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BELGIUM
Chambre des Représentants (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) Parlement fédéral - Federaal Parlement - Föderales Parlament / Federal Parliament
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Structure of parliament Bicameral
Affiliation to the IPU Yes
Affiliation date(s) 1889 -
LEADERSHIP
President André Flahaut (M) 
Notes Elected on 20 July 2010.
Secretary General Emma De Prins (F) 
Notes Elected on 15 Oct. 2009.
COMPOSITION
Members (statutory / current number) 150 / 150
PERCENTAGE OF WOMEN


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Women (current number) 57 (38.00%)
Mode of designation directly elected 150
Term 4 years
Last renewal dates 13 June 2010
(View details)
CONTACT INFORMATION
Address Chambre des Représentants
1008 Bruxelles
(Export mailing lists)
Phone (32 2) 549 81 11
Fax (32 2) 512 65 33
E-mail secretariat.general@lachambre.be
secretariaat.generaal@dekamer.be
Website
http://www.fed-parl.be
http://www.dekamer.be/
http://www.lachambre.be/

ELECTORAL SYSTEM

Parliament name (generic / translated) Parlement fédéral - Federaal Parlement - Föderales Parlament / Federal Parliament
Structure of parliament Bicameral
LEGAL FRAMEWORK
Electoral law 4 December 1894
Last amendment: 2010
Mode of designation directly elected 150
Constituencies 11 multi member constituencies (corresponding to the country's nine provinces, Bruxelles-Hal-Vilvorde and Louvain)
Voting system Proportional: Party-list system.
Each party submits one list for each constituency.
Seats are distributed according to the d'Hondt method. Vote-splitting is not provided for, but preferential voting with respect to the same list is possible.
Vacancies arising between general elections are filled by substitutes chosen at the same time as titular members.
Voting is compulsory; any unjustified abstention is punishable, with penalties ranging from a possible fine to removal from the register.
Voter requirements - age: 18 years
- Belgian citizenship
Disqualifications: criminal conviction (suspension of rights: insanity, imprisonment, as long as the persons concerned remain in an incapacitated state)
CANDIDATES
Eligibility Qualified electors
- age: 21 years
- Belgian citizenship
- full possession of civil and political rights
- residence in country
Incompatibilities - Ministers of Government
- any paid function undertaken pursuant to government decision
- membership of another legislative asembly (Senate, community or regional council)
- civil servant or salaried employee of the State, provincial Clerk, State-paid clergyman, public-service lawyer, Treasury official, Government commissioner for private companies, etc.
Candidacy requirements - supporting signature of 200 to 500 electors (depending on the size of the constituency), or three outgoing members of Parliament.

LAST ELECTIONS

Parliament name (generic / translated) Parlement fédéral - Federaal Parlement - Föderales Parlament / Federal Parliament
Structure of parliament Bicameral
BACKGROUND
Dates of election / renewal (from/to) 13 June 2010
Timing and scope of renewal Elections were held for all the seats in the House of Representatives following the early dissolution of this body on 6 May 2010. Elections to the House of Representatives had previously taken place on 10 June 2007.
Elections were held on 13 June 2010 after the coalition government collapsed in April following a prolonged political crisis that had ensued in the aftermath of the previous elections held on 10 June 2007. They took place 12 months before the term of the legislature ended. On 6 May, the House of Representatives and the Senate adopted a declaration on the need for constitutional review, a procedure necessary for the dissolution of parliament. The publication of the review in the Belgian Moniteur (official gazette) led to both Houses being dissolved.

At stake were all 150 seats in the House of Representatives and 40 directly elected seats in the Senate.

Belgium is a country of 10.8 million inhabitants divided into three communities: the French, the Flemish and the German-speaking communities. It is composed of three regions: Wallonia (32.5% of the population), the Brussels-Capital region (9.7%) and Flanders (57.8%). The communities and regions have specific responsibilities. Belgium is furthermore composed of four linguistic regions: the French-speaking region, the Dutch-speaking region, the bilingual Brussels-Capital region and the German-speaking region.

