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THAILAND
Saphaphuthan Ratsadon (House of Representatives)

This page contains the full text of the PARLINE database entry on the selected parliamentary chamber, with the exception of Oversight and 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) Rathasapha / National Assembly
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Structure of parliament Bicameral
Chamber name (generic / translated) Saphaphuthan Ratsadon / House of Representatives
Related chamber (for bicameral parliaments) Wuthisapha / Senate
Affiliation to the IPU Yes
Affiliation date(s) 1950 - 1972
1973 -
LEADERSHIP
President Somsak Kiatsuranont (M) 
Notes Elected on 2 Aug. 2011.
Secretary General Pitoon Pumhiran (M) 
COMPOSITION
Members (statutory / current number) 500 / 500
PERCENTAGE OF WOMEN


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Women (current number) 79 (15.80%)
Mode of designation directly elected 500
Term 4 years
Last renewal dates 3 July 2011
(View details)
CONTACT INFORMATION
Address House of Representatives
National Assembly
U-Thong Nai Road
BANGKOK 10300
(Export mailing lists)
Phone (66 2) 357 3100
ext. 3153-7
ext. 3263
Fax (66 2) 357 3154
357 3197
E-mail ipu@parliament.go.th
thaiipu@gmail.com
Website
http://www.parliament.go.th

ELECTORAL SYSTEM

Parliament name (generic / translated) Rathasapha / National Assembly
Structure of parliament Bicameral
Chamber name (generic / translated) Saphaphuthan Ratsadon / House of Representatives
Related chamber (for bicameral parliaments) Wuthisapha / Senate
LEGAL FRAMEWORK
Electoral law 16 October 2007
(2007 Constitution) Last amended: 11 February 2011
Mode of designation directly elected 500
Constituencies - 375 single-member constituencies (majority system)
- One nation-wide constituencies for the remaining 125 seats(proportional representation system)
Voting system Mixed:
Single-member plurality systems (first-past-the-post) for 375 seats
Representatives elected from a constituency and appointed to ministerial posts must vacate their seats within 30 days of their appointment. They or the party they represent are in charge of the by-election in that constituency.

Proportional representation (closed party-list system for 125 seats)
Voters are allowed to vote for only one party list. The party lists are submitted to the Election Commission before the deadline for submission of candidatures for the constituency-based elections. The total number of valid votes won is divided by 10 to determine the number of votes needed for each candidate to be elected (quotient). The number of party-list representatives that each party may appoint is calculated by dividing the total number of valid votes that each party obtains by the quotient. If fewer than 10 representatives are elected by this method, the parties having the most remaining votes share the remaining seats. Party-list representatives who are appointed to ministerial posts must vacate their seats within 30 days of their appointment, and the next name on the relevant party list is appointed as a representative without a by-election.

Voting is compulsory.
Voter requirements - age: at least 18 years old; and
- Thai citizenship by birth.
Disqualifications: insanity, mental infirmity, Buddhist priests, monks or clergy, detention by a court-issued warrant or legal order, deprivation of the right to vote by court decision.
CANDIDATES
Eligibility - qualified voters;
- age: at least 25 years old on election day;
- Thai nationality by birth;
- members of any and only one political party for a consecutive period of not less than 90 days prior to the submission of their candidature (30 days of membership suffice if the general election is called on account of early dissolution of the House of Representatives);
In addition, candidates for the majority system have to satisfy one of the following conditions:
- they must prove their residence in the province where they are standing for election for not less than one year (their name must appear in an official document called "Ta Bian Ban" or certificate of residence;
- they must have been a member of the House of Representatives or a member of a local assembly or a local administrator of that province;
- they must have been born in Province where they are standing for election;
- they must have studied in an educational institute in the province where they are standing for election, not less than two academic years before; and
- they must have served as a government officer of the province where they are standing for elections for not less than two years (thus have their name registered in the House Register of that province).

