No 2: Procedures

Parliament’s rules of procedure establish clear and effective procedures and specific timelines for obtaining information from the executive. These procedures are applied rigorously and systematically in practice. 

No 1: Legal framework

The constitution and/or other aspects of the legal framework authorize parliament, its committees and individual MPs to obtain information from the executive and establish the obligation for ministers to provide such information in full and in a timely manner.

Based on a global comparative analysis, an aspiring goal for parliaments in the area of “access to information from the executive” is as follows:

  • The legal framework authorizes parliament, parliamentary committees and individual MPs to obtain information, including classified information, from the executive. Ministers are legally obliged to provide such information in full and in a timely manner.
  • There are clear and effective procedures and specific timelines for obtaining information from the executive. These procedures are applied rigorously and systematically in practice.
  • Parliament has a designated committee or other body tasked with monitoring the executive’s compliance with these legal requirements and procedures and for keeping track of matters such as delays, failures to submit information and justifications for delays.
  • Where a minister or other representative of the executive systematically fails to provide information when requested by parliament, this may constitute grounds for censure or impeachment, or lead to other forms of parliamentary action.
     
No 4: Practice

In practice, the procedures for electing the Head of State/Government, for holding a vote of confidence in the executive, and for censuring or impeaching the Head of State/Government and/or ministers are applied consistently and in accordance with the relevant provisions of the constitution and other aspects of the legal framework. 

No 3: Censure or impeachment of the executive

Parliament has the power to remove the Head of State/Government and/or ministers for breaches of their constitutional duty or for unlawful conduct through processes of censure or impeachment. The rules and criteria for such processes are clearly set out in the legal framework and in parliament’s rules of procedure. 

No 2: Votes of confidence in the executive

In systems where the executive requires parliamentary confidence in order to govern, the legal framework lays down clear rules and criteria for the establishment of such confidence. In systems not based on parliamentary confidence, parliament approves ministers and cabinet members individually.

No 1: Election of the Head of State/Government

The constitution lays down clear criteria and rules for the election of the Head of State/Government and, where relevant, the role that parliament plays in this election. 

Based on a global comparative analysis, an aspiring goal for parliaments in the area of “election and dismissal of the executive” is as follows:

  • The constitution clearly establishes the mandate of parliament concerning its powers:
    • to elect the Head of State/Government
    • to hold a vote of confidence in the executive
    • to censure or impeach the Head of State/Government and/or ministers
  • The procedure for applying these powers is clearly established in law and in practice. 
No 5: Follow-up

Committees and/or other parliamentary bodies conducting PLS regularly interact with the executive and other stakeholders in order monitor the implementation of PLS recommendations.

No 4: Inclusiveness

PLS is an inclusive process that invites input from political parties, academia, experts and civil society.

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