In the 10 June 2007 elections, the Christian Democratic and Flemish-New Flemish Alliance (comprising the CD&V, led by Mr. Yves Leterme, and the N-VA, led by Mr. Bart De Wever), became the largest group in both chambers after campaigning notably for institutional reform and greater autonomy for the communities. It took 30 of the 150 seats in the House of Representatives and nine of the 40 directly elected seats in the Senate. The parties in the coalition government of then Prime Minister Guy Verhofstadt saw their share fall. The government, which comprised two Flemish parties - Mr. Verhofstadt's Open Vld and the Flemish Socialist Party-Spirit alliance (sp.a-Spirit, see note 1) - and two French-speaking parties - the Movement for Reform (MR) and the Socialist Party (PS), was forced to resign.

Following 196 days during which several attempts to form a government failed, an emergency interim government comprising five parties (the Open Vld, the MR, the CD&V, the PS and the cdH) was finally formed on 21 December 2007 under the leadership of Mr. Guy Verhofstadt. Its main task was to pass the 2008 budget. It won a vote of confidence on 23 December 2007 and Mr. Leterme was appointed Deputy Prime Minister. Although he was in charge of the budget portfolio, he led talks on institutional reform with other parties with a view to forming a new government. On 20 March 2008, Mr. Leterme was appointed Prime Minister and received a mandate to form a coalition government composed of the same parties as the interim government. On assuming the post, he announced that his government would devolve more federal powers to regional governments by 15 July 2008 (see note 2). After failing to meet the deadline, Mr. Leterme tendered his resignation to the King, which the latter did not accept.

The 2008 global economic crisis that severely affected the world banking system also hit the Belgian financial group Fortis. Mr. Leterme's government tried to resolve the crisis by selling Fortis to the French bank BNP Paribas. Several shareholders opposed the move and took the case to the court. On 12 December, the Appeal Court delivered its ruling, following which the President of the Appeal Court sent a letter to the House Speaker, informing him that attempts had been made to pressure the Appeal Court judges over the case. Prime Minister Leterme dismissed the allegations but admitted that one of his officials had contacted the judges. He nevertheless tendered his resignation to the King on 19 December, which was accepted. The then House Speaker, Mr. Herman Van Rompuy (CD&V), succeeded him as Prime Minister on 30 December 2008. Mr. Leterme was appointed Foreign Minister on 17 July 2009.

In November 2009, Mr. Van Rompuy was elected the first permanent President of the European Council and subsequently resigned as Prime Minister. Mr. Leterme once again became Prime Minister on 25 November 2009. However, his second government was forced to resign after the Open Vld, led by Mr. Alexander De Croo since October 2009, withdrew from the coalition on 22 April 2010 over a long-standing dispute about voting rights in the Brussels-Halle-Vilvoorde constituency (see note 3).

The major issues in the 2010 elections were economic recovery and improved public finances, in addition to institutional reform in Belgium, and in particular, the federal political system adopted following a number of institutional reforms.

In 2010, the Flemish parties that had formed an alliance for the 2007 elections - the CD&V and the N-VA - contested the elections separately. The Open Vld-sp.a, led by Caroline Gennez, Groen! (the Flemish green party), the Vlaams Belang and the List Dedecker also fielded candidates. All Dutch-speaking parties were in favour of State reform and greater autonomy for the various regions and communities. In the French-speaking part of the country, the PS of Mr. Elio Di Rupo, the MR of Mr. Didier Reynders, the cdH of Ms. Joëlle Milquet, the Ecolo (Greens), led by Jean-Michel Javaux and the PP, led by Mischaël Modrikamen, ran for the elections. They were keen to maintain a strong centralized federal government.

The programme of the N-VA, led by Mr. Bart De Wever, proposed to invest the regions and communities with considerable autonomy and limit the power of the federal government to essential areas such as defence and foreign relations. The judiciary and social security would be devolved to the regional and community governments. The party proposed to gradually reduce the powers of the federal government and in parallel, enhance its integration into Europe. It aimed to maintain the competitiveness of companies and supported certain proposals made by employers' organizations.