Ineligibilities:
- government officials holding a permanent position or receiving a salary, except "political office holders" such as Prime Minister and Ministers of State;
- members of a local assembly or a local administrator;
- senators and former senators who have been out of office for less than two years;
- officials or employees of a government agency, State agency or State enterprise or other State officials;
- judges of the Constitutional Court, Election Commissioners, Ombudsmen, members of the State Audit Commission or members of the National Human Rights Commission;
- undischarged bankrupts, persons addicted to harmful drugs, detained persons under sentence or order of imprisonment, imprisonment of two years or more (except for an offence committed through negligence) discharged less than five years before the election day concerned, deaf and dumb persons.
Incompatibilities - national or local government officials (excluding "political office holders") holding a permanent salaried position;
- officials in the employ of a State agency or enterprise;
- membership of a local assembly;
- persons receiving a concession or benefit from a government agency; and
- government contractors.
Candidacy requirements - nomination by a political party; and
- payment of a deposit of 10,000 baht per candidate.

LAST ELECTIONS

Parliament name (generic / translated) Rathasapha / National Assembly
Structure of parliament Bicameral
Chamber name (generic / translated) Saphaphuthan Ratsadon / House of Representatives
Related chamber (for bicameral parliaments) Wuthisapha / Senate
BACKGROUND
Dates of election / renewal (from/to) 3 July 2011
Timing and scope of renewal Elections were held for all the seats in the House of Representatives following the premature dissolution of this body on 10 May 2011. Elections to the House of Representatives had previously taken place on December 2007.
At stake in the 2011 elections were 500 seats in the House of Representatives (up from 480). Elections were constitutionally due by December 2011.

The previous elections to the House of Representatives (December 2007) were the first to be held since then Prime Minister Thaksin Shinawatra was ousted in a military take-over in September 2006. A new party formed by his supporters, the People Power Party (PPP), took 233 of the 480 seats at stake. The Democratic Party (DP), led by Mr. Abhisit Vejjajiva, took 164 seats. Following the elections, five parties - the Chartthai Party (CTP, 34 seats), the Puea Pandin Party (24 seats), the Ruam Jai Thai Chart Pattana Party (RC, nine seats), the Matchimathipataya Party (MCM, 11 seats) and the Pracharaj Party (PRP, five seats) - agreed to participate in a PPP-led government, effectively making the DP the sole opposition party in the new House of Representatives. In January 2008, the House of Representatives elected PPP deputy leader Yongyuth Tiyapairat as its new Speaker and PPP leader Samak Sundaravej as the new Prime Minister.

In March 2008, elections were held for the 76 directly elected seats in the 150-seat Senate (the others are indirectly elected by the Senate Selection Commission). Later the same month, the new Senate held its first session, thereby officially re-establishing the Thai National Assembly, which had been dissolved in the 2006 coup. In keeping with the transitional measures stipulated in the 2007 Constitution, the 74 senators selected by the Senate Selection Commission would serve a three-year term from March 2008, instead of the usual six years. Former Prime Minister Thaksin continued to cast a shadow over the new legislature.

Following investigations into allegations of electoral fraud, Mr. Yongyuth resigned as Speaker in late April 2008 and was replaced by Mr. Chai Chidchob (PPP) in May. In July, the Constitutional Court convicted Mr. Yongyuth of vote-buying in the 2007 elections and barred him from holding public office for five years. Although he was not an executive member of the PPP, the court ruling against him paved the way for the Election Commission to investigate whether the PPP was involved in vote-buying in the 2007 poll. In September, the Election Commission recommended that the Constitutional Court dissolve the PPP. Later the same month, former executive members of the Thai Love Thai party (Thai Rak Thai, which had been dissolved by a court order in May 2006) formed the Pheu Thai Party (PP, meaning "For Thais") under the leadership of Deputy Finance Minister Suchart Thadathamrongvej.

Later, in September 2008, the Constitutional Court found Prime Minister Samak guilty of breaching conflict-of-interest laws, ruling that he had violated the Constitution by accepting payment for appearing on two cookery shows while in office. The Court ordered Mr. Samak and his cabinet to resign within 30 days of a caretaker government being appointed. Although the PPP-led government initially tried to reinstate Mr. Samak as Prime Minister, in late September it endorsed Mr. Somchai Wongasat (PPP), a brother-in-law of former Prime Minister Thaksin, as his successor.

