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Administrative and financial autonomy of parliamentary assemblies
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Overview | Key points | Viewpoint | Papers presented | Comments and questions
Overview
The separation of powers principle provides that executive, legislative and judicial power within a state should be vested in separate organisations to prevent an abuse of power. That principle implies autonomy for each of the three arms of state. In practice autonomy is dependent on a number of factors, including the administrative and financial resources that are available for each arm of state to properly exercise its functions.
A questionnaire on administrative and financial autonomy completed by 52 parliamentary assemblies provided an insight into the way in which the principle and practice of parliamentary autonomy operates in different countries. The results of that questionnaire were reported to the September 1998 meeting of the ASGP held in Moscow.
Key points
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In almost all of the countries completing the questionnaire the autonomy of parliament is recognised formally in constitutional texts.
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Parliament having autonomy does not preclude cooperation with the government.
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The autonomy of parliament can be described as a "functional autonomy" under which the parliamentary assembly has the ability to determine its form of organisation, procedures and rules.
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The most elementary condition for freedom of debate within a parliamentary assembly is the security of its members and, as a consequence, the protection of its premises. From a security perspective autonomy is determined by the following criteria: control of entry and internal security of the parliamentary precincts is secured by services answerable to the parliament; entry of police into the parliamentary precincts is subject to parliamentary authorisation; and a parliamentary body has authority over staff and security forces within the parliament. Most parliaments completing the questionnaire met these criteria.
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A significant number of parliaments possess autonomous social protection and retirement arrangements for their members. For those that do not, members benefit either from general arrangements for retirement and sickness insurance or from the arrangements applying to civil servants.
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The remuneration of members of parliament is, in the majority of cases, determined by law, often with reference to the remuneration of senior judges and civil servants.
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A large majority of assemblies are subject to the control of a court of law for all or part of their acts of administration and management.
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Most parliaments can take legal action through the courts, with the power exercised either by the Speaker/President or the parliamentary administration, headed by the Secretary General.
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In almost all parliaments the budget for the parliament is voted on in the plenary session of the parliament.
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Two thirds of parliaments draw up their draft budget without the intervention of the government while a third are subject to the intervention of the Ministry for Finance.
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Parliaments generally generate expenditure and little by way of income.
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The principal items of expenditure common to all parliaments are, in decreasing order of importance: remunerations and pensions (60%); administrative expenditure, eg meeting expenses, office supplies, publication costs, etc (20%); grants, in particular to political groups (10%); expenditure on equipment, including buildings, and other expenses (10%).
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Management of the budget is the responsibility of the Secretary General in a majority of parliaments, but in some parliaments responsibility rests either with the Speaker or President or with a parliamentary committee.
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Most parliaments rely on external bodies for inspection of their budget and its management (eg Auditor General).
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In cases of deficit, almost all assemblies can appeal for supplementary appropriations.
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Surpluses in the majority of cases are reserved for the state budget.
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The majority of assemblies publish the general outline of the budget.
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A majority of parliaments possess their own property distinct from that of the state.
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Most parliaments distinguish between officials working for the assembly and officials working for political groups.
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The number of officials is generally greater than parliamentarians in most assemblies.
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Officials for the most part are recruited specially by parliaments and their recruitment and careers are not dependent on the government.
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Recruitment is generally through open competition with candidates required to demonstrate aptitude for the work, competence, qualifications and suitability.
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Parliamentary officials generally can contest adverse decisions made against them, either through appeal to a higher authority or to the same authority for reconsideration of the matter. Appeal to the courts is also possible.
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The overall assessment of parliamentary autonomy from the questionnaire is that 22 assemblies think it has increased or has a strong chance of increasing, 13 think the situation is stable, two assemblies mention a certain decline, one assembly thinks it has insufficient autonomy and one assembly sees its autonomy under threat.
Viewpoint
"One of the striking aspects of this trend towards greater autonomy is its universality: whilst very strong in those new assemblies which have to achieve a basic autonomy, the trend is also found in the oldest parliaments. It is clear, however, that the administrative and financial autonomy of parliaments is also dependent on the institutions of the state to which they belong. Furthermore, they depend on the high or low regard in which parliament is held by public opinion."
Michel Couderc, France
Papers presented