The CD&V, led since 2008 by Ms. Marianne Thyseen, also advocated reform via a redistribution of power among the federal government, the communities and the regions while maintaining adequate funding to ensure the proper running of the federal government. Its programme sought to foster an economic upturn through concerted social policy and focusing on the family.

The PS pledged to be part of a federal government that was capable of tackling economic problems and the serious social crisis without being bogged down by institutional handicaps. PS leader Di Rupo promised to initiate a constructive dialogue with the parties in the north in order to find a negotiated solution to the country's institutional problems, thereby improving the lives of citizens and creating a stable federal State. In addition to promoting job creation and making health care accessible to all, the party aimed to implement fairer taxation with a view to achieving a lasting social pact.

The MR called for reform in order to guarantee security, modernize the judicial system and make public administration more efficient and able to better serve citizens and companies. This party considered that institutional reform should not be an end in itself. It could be justified if it added value in terms of good governance and improved the daily life of citizens. The MR's programme aimed to guarantee a job for each citizen, support entrepreneurs and put in place a genuinely European and economically sound government.
The sp.a pledged to combat tax fraud and boost employment, in particular for youth and unskilled persons. It provided for measures to guarantee that the pension system remained in place and to raise the lowest incomes.

The Open Vld called for reforms to the political system that would make it less costly and more democratic. It aimed to improve the State budget and foster a more competitive economy without raising taxes. Moreover, it called for the regions to gradually take on further financial responsibilities and greater fiscal autonomy.

The far-right Vlaams Belang (Flemish Interest) party, led by Mr. Bruno Valkeniers, confirmed its ultimate objective of an independent Flanders, and was opposed to the immigration of persons who refused to integrate and did not respect the fundamental values of Belgian society. It pledged to actively combat the problem of illegal immigrants.

The programmes of the Ecolo and Groen! parties, which are part of the same parliamentary group in the House, focused on promoting sustainable development and environmental protection and combating climate change. They were in favour of greater solidarity at the global level, migrant mobility and better procedures for facilitating migrants' stay in the country. They were willing to help find a new institutional balance with a view to emerging in a lasting manner from the community conflicts and giving priority to urgent economic, social and environmental matters.

The cdH called for a new pact among Belgians to emerge from their institutional crisis. They also called for an ambitious jobs pact and sustainable economic and human growth to recover from the economic crisis. They appealed for unity to achieve this goal.

In all, 89.22 per cent of the 7.7 million registered voters turned out at the polls. Voting is compulsory in Belgium. The final results for the House of Representatives gave the N-VA 27 seats, up from eight. The CD&V saw its share drop from 23 to 17 seats, and the Vlaams Belang from 16 to 12. The PS increased its share from 20 to 26 seats and the sp.a took 13, the same number as the Open Vld and Ecolo-Groen! The MR and the cdH took 18 and nine seats respectively and the remainder went to small parties.

In the Senate elections, the N-VA came first, winning nine of the 40 seats at stake. The CD&V and the Open Vld-sp.a took four seats each, with Vlaams Belang copping three and Groen! one seat. The PS came in second with seven seats, followed by the MR with four and the cdH and Ecolo with two seats each.

On 6 July, the members of the House of Representatives were sworn in alongside the 40 directly elected senators. On 20 July, the House of Representatives elected Mr. André Flahaut (PS) as its new Speaker. On 13 July, 21 senators designated by the Community Parliaments (see note 4) took office while 10 co-opted members (see note 5) were sworn in on 20 July. On the same day, the Senate elected Mr. Danny Pieters (N-VA) as its President.

Negotiations for the formation of a new government have remained at a standstill ever since. On 16 May 2011, King Albert II mandated Mr. Di Rupo (PS) to form a government and instructed him to do everything that was necessary to that end. Meanwhile, Mr. Leterme's outgoing government remains in office and is invested with the requisite powers to run the country in collaboration with the Federal Parliament.