In October 2008, the Supreme Court sentenced former Prime Minister Thaksin in absentia to two years' imprisonment for corruption. The Attorney General stated that the sentence would expire in 10 years, after which Mr. Thaksin could return to Thailand without fear of being imprisoned.

The People's Alliance for Democracy (PAD), a loose group reportedly comprising royalists and the urban middle class that came to be known as the "Yellow Shirts" (for their yellow T-shirts), launched a series of demonstrations, accusing the new Prime Minister of leading a government by proxy for Mr. Thaksin. In late November, the PAD occupied the country's two main airports, demanding the Prime Minister's immediate resignation and causing over 300,000 passengers to be stranded. During the PAD protest, in early December, the Constitutional Court found three parties of the PPP-led coalition government - the PPP, the CTP and the MCM - guilty of election fraud in the 2007 elections. The executives of those parties, including Prime Minister Somchai, were barred from public office for five years.

Prime Minister Somchai subsequently resigned and was replaced by 44-year-old DP leader Abhisit. In mid-December, the latter became the kingdom's youngest prime minister in over 60 years. Mr. Abhisit's government controlled 250 seats in the 480-member House of Representatives. It comprised small parties in the outgoing PPP-led government - the PP, the RC, former members of the disbanded CTP and MCM - as well as the Friends of Newin Group, a faction within the PPP led by Mr. Newin Chidchob, one of Speaker Chai's sons. The Friends of Newin Group subsequently joined the Bhumjaithai Party (BJT), which in turn joined the DP-led government. Other PPP members joined the PP and elected Mr. Yongyuth Wichaidit as the party's new leader.

The United Front for Democracy against Dictatorship (UDD), formed in 2006 by supporters of Mr. Thaksin, has spearheaded a series of demonstrations since he was ousted. The UDD, or "Red Shirts" (so called because of their red T-shirts), argued that the DP-led government lacked legitimacy as it had been formed through a parliamentary agreement rather than general elections. The Red Shirts are said to be essentially rural workers and students. In March 2010, they started a major anti-government demonstration in Bangkok that turned violent in April, effectively shutting down the capital's commercial district. After a stand-off that lasted weeks, the military intervened in mid-May and dispersed the Red Shirts. Ninety-one 91 lives were lost on both sides. Hundreds were injured and many buildings torched. The country's economy was badly affected.

In December, the border dispute between Thailand and Cambodia over the Preah Vihear temple site (see note 1) was rekindled when seven Thai citizens were accused of illegally entering Cambodia. The Yellow Shirts, who had backed Prime Minister Abhisit thus far, accused the government of surrendering Thailand's sovereignty by allowing Cambodia to try the Thai nationals in question. In January 2011 they started to protest against the government, accusing the Prime Minister of failing to resolve the border dispute with Cambodia and calling on the government to withdraw Thailand from the UNESCO World Heritage Committee.

In February, the House of Representatives enacted constitutional amendments to increase the statutory number of seats from 480 to 500, 375 of which are filled under the majority system (down from 400) and 125 of which are filled under the proportional representation system (up from 80). The PP criticized the amendments, which in its view would favour small parties in the DP-led coalition government.

In April 2011, half of the membership of the Senate was renewed, replacing the members selected in February 2008. The 73 members selected in 2011 will serve a six-year term (see note 2). Since the one-term limit did not apply to the senators indirectly elected in 2008, 31 outgoing senators were re-elected. On 4 May, King Bhumibol Adulyadej appointed Mr. Teeradej Meepien, an army general, as the new Senate President.

On 6 May, Prime Minister Abhisit announced that he would seek the King's endorsement to dissolve the House of Representatives with a view to holding early elections in June or July. On 10 May, with the King's approval, the House of Representatives was officially dissolved and elections scheduled for 3 July. The following day, a PP candidate was shot while driving. The Prime Minister, the military and the police called for peaceful election campaigns.

In all, 3,832 candidates from 42 parties contested the 2011 elections. The main contenders were Prime Minister Abhisit's DP - the country's oldest party, which had not won a general election in two decades - and the PP. The latter endorsed Ms. Yingluck Shinawatra - former Prime Minister Thaksin's youngest sister - as its candidate for the premiership. PP candidates included 25 UDD members. The Yellow Shirts called for a boycott of the elections.

