| Parliament name (generic / translated) |
Las Cortes Generales / The Cortes |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Congreso de los Diputados / Congress of Deputies |
| Related chamber (for bicameral parliaments) |
Senado / Senate
|
| NATURE |
| Nature of the mandate |
· Free representation (Art. 67 (2) of the Constitution of 29.12.1978, with amendments up to 27.08.1992; see also Art. 79 (3) of the Constitution) |
| Start of the mandate |
· When the MPs are proclaimed elected (SO 20 of the Standing Orders of the Congress) |
| Validation of mandates |
. Validation by a final court judgement only in case of challenge ((in)validation of the election or the proclamation as a Senator; causes of ineligibility) |
| End of the mandate |
· On the day when the legal term of the House ends - or on the day of early dissolution (Art. 68 (4) of the Constitution, SO 22 (3) of the Standing Orders of the Congress; for possibilities of dissolution see Art. 99 (5) and 115 of the Constitution). The Permanent Deputation, however, continues to exercise its functions, on the expiration of the mandate or in case of early dissolution, until the constitution of a new Parliament (Art. 78 (3) of the Constitution, SO 57 of the Standing Orders of the Congress). |
| Can MPs resign? |
Yes |
· Yes, of their own free will (see also SO 22 (4) of the Standing Orders of the Congress)
· Procedure: the Deputy must submit his resignation to the Board of the House.
· Authority competent to accept the resignation: the Board of the House
|
| Can MPs lose their mandate ? |
Yes |
Definitive exclusion from Parliament by the latter:
- Loss of the general conditions for eligibility (Art. 70 of the Constitution, S. 6, 7, and 154 of the Representation of the Spanish People Organic Act; see also Causes of ineligibility)
(b) Loss of mandate by judicial decision:
- annulment of the election or the proclamation as a Deputy through a final court judgement (SO 22 (1) of the Standing Orders of the Congress; see also Validation of mandates)
- incapacity declared by a final court judgement (SO 22 (2) of the Standing Orders of the Congress)
(c) Loss of mandate for incompatibilities (Art. 70 of the Constitution, SO 19 of the Standing Orders of the Congress, S. 6, 7, and 154 to 160 of the Representation of the Spanish People Organic Act). See also Obligation to declare personal assets).
(d) Death (SO 22 (2) of the Standing Orders of the Congress)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The President
2. The other members of the Board
3. The Spokesmen of the Parliamentary Groups
4. The Presidents of committees
|
| Indemnities, facilities and services |
· No diplomatic or official passport
· Basic salary (see Art. 71(4) of the Constitution, SO 8 (1) and (4) of the Standing Orders of the Congress): Pesetas 403,342/month (US $ 2,680/month)
+ Additional allowance
(for living costs in Madrid; see SO 8 (2) of the Standing Orders of the Congress): US $ 1,500/month
· Exemption from tax for the additional allowance. The basic salary is not exempt from tax (SO 8 (3) of the Standing Orders of the Congress).
· Pension scheme
· Other facilities (see also SO 8 (2) of the Standing Orders of the Congress):
(a) Secretariat (provided by Parliamentary Groups)
(b) Assistants (provided by Parliamentary Groups)
(c) Postal and telephone services
(f) Travel and transport
|
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 71 (1) of the Constitution, SO 10 of the Standing Orders of the Congress).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament (SO 10 of the Standing Orders of the Congress; see also Art. 67 (3) of the Constitution).
· Derogations: offence or insult (SO 103 (1) and 104 (3) of the Standing Orders of the Congress, 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 (SO 10 of the Standing Orders of the Congress).
|
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Art. 71 (2) and (3) of the Constitution, SO 11 of the Standing Orders of the Congress).
· It applies only to criminal proceedings, covers all offences and protects MPs from arrest, from being held in preventive custody, and from the opening of judicial proceedings against them. It does not protect them from their homes being searched.
· Derogations: Senators may be detained in case of flagrante delicto. In this case, the President of the Congress immediately adopts those measures which are necessary to safeguard the rights and prerogatives of the Congress and its members (SO 12 of the Standing Orders of the Congress).
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· 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. 71 (2) of the Constitution, SO 11 of the Standing Orders of the Congress):
- Competent authority: the Congress
- Procedure (Art. 71 (3) of the Constitution, SO 13 and 14 of the Standing Orders of the Congress). In this case, Senators are 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.
|
| EXERCISE OF THE MANDATE |
| Training |
· There is no training/initiation process on parliamentary practices and procedures for MPs.
· Handbooks of parliamentary procedure:
- Standing Orders of the Congress
|
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings and committee meetings (SO 15 of the Standing Orders of the Congress).