Note 1:
The Spirit party, which had been in alliance with the Flemish Socialist Party in the 2007 elections, merged with the Flemish Greens (Groen!) in December 2009 and ceased to exist.

Note 2:
Between 1970 and 1993, Belgium evolved into a federal State.

In broad terms, the federal government is responsible for matters concerning finance, the army, the judicial system, social security, foreign affairs, a large share of public health and internal affairs, social protection laws (unemployment, pensions, family allowances, and health and disability insurance), the public debt, monetary policy, pricing and salary policy, savings, nuclear power, State-owned enterprises and federal cultural and scientific organizations. The federal government is also responsible for Belgium's and its federated states' relations with the European Union and NATO.

The regions are responsible for areas that affect them directly. For example, the Flemish region, the Brussels-Capital region and Wallonia are responsible for matters such as the economy, employment, agriculture, water policy, housing, public works, energy, transport (except the SNCB (national railway company), the environment, planning and urban development, nature conservation, credit, external trade, trusteeship of provinces, communes and intercommunal relations. They are also responsible for scientific research and international relations in the above-mentioned areas.

Belgium is composed of three communities: the French community, the Flemish community and the German-speaking community. The community is based on the notion of "language" and is therefore linked to the persons living there. They are responsible for culture (theatre, libraries, audiovisual works, etc.), teaching, the use of languages and community-specific areas (health policy, public assistance, youth protection, social benefits, family benefits, assistance for newly-arrived immigrants, etc.). They are also responsible for scientific research and international relations in the above-mentioned areas.

For some time now, the communities have been calling for greater autonomy, particularly in the north of the country, where the economy performs better and the per-capita income is higher than in the south. State finances and the public finances of the regions and communities are blamed: Flanders considers that it sends more money out than it keeps for its own use. Proposals have been made to finance the regions and communities based on their own tax revenues while maintaining a system of solidarity. Some call for a change to a confederal system.

Note 3:
The constituency of Brussels-Halle-Vilvoorde (BHV) comprises the capital, Brussels, and the 25 Flemish municipalities surrounding it that are part of Flanders, although some communes close to Brussels have a special language arrangement for their French-speaking inhabitants. This is the only electoral district in Belgium where Flemish and French-speaking political parties compete directly with each other. The Flemish parties attempted to amend the electoral law in order to create a monolingual constituency in Halle-Vilvoorde and a bilingual constituency in Brussels, but the French-speaking parties refused and are calling for an extension of the Brussels region and, above all, retention of the rights of French-speaking inhabitants if the new constituency is created. During negotiations, one possible solution that was raised was a voting right for Brussels.

Note 4:
Ten senators each are designated by the Parliament of the French Community (Communauté française) and the Flemish Parliament (Vlaams Parlement) while the Parliament of the German-speaking Community nominates one member, bringing the total number of senators designated by the Community Parliaments to 21.

Note 5:
Six Flemish-speaking members and four French-speaking members are co-opted.
STATISTICS
Voter turnout
Round no 113 June 2010
Number of registered electors
Voters
Blank or invalid ballot papers
Valid votes
7'767'552
6'929'855 (89.22%)
402'488
6'527'367
Notes
Distribution of votes
Round no 1
Political group Candidates Votes % of votes
New Flemish Alliance (N-VA)
Socialist Party - Walloon (PS)
Movement for Reform (MR)
Christian Democratic and Flemish (CD&V)
Open vld
Flemish Socialist Party (sp.a)
Vlaams Belang (Flemish Interest)
Humanist Democratic Centre (cdH)
Greens - Walloon (Ecolo)
GROEN! (Flemish green party)
Dedecker List
People's Party
Distribution of seats
Round no 1
Political Group Total of seats Gain/Loss
New Flemish Alliance (N-VA) 27
Socialist Party - Walloon (PS) 26 6
Movement for Reform (MR) 18 -5
Christian Democratic and Flemish (CD&V) 17
Open vld 13 -5
Flemish Socialist Party (sp.a) 13
Vlaams Belang (Flemish Interest) 12 -5
Humanist Democratic Centre (cdH) 9 -1
Greens - Walloon (Ecolo) 8 0
GROEN! (Flemish green party) 5 1
Dedecker List 1 -4
People's Party 1
Distribution of seats according to sex
Men