Both the DP and the PP ran on similar platforms, promising to raise the minimum wage, improve public transportation and provide affordable health care. The PP's plan included doubling the minimum wage to US$ 10 a day and providing 800,000 tablet computers to new schoolchildren each year.

The media focused on whether the PP would win enough seats to return Mr. Thaksin's camp to power, thereby pushing policy debates to the back burner.

Prime Minister Abhisit called on voters to support the DP, arguing that a PP victory would trigger unrest and instability. He qualified the 2011 polls as an opportunity to "detoxify" the country of Mr. Thaksin's "poison". Mr. Prawit Wongsuwan - outgoing Defence Minister and a retired general - stated that the army would accept the poll outcome.

Mr. Thaksin - who has been living in self-imposed exile in Dubai since 2008 - agreed to a series of interviews in which he stated that he had no plans to return to Thailand as prime minister. The PP said it would not support an amnesty for Mr. Thaksin. Ms. Yingluck, who aspired to become the country's first woman prime minister, pledged to work for unity and reconciliation.

Mr. Chaovarat Chanweerakul's BJT (in fact led by Mr. Newin) promised to create more jobs, cut living costs and lower the value-added tax by two per cent. In March it had formed an alliance with Mr. Chumpol Silapa-archa's Chart Thai Pattana Party (Thai National Development). The coalition stated that it would join whichever party was voted into power - the DP or the PP.

On 25 June, the UNESCO World Heritage Committee decided to draw up a management plan for the Preah Vihear temple site. Thailand, which had requested a deferral of any management plan until the border dispute was settled, announced that it would withdraw from the Committee and the 1972 World Heritage Convention.

On 3 July, 65.99 per cent of the nearly 47 million registered voters turned out at the polls.

The preliminary results gave 265 seats to the PP, effectively allowing it to form a new government on its own. The DP came in second with 159 seats. The BJT and the Chart Thai Pattana took 34 and 19 seats respectively. The remainder went to small parties, which took fewer than seven seats each. Prime Minister Abhisit conceded defeat and resigned as DP leader on 4 July.

Over 1,900 complaints of election fraud were filed with the Election Commission. On 9 July, the DP filed a petition asking the Election Commission to recommend that the Constitutional Court dissolve the PP. The DP argued that disbanded Thai Rak Thai party members had helped select the PP's candidates and prepare policies, even though Article 97 of the Political Party Act specifically prohibits banned politicians from founding or being executives of a political party for five years.

On 1 August, the newly elected House of Representatives held its first session. The following day, it elected Mr. Somsak Kiatsuranond (PP) as its new Speaker.

On 5 August, the House of Representatives elected Ms. Yingluck (PP) as the new Prime Minister, the first woman in Thailand to assume the post. Ms. Yingluck formed a six-party coalition government, controlling a total of 300 seats. Her government comprised the PP, the Chart Thai Pattana (19 seats), the Chart Pattana Pheu Pandin (National Development, seven seats), the Palung Chon Party (seven seats), Mahachon (Great People's party, 1 seat), and the New Democrat Party (one seat).

Note 1:
In 1962, the International Court of Justice awarded the temple site to Cambodia but the land around the temple (4.6 km) continued to be a bone of contention. The site cannot be reached through Cambodia. In July 2008, the UNESCO World Heritage Committee listed the temple as a World Heritage Site in Cambodia, requiring Thailand to allow access to the site through its borders.

