal Law on Political and Police Guarantees in Favour of the Confederation).
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided only during sessions and does not automatically cover judicial proceedings instituted against MPs before their election, but the MPs concerned may be released or the summons in connection with important judicial proceedings may be annulled (Art. 2 (1), Art. 3 of the Federal Law on Political and Police Guarantees in Favour of the Confederation).
· Parliamentary immunity (inviolability) can be lifted (Art. 1 (1) of the Federal Law on Political and Police Guarantees in Favour of the Confederation):
- Competent authority: the Council of States or the deputy concerned
- Procedure. In this case, MPs can be heard. They 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 can be authorised to attend sittings of Parliament (Art. 2 (1), Art. 3 of the Federal Law on Political and Police Guarantees in Favour of the Confederation; see Judicial proceedings initiated against MPs before their election).
- Competent authority: the Council of States
- Procedure (Art. 2 (1), Art. 3 of the Federal Law on Political and Police Guarantees in Favour of the Confederation)
|
| EXERCISE OF THE MANDATE |
| Training |
· There is a brief initiation process on parliamentary practices and procedures for MPs.
· It consists of training in procedure, the provision of documentation and guidance for new members provided by the groups.
· Handbooks of parliamentary procedure:
- Aide-mémoire
- Standing Orders of the Council of States
|
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings and committee meetings (Art. 12 (1) (see also (2) to (4)), Art. 39 and 40 (1) of the Standing Orders of the Council of States).
· Penalties foreseen in case of failure to fulfil this obligation: loss of allowances
|
| Discipline |
· The rules governing discipline within Parliament are contained in Art. 7 (1), 44 (2) and (3), 55 and 56 of the Standing Orders of the Council of States.
· Disciplinary measures foreseen:
- Call to order (Art. 56 of the Standing Orders of the Council of States)
- Warning for irrelevance (Art. 55 of the Standing Orders of the Council of States)
- Expulsion from the room (Art. 44 (2) of the Standing Orders of the Council of States)
- Lifting of the sitting (Art. 44 (3) of the Standing Orders of the Council of States)
· Specific cases:
- Offence or insult (Art. 56 of the Standing Orders of the Council of States): call to order
· Competent body to judge such cases/to impose penalties (see Art. 7 (1) of the Standing Orders of the Council of States):
- Call to order: the President; the Council (appeal)
- Warning for irrelevance, expulsion from the room, lifting of the sitting: the President
· Procedure:
- Call to order, offence or insult (Art. 56 of the Standing Orders of the Council of States)
- Warning for irrelevance (Art. 55 of the Standing Orders of the Council of States)
- Expulsion from the room (Art. 44 (2) of the Standing Orders of the Council of States)
- Lifting of the sitting (Art. 44 (3) of the Standing Orders of the Council of States)
|
| 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. |