Women

Percent of women
91

59

39.33%
Distribution of seats according to age
21 to 30 years

31 to 40 years

41 to 50 years

51 to 60 years

61 to 70 years

Over 70 years

12

39

49

45

4

1

Distribution of seats according to profession
Comments
Distribution of seats according to profession
Employee: 52
Liberal profession: 39
Education profession: 19
Civil servants: 17
Entrepreneur: 13
Journalist: 3
Worker: 1
Other: 6
Total: 150

Sources:
House of Representatives (08.04.2011, 22.12.2011)
http://elections2010.belgium.be/fr/cha/results/results_graph_CKR00000.html

PRESIDENCY OF THE PARLIAMENTARY CHAMBER

Parliament name (generic / translated) Parlement fédéral - Federaal Parlement - Föderales Parlament / Federal Parliament
Structure of parliament Bicameral
APPOINTMENT AND TERM OF OFFICE
Title President of the House of Representatives
Term - duration: 1 year (appointed for 1 session)
- reasons for interruption of the term: dissolution of the Assembly, resignation or death
- in case of dissolution, the outgoing President continues to serve until the new President has been appointed. If however the outgoing President has not stood for election or if he has not been re-elected as an MP, this role goes, starting from the day of the election and up until the appointment of the new President, successively, to the First Vice-President, the Second Vice-President or the most senior Vice-President of the dissolved House who has been re-elected as an MP
Appointment - elected by the House at the beginning of each session
- after the Members' mandates have been validated and the Members have been sworn in at the beginning of the legislature
Eligibility - elected by the House at the beginning of each session
- any Member may be a candidate, but his notification of candidature must be formally provided before the election
Voting system - formal vote by secret ballot and absolute majority in the first and second rounds; in the third round, a relative majority suffices
- in the event of a tie, the most senior candidate is appointed
Procedures / results - the most senior Member presides over the House during the voting
- the youngest Members of the House acting as secretaries check the number of voters; four teller's offices count the votes
- the most senior Member announces the results without any delay
- the results cannot be challenged
STATUS
Status - ranks third or fourth (the oldest President has precedence) after the King and the royal family, and the cardinal
- joint sittings of both Chambers are presided over by the oldest President
- the President participates qualitate qua in international meetings
- the President chairs the Board and the Conference of Presidents
- in the President's absence, he/she is replaced by one of the five Vice-Presidents, in the order of protocol
Board - The Board of the House
- composed by the House at each session
- consists of the President, the Vice-Presidents and the secretaries
- meets during the last week of every month
Material facilities - a normal MP's salary (BEF 2,479,516 gross annually at the current index)
- a special allowance as President of the House (BEF 2,546,678 gross annually at the current index)
- remuneration for representational duties, 72% of the normal remuneration for an MP (BEF 1,785,252 gross annually at the current index)
- a normal MP's salary (BEF 2,479,516 gross annually at the current index)
- a special allowance as President of the House (BEF 2,546,678 gross annually at the current index)
- remuneration for representational duties, 72% of the normal remuneration for an MP (BEF 1,785,252 gross annually at the current index)
- official car
- secretariat consisting of 12 staff members
- official residence: President's mansion
- bodyguards from the House's own staff
FUNCTIONS
Organization of parliamentary business - convenes sessions of the House
- proposes the order of the agenda after having sought the advice of the Conference of Presidents
- judges the admissibility of texts
- refers texts to a committee for study
Chairing of public sittings - opens, adjourns and closes sittings
- ensures respect for provisions of the Constitution and Standing Orders
- makes announcements concerning the Assembly
- takes disciplinary measures in the event of disturbance, and lifts such measures
- establishes the list of speakers, gives and withdraws permission to speak
- establishes the order in which amendments are taken up
- 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 Assembly in consultation with the latter
Special powers - presides over the Accounting Committee which fixes the budget proposed by the questors
- 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 Chamber
Speaking and voting rights, other functions - may take the floor in legislative debates by leaving the podium
- takes part in voting
- judges the admissibility of instruments of parliamentary oversight (interpellation, oral or written questions, petitions)
- is consulted after elections and in periods of political crisis by the Head of State
- continues to serve as President between sessions