Note 2:
The Senate, which was re-established in 2008, comprised 76 directly elected members (one per province or changwat). In March 2011, a new province, Bueng Kan, was created, raising the number of senators elected directly to 77 and lowering the number elected indirectly to 73. The 2011 renewal thus related to 73 indirectly elected senators. The term of the 76 members directly elected in 2008 runs until March 2014, when fresh Senate elections are due. The seat in Bueng Kan Province will remain vacant until that time.
STATISTICS
Voter turnout
Round no 13 July 2011
Number of registered electors
Voters
Blank or invalid ballot papers
Valid votes



Notes
Distribution of votes
Round no 1
Political group Candidates Votes % of votes
Pheu Thai party (PP)
Democrat Party (DP)
Bhum Jai Thai (BJT)
Chart Thai Pattana
Chart Pattana Pheu Pandin
Palanchon
Rak Thailand
Matubhum
Rak Santi
Mahachon
New Democrat Party
Distribution of seats
Round no 1
Political Group Total of seats Majority PR
Pheu Thai party (PP) 265 204 61
Democrat Party (DP) 159 115 44
Bhum Jai Thai (BJT) 34 29 5
Chart Thai Pattana 19 15 4
Chart Pattana Pheu Pandin 7 5 2
Palanchon 7 6 1
Rak Thailand 4 0 4
Matubhum 2 1 1
Rak Santi 1 0 1
Mahachon 1 0 1
New Democrat Party 1 0 1
Distribution of seats according to sex
Men

Women

Percent of women
421

79

15.80%
Distribution of seats according to age
Distribution of seats according to profession
Comments
Source: House of Representatives (05.08.2011, 08.08.2011)

PRESIDENCY OF THE PARLIAMENTARY CHAMBER

Parliament name (generic / translated) Rathasapha / National Assembly
Structure of parliament Bicameral
Chamber name (generic / translated) Saphaphuthan Ratsadon / House of Representatives
Related chamber (for bicameral parliaments) Wuthisapha / Senate
APPOINTMENT AND TERM OF OFFICE
Title Speaker of the House of Representatives
Term - duration: 4 years (term of House)
- reasons for interruption of the term: resignation, loss of mandate following a resolution adopted by the House, elimination of the political party to which the Speaker belongs by order of the Court and if the Speaker does not join another party in the 60 days following the decision of the Court, sentencing to imprisonment by judgment of the Court unless the case involves a misdeamonour due to negligence or or a petty offence, death, dissolution of the House.

Appointment - elected by all Members of the House
- election held at the first normal sitting of the newly elected House
- after validation of mandates

Eligibility - any Member may be a candidate
Voting system - formal vote by public ballot
- if there are several nominees, voting is taken by roll call in alphabetical order
- a simple majority is required
- only one round of voting is held
Procedures / results - the most senior Member presides over the House during the voting
- the most senior Member supervises the voting
- the most senior Member announces the results without delay
- the Secretary General of the House informs the Prime Minister of the name of the winning candidate for further presentation to the King
- the results can be challenged

STATUS
Status - ranks before the President of the Senate in the order of precedence
- presides over joint sittings of both Houses
- represents the House with the authorities
- represents the House in international bodies
- is ex officio President of the Constitutional Court
- is ex officio President of the Parliamentary Services Committee
- in the absence of the Speaker, the first Deputy Speaker can assume his/her role and functions, and in his/her absence, the second Deputy Speaker

Board
Material facilities - yearly allowance: 768,000 Bath (around US$ 35,040)
+ expense allowance: 600,000 Bath/yr (around US$ 24,000)
- official car
- secretariat

FUNCTIONS
Organization of parliamentary business - establishes and modifies the agenda, in accordance with the Standing Orders of the House
- organizes the debates and only sets speaking time for extraordinary sessions
- can examine the admissibility of bills and amendments

Chairing of public sittings - can open, adjourn and close sittings
- ensures respect for provisions of the Constitution and Standing Orders
- makes announcements concerning the House
- takes disciplinary measures in the event of disturbance, and lifts such measures
- can give and withdraw permission to speak
- establishes the order in which amendments are taken up and selects which amendments are to be debated, in accordance with the Standing Orders of the House
- 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 texts adopted and the records of debates
- interprets the rules or other regulations governing the life of the House, based on precedents
- has discretionary power to give the floor outside the agenda and thus organizes impromptu debates

Special powers - adopts the budget of the House
- recruits, assigns and promotes staff
- appoints the Secretary General
- advises the Secretary General on organizing the services of the House
- 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 House

Speaking and voting rights, other functions - can take the floor in legislative debates
- can provide guidelines for the interpretation or completion of the text under discussion
- can intervene in the parliamentary oversight procedure

