Dimension: 1.2.1 Status of members of parliament
This dimension concerns the arrangements by which MPs formally take up and/or leave office, as reflected in provisions of the legal framework and/or in rules of procedure. These provisions should be clear and should not unreasonably impede a duly elected (or appointed) MP from taking up and continuing in office until the completion of their term. MPs should expect that, once they have taken up office, they will continue for a full term.
In bicameral parliaments, there may be different rules on the taking-up and leaving of office, and on the duration of MPs’ term of office, for each chamber. In some countries, there are provisions for an MP to resign before their term of office expires, or to be removed from office in line with a recognized process or procedure.
Forfeiture of an MP’s office pursuant to a judicial decision, usually termed “disqualification”, is a practice that exists in almost all countries. Where the legal framework provides for the termination of an MP’s office, the relevant provisions should be clearly defined, leaving no ambiguity as to the process and to the court or tribunal by whose judgement the office may be terminated. Similarly, the provisions should specify the severity of the penalty leading to termination. MPs should not be subject to political attempts to remove them from office.
This dimension also addresses what happens to an MP’s seat when they voluntarily leave, or are expelled from, their political party. Although rules and practice in this matter significantly differ across parliaments, three main scenarios can be observed:
- The seat is held by the political party, and the MP who leaves their party loses their seat.
- The seat is held personally by the MP, who keeps their seat regardless of whether or not they are in the same political party as when they were elected.
- The seat belongs neither to the party nor to the individual MP, and when an MP leaves their political party, a by-election must be held to fill the seat.
Aspiring goal
Assess your parliament against this dimension
Assessment criteria
No 1: Term of office
Provisions of the legal framework and/or rules of procedure clearly define when duly elected or appointed MPs take up and leave office.
No 2: Swearing-in of MPs
The legal framework provides for the swearing-in of MPs so that they can participate fully in the proceedings of parliament. The relevant provisions are non-discriminatory; for example, they do not require MPs to take a religious oath against their conscience.
No 3: Ending the mandate before the end of the term
Clear, formal provisions establish the process by which an MP’s mandate may end before the end of their term. These provisions include a clearly defined process for MPs to voluntarily resign. Where there are provisions for involuntary leaving of office – such as expulsion by parliament, incompatibility of office, or disqualification – such provisions are limited, specific and implemented in accordance with due-process standards.
No 4: Leaving a political party
Clear, formal provisions are in place for cases where MPs leave, or are expelled from, their political party before their term of office expires. Individual MPs cannot lose their seat as a result of expressing views that differ from those of their political party.
How to complete this assessment
This dimension is assessed against several criteria, each of which should be evaluated separately.
For each criterion, select one of the six descriptive grades (Non-existent, Rudimentary, Basic, Good, Very good and Excellent) that best reflects the situation in your parliament, and provide details of the evidence on which this assessment is based.
The evidence for assessment of this dimension could include the following:
- Provisions of the legal framework and/or rules of procedure relating to the taking-up and leaving of office by MPs
- Provisions of the legal framework and/or rules of procedure relating to the swearing-in of MPs
- Practices relating to the taking-up or leaving of office of MPs, or assessments by independent and credible organizations
Where relevant, provide additional comments or examples that support the assessment.
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The assessment of indicators involves diagnosing and considering strengths and weaknesses, i.e. the things parliament is doing well, and the things it could do better or more effectively, taking into account established good practices that are described in the indicators.
Read the assessment guidance to find out what to consider when conducting an assessment against the Indicators. Find out how to prepare, how to set the objectives of the assessment, how to organize the process, and more. Contact the project partners for expert advice.
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