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MEMBER OF PARLIAMENT
PARLIAMENTARY MANDATE
Nature of the mandate :
· Free representation (see Art. 50 (3) and 54 (4) of the Constitution of 21.08.1995)
Start of the mandate :
· On the day when the newly elected Parliament meets
Validation of mandates :
· No validation
End of the mandate :
· On the day when the newly elected Parliament meets (for early dissolution, see Art. 60 of the Constitution)
Can MPs resign ? :
Yes
· Of their own free will (precedents)
· Procedure: by addressing Parliament at one of its sittings
· Authority competent to accept the resignation: the Speaker
Can MPs lose their mandate :
Yes
(a) Revocation before expiry of mandate by the electorate in case of loss of confidence (Art. 12 (3) and 54 (7) of the Constitution). Procedure (Art. 4
(1) to (3) of the Proclamation No. 88/1997).
(b) Definitive exclusion from Parliament by the latter for misconduct (see also Discipline and Code of
conduct)
STATUS OF PARLIAMENT MEMBERS
Rank in hierarchy :
· Within Parliament:
· Outside Parliament:
Indemnities, facilites and services :
· Diplomatic or official passport
· Basic salary: ETB 18,000 per year + Additional allowance: ETB 600 per year
· Total exemption from tax
· No pension scheme
· Other facilities:
(a) Official housing
Obligation to declare personal assets :
No
Parliamentary immunity - parliamentary non-accountability :
· The concept does exist (Art. 54 (5) of the Constitution).
· Parliamentary non-accountability is limited to words spoken or written by MPs
and votes cast within Parliament.
· Derogations: forwarding of unsubstantiated matters to the floor, untruthfulness, slander and libel (see also Art. 12 (2) of the Constitution)
· 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. 54 (6) of the Constitution).
· 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: in cases of flagrante delicto, an MP can be arrested or prosecuted without the permission of the Council of People's Representatives.
· 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. It does not cover judicial proceedings
instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted (Art. 54 (6) of the Constitution):
- Competent authority: the Council of People's Representatives
- Procedure:
EXERCISE OF THE MANDATE
Training :
· Handbooks of parliamentary procedure:
Participation in the work of Parliamentary :
NA (no information received)
Discipline:
· The rules governing discipline within Parliament are contained in ...
· Disciplinary measures foreseen
- Order to leave the sitting
- Order to present apologies
- Fines
- Suspension from Parliament
- Exclusion from Parliament
· Specific cases:
- Offence or insult
· Competent body to judge such cases/to impose penalties:
- The Council of People's
Representatives, on recommendation of a Committee of Inquiry
· Procedure
Code (rules) of conduct :
· This concept does not exist in the country's juridical system
· Penalties foreseen for violation of the code of conduct
- Verbal warning
- Written warning
- Open warning
- Suspension from Parliament
- Exclusion from Parliament
· Competent body to judge such cases/to impose penalties: the Council of People's Representatives
· Procedure. In this case, MPs have means of recourse.
Relations between MPs and pressure groups :
· There are no legal provisions in this field. |