PARLIAMENTARY MANDATE

Parliament name (generic / translated) Rathasapha / National Assembly
Structure of parliament Bicameral
Chamber name (generic / translated) Saphaphuthan Ratsadon / House of Representatives
Related chamber (for bicameral parliaments) Wuthisapha / Senate
NATURE
Nature of the mandate · Free representation
Start of the mandate · On the election day (S. 117 of the Constitution of 11.10.1997)
Validation of mandates · Validation by the Election Commission only in case of challenge (S. 147 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 (S. 118 (1) in connection with S. 114 of the Constitution) (for early dissolution, see S. 116 of the Constitution)
Can MPs resign? Yes · Yes, of their own free will (S. 118 (3) of the Constitution)
· Procedure: submission of a letter to the Speaker of the House of Representatives
· Authority competent to accept the resignation: the Speaker of the House of Representatives
Can MPs lose their mandate ? Yes (a) Revocation before expiry of mandate by the political party, resignation from membership or loss of membership (S. 118 (8) and (9) in connection with S. 47 (3) of the Constitution)
(b) Removal from office by the Senate on instigation of Members of the House of Representatives of not less than one-fourth of the total number of the existing members of the House, or voters of not less than fifty-thousand (S. 118 (5) and (10) in connection with S. 109 (14) and 307 of the Constitution, see also S. 297 to 306 of the Constitution)
(c) Loss of mandate by judicial decision (S. 118 (10) in connection with S. 96 and 118 (3) to (9) and (11) or (12) of the Constitution): decision of the Constitutional Court terminating the membership (see also Resignation, and (a), (e), (f) and (g))
(d) Death (S. 118 (2) of the Constitution)
(e) Disqualification and incompatibilities (S. 118 (4) to (7), and (13) in connection with S. 95, 107, 109, 110, and 111 of the Constitution)
(f) Absence for more than one-fourth of the number of days in a session the length of which is not less than ninety days without permission of the Speaker of the House of Representatives (S. 118 (11) of the Constitution)
(g) Imprisonment by final judgement to a term of imprisonment except for an offence committed through negligence or a petty offence (S. 118 (12) of the Constitution, see also Rule 132 of the Rules of Procedure of the House of Representatives)
STATUS OF MEMBERS
Rank in hierarchy - · Outside Parliament: the official order of precedence ranks the Speaker of the House of Representatives in the 2nd position.
Indemnities, facilities and services · Official passport
· Basic salary: THB 38,500 per month
+ Additional allowance: THB 38,500
· No exemption from tax
· No pension scheme
· Other facilities:
(a) Secretariat: personal notebook computer (must be returned to the House when membership expires)
(b) Assistants (see also Rule 10 of the Rules of Procedure of the House of Representatives): salaries for five assistants (THB 7,700 each) and one expert (THB 15,000) of the MP's own selection
(c) Travel and transport (see also Rules 133 to 135 of the Rules of Procedure of the House of Representatives): local travel and transport, international travel only for the purpose of government affairs
(d) Others: health insurance
Obligation to declare personal assets Yes
Parliamentary immunity - parliamentary non-accountability · The concept does exist (S. 157 (1) of the Constitution, see also S. 189 (4) of the Constitution).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: offence or insult (Rule 54 (2) of the Rules of Procedure of the House of Representatives, 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 (see S. 165 (1) and 166 (1) of the Constitution).
· It applies only to criminal proceedings, covers all offences and protects MPs only from arrest and from being held in preventive custody, and from a summons by a warrant for inquiry as an alleged offender. It also protects them from trial during a session.
· Derogations:
- In cases of flagrante delicto, MPs can be arrested or detained. The arrest shall be reported to the Speaker of the House of Representatives and the Speaker may order the release of the person so arrested.
- In cases concerning the organic law on the election of Members of the House of Representatives and senators, on the Election Commission or on political parties, MPs can be tried during a session, provided that such trial shall not hinder MPs from attending the sitting of the House.
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided only during sessions
· Parliamentary immunity (inviolability) can be lifted (S. 165 (1) and 166 (1) of the Constitution):
- Competent authority: the Speaker of the House of Representatives
- Procedure (Rule 139 of the Rules of Procedure of the House of Representatives). In this case, MPs need not 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 (for the prosecution, see S. 166 of the Constitution, and for the detention, see S. 167 of the Constitution and Authorisation to attend sittings of Parliament):
- Competent authority: the Speaker of the House of Representatives; the inquiry official or the court, on request of the Speaker of the House of Representatives
- Procedure (S. 166 and 167 of the Constitution, see Trial during a session, and Procedure for authorisation to attend sittings of Parliament)
· In the event of preventive custody, the MPs concerned can be authorised to attend sittings of Parliament (S. 167 of the Constitution):
- Competent authority: the inquiry official or the court, on request of the Speaker of the House of Representatives
- Procedure (S. 167 of the Constitution, Rule 140 of the Rules of Procedure of the House of Representatives)
EXERCISE OF THE MANDATE
Training · There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by political parties and the Secretariat of the House of Representatives.
· Handbooks of parliamentary procedure:
- Manual
- Rules of Procedure of the House of Representatives
Participation in the work of the Parliament · It is compulsory for MPs to be present at plenary sittings. For leave of absence, see Rule 130 of the Rules of Procedure of the House of Representatives.
· Penalties foreseen in case of failure to fulfil this obligation (S. 118 (11) of the Constitution):
- Loss of mandate (see Loss of mandate - (f))
- Reduction of emoluments (Rule 131 of the Rules or Procedure of the House of Representatives)