· Penalties foreseen in case of failure to fulfil this obligation (SO 99 (1) (a) of the Standing Orders of the Congress)
· Body competent to judge such cases/to apply the penalties: the Board
|
| Discipline |
· The rules governing discipline within Parliament are contained in SO 99 to 104, and 106 of the Standing Orders of the Congress.
· Disciplinary measures foreseen:
- Warning for irrelevance (SO 102 (1) of the Standing Orders of the Congress)
- Order to discontinue the speech (SO 102 (2) of the Standing Orders of the Congress)
- Call to order (SO 103 of the Standing Orders of the Congress)
- Order to discontinue the speech and order not to attend the rest of the sitting (SO 100, 104 (1) of the Standing Orders of the Congress)
- Prohibition to attend the next sitting (SO 100, 104 (2) of the Standing Orders of the Congress)
- Deprivation of some or all rights contained in SO 6 to 9 of the Standing Orders (SO 99 of the Standing Orders of the Congress)
- Temporary suspension from the status of Deputy (SO 100, 101 and 106 of the Standing Orders of the Congress)
· Specific cases:
- Offence or insult (SO 103 (1) and 104 (3) of the Standing Orders of the Congress): call to order; order to take back the offences; deletion from the Congressional Record; order to discontinue the speech and order not to attend the rest of the sitting; prohibition to attend the next sitting
· Competent body to judge such cases/to apply penalties (see also SO 105 of the Standing Orders of the Congress):
- Warning for irrelevance, order to discontinue the speech, call to order, order to discontinue the speech and order not to attend the rest of the sitting, prohibition to attend the next sitting, offence or insult: the President
- Deprivation of some or all rights contained in SO 6 to 9 of the Standing Orders: the Board
- Temporary suspension from the status of Deputy: the Congress, on the proposal of the Bureau or the Commission on the Statute for Members; the Presidency; the President (special case)
· Procedure:
- Warning for irrelevance (SO 102 (1) of the Standing Orders of the Congress)
- Order to discontinue the speech (SO 102 (2) of the Standing Orders of the Congress)
- Call to order (SO 103 of the Standing Orders of the Congress)
- Order to discontinue the speech and order not to attend the rest of the sitting (SO 100, 104 (1) of the Standing Orders of the Congress)
- Prohibition to attend the next sitting (SO 100, 104 (2) of the Standing Orders of the Congress)
- Deprivation of some or all rights contained in SO 6 to 9 of the Standing Orders (SO 99 of the Standing Orders of the Congress)
- Temporary suspension from the status of Deputy (SO 100, 101 and 106 of the Standing Orders of the Congress)
- Offence or insult (SO 103 (1) and 104 (3) of the Standing Orders of the Congress)
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (SO 16, 17, and 19 (3), 99 and 101 of the Standing Orders of the Congress, S. 160 (3) and (4) of the Representation of the Spanish People Organic Act; see also Loss of mandate for incompatibilities; for the declaration of personal assets, see Obligation to declare personal assets).
· Penalties foreseen for violation of these provisions:
- Deprivation of some or all rights contained in SO 6 to 9 of the Standing Orders and/or temporary suspension (SO 16, 99, and 101 of the Standing Orders of the Congress; revelation of secrets)
- Temporary suspension from the status of Deputy (SO 17, 101 of the Standing Orders of the Congress; prohibition to use the status of Deputy in the exercise of trade, industrial or professional activities)
- Loss of mandate (SO 19 (3) of the Standing Orders of the Congress, S. 160 (3) and (4) of the Representation of the Spanish People Organic Act; incompatibilities)
· Competent body to judge such cases/to impose penalties:
- Deprivation of some or all rights contained in SO 6 to 9 of the Standing Orders: the Board
- Temporary suspension from the status of Deputy (revelation of secrets): the Congress, on the proposal of the Board; the Presidency
- Temporary suspension from the status of Deputy (prohibition to use the status of Deputy in the exercise of trade, industrial or professional activities): the Congress, on the proposal of the Commission on the Statute for Members; the Presidency
- Loss of mandate: by law or by decision of the Deputy concerned
· Procedure:
- Deprivation of some or all rights contained in SO 6 to 9 of the Standing Orders (SO 99 of the Standing Orders of the Congress)
- Temporary suspension from the status of Deputy (SO 101 of the Standing Orders of the Congress)
- Loss of mandate for incompatibilities (SO 19 (3) of the Standing Orders of the Congress, S. 160 (3) and (4) of the Representation of the Spanish People Organic Act)
|
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