PARLIAMENTARY MANDATE

Parliament name (generic / translated) Parlement fédéral - Federaal Parlement - Föderales Parlament / Federal Parliament
Structure of parliament Bicameral
NATURE
Nature of the mandate · Free representation (Art. 42 of the Constitution, co-ordinated text of 17.02.1994, with amendments up until 20.05.1997)
Start of the mandate · From the day of the election, under the resolutory condition of non-validation of powers or failure to take the oath
Validation of mandates · Validation by the House of Representatives (Art. 48 of the Constitution)
· Procedure (Art. 2 of the Standing Orders of the House)
End of the mandate (a) Ordinary renewal (after the four-year term of the House has ended; see Art. 239 of the Electoral Code): on the day of new elections (Art. 105 of the Electoral Code)
(b) Early dissolution: on the day of dissolution of the House.
Can MPs resign? Yes · Yes, of their own free will
· Procedure (Art. 234 of the Electoral Code): notice of resignation is provided by a letter addressed to the President of the House of Representatives or, when Parliament is in recess, the Minister of the Interior.
· Authority competent to accept the resignation: the agreement of the House of Representatives is not required
Can MPs lose their mandate ? Yes (a) Loss of mandate by judicial decision: a deputy who, following a judicial decision, forfeits his civil and political rights, no longer fulfils the conditions for eligibility and must be considered as having automatically resigned.
(b) Loss of mandate for incompatibility:
- Temporary loss due to the MP's being appointed Minister by the King (Art. 50 of the Constitution)
- Definitive loss due to the MP's being appointed by the Government to any other salaried post than that of minister (Art. 51 of the Constitution)
STATUS OF MEMBERS
Rank in hierarchy · Within Parliament:
1. The Board, including the leaders of political groups, ranked according to responsibilities exercised within the Board or, by de-fault, by order of parliamentary seniority
2. Deputies who are former Ministers, ranked according to parliamentary seniority
3. The other deputies, ranked according to parliamentary seniority
· Outside Parliament: the official order of precedence ranks the President of the House of Representatives in the fourth position (within this rank, the precedence between the President of the House and the President of the Senate falls to the oldest). The members of the boards and the questors occupy the 102nd position, MPs who are former Presidents of legislative Chambers and former Ministers occupy the 103rd position, other MPs occupy the 104th rank (with precedence for senators within this rank).
Indemnities, facilities and services · Diplomatic passport for the President, the first Vice-President and the former Presidents of the House. The other members of the House benefit from a passport with a protection arrangement.
· Basic salary: BEF 2,579,672 per year (as at 01.01.1998)
+ Expense allowance: BEF 722,308 per year
· Tax exemption for expense allowance
· Pension scheme
· Other facilities:
(a) Secretariat/assistants (Art. 109 of the Standing Orders of the House of Representatives)
(b) Postal and telephone services: free postage for correspondence with the public services
(c) Travel and transport (Art. 66 (2) of the Constitution)
(d) Other
Obligation to declare personal assets Yes
Parliamentary immunity - parliamentary non-accountability · The concept exists (Art. 58 of the Constitution).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: offence or insult (Art. 34 of the Standing Orders 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 exists (Art. 59 (1) of the Constitution).
· It applies only to criminal proceedings, covers all offences and protects MPs only dismissal or from a direct summons to appear before a court or tribunal and from arrest, but not from the opening of judicial proceedings against them or from their homes being searched.
· Derogations: parliamentary inviolability does not apply in cases involving flagrante delicto (Art. 59 (1) of the Constitution).
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided only during sessions and also covers, in principle, judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted (Art. 59 (1) of the Constitution).