Discipline · The rules governing discipline within Parliament are contained in Rules 8 (3), 54, 127 and 128 of the Rules of Procedure of the House of Representatives.
· Disciplinary measures foreseen:
- Warning (Rule 128 (1) of the Rules of Procedure of the House of Representatives)
- Prohibition of words (Rule 128 (1) of the Rules of Procedure of the House of Representatives)
- Order to withdraw words (Rule 128 (1) of the Rules of Procedure of the House of Representatives)
- Prohibition to speak (Rule 128 (1) of the Rules of Procedure of the House of Representatives)
- Order to apologise (Rule 128 (1) of the Rules of Procedure of the House of Representatives)
- Expulsion from the sitting with or without time limit (Rule 128 (1) and (2) of the Rules of Procedure of the House of Representatives)
· Specific cases:
- Offence or insult (Rule 54 (2) of the Rules of Procedure of the House of Representatives): all disciplinary measures
· Competent body to judge such cases/to impose penalties (Rule 8 (3) of the Rules of Procedure of the House of Representatives): the Speaker of the House of Representatives
· Procedure (Rule 128 of the Rules of Procedure of the House of Representatives)
Code (rules) of conduct · This concept does not exist in the country's juridical system but see S. 77 of the Constitution. However, there are some relevant provisions (S. 118 (5) to (7), and (13) in connection with S. 95, 109 (8) to (12), 110, and 111 of the Constitution, S. 118 (5) and (10) in connection with S. 109 (14) and 297 to 311 of the Constitution). For the declaration of personal assets, see Obligation to declare personal assets.
· Penalties foreseen for violation of the rules of conduct:
- Loss of mandate (S. 118 (5) to (7), and (13) in connection with S. 95, 109 (8) to (12), 110, and 111 of the Constitution; incompatibilities, use of influence)
- Loss of mandate, other penalties in accordance with Penal Code (S. 118 (5) and (10) in connection with S. 109 (14) and 297 to 311 of the Constitution; removal from office, criminal proceedings against persons holding political positions)
· Competent body to judge such cases/to impose penalties:
- Loss of mandate (removal from office): the Senate
- Other penalties in accordance with Penal Code (criminal proceedings against persons holding political positions): the Supreme Court's Criminal Division for Persons Holding Political Positions
· Procedure:
- Loss of mandate (S. 297 to 307 of the Constitution; removal from office). In this case, MPs have no means of recourse.
- Other penalties in accordance with Penal Code (S. 308 to 311 of the Constitution; criminal proceedings against persons holding political positions). In this case, MPs have no means of recourse.
Relations between MPs and pressure group · There are no legal provisions in this field.

This page was last updated on 29 August 2011
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