- Competent authority: the House of Representatives
- Procedure. In this case, MPs cannot be heard. They do not have means of appeal.
· Parliament cannot subject the prosecution and/or detention to certain conditions, but the Constitution provides for some additional procedural rules and the House may only agree in part to a request for the lifting of parliamentary immunity.
· Parliament can suspend the prosecution and/or detention of one of its members (Art. 59 (5 and 6) of the Constitution):
- Competent authority: the House of Representatives
- Procedure (Art. 59 (5 and 6) of the Constitution)
· In the event of preventive custody or imprisonment, there is no precedent to date as to whether the MPs concerned can be authorised to attend sittings of Parliament.
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 not compulsory for MPs to be present at plenary sittings or committee meetings.
Discipline · The rules governing discipline within Parliament are contained in Art. 33 (5), 34, 35 and 51 to 55bis of the Standing Orders of the House of Representatives.
· Disciplinary measures foreseen:
- Call to order (Art. 51 (1, 3 and 4) of the Standing Orders)
- Point of order or warning for irrelevance (Art. 35 (1) of the Standing Orders)
- Withdrawal of speaking rights (Art. 35 (2) and 51 (2 and 5) of the Standing Orders)
- Censure with entry in the record (Art. 52 (1 and 3) of the Standing Orders)
- Temporary exclusion (Art. 52 of the Standing Orders)
- Suspension or lifting of the sitting, with exclusion of the member for eight sittings (Art. 52 (4) of the Standing Orders)
- Deletion of remarks from the Annals (Art. 33 (5), Art. 35 (3) and Art. 55 of the Standing Orders)
· Specific cases:
- Offence or insult (Art. 34 of the Standing Orders): all disciplinary sanctions
- Uproar (Art. 53 of the Standing Orders): suspension of the sitting
- Assault (Art. 54 of the Standing Orders): exclusion for ten sittings
- Breach of secrecy (Art. 55bis of the Standing Orders; see also Code of Conduct): loss of right to belong to a committee of inquiry and to attend its meetings; withholding of the MP's salary
· Competent body to judge such cases/to impose penalties:
- Call to order, point of order or warning for irrelevance, with-drawal of speaking rights, deletion of remarks from the Annals, up-roar, assault: the President
- Censure with entry in the record, temporary exclusion, suspension or lifting of the sitting with exclusion of the member for eight sittings: the House of Representatives, on a proposal by the President
- Offence or insult: depending on penalty
- Breach of secrecy: the President, after the committee of inquiry concerned or the Committee on Prosecution has expressed an opinion
· Procedure:
- Call to order (Art. 51 (1, 3 and 4) of the Standing Orders)
- Point of order or warning for digression (Art. 35 (1) of the Standing Orders)
- Withdrawal of speaking rights (Art. 35 (2 and 51 (2 and 5) of the Standing Orders))
- Censure with entry in the record, temporary exclusion, suspension or lifting of the sitting with exclusion of the member for eight sit-tings (Art. 52 of the Standing Orders)
- Deletion of remarks from the Annals (Art. 55 of the Standing Orders)
- Offence or insult (Art. 34 of the Standing Orders)
- Uproar (Art. 53 of the Standing Orders)
- Assault (Art. 54 of the Standing Orders)
- Breach of secrecy (Art. 55bis of the Standing Orders; see Code of Conduct, Procedure)
Code (rules) of conduct · This concept does not exist in the country's juridical system but there is one relevant provision (Art. 55bis of the Standing Orders; see also Discipline). For incompatibilities, see Loss of mandate.
· Penalties foreseen for breaches of the code of conduct: loss of membership and attendance rights with regard to committees of inquiry; withholding of the MP's salary (Art. 55bis (1) of the Standing Orders; violation of secrecy)
· Competent body to judge such cases/to impose penalties: the President, after the committee of inquiry concerned or the Committee on Prosecution has expressed an opinion
· Procedure (Art. 55bis of the Standing Orders).
Relations between MPs and pressure group · There are no legal provisions in this field.

This page was last updated on 16 January 2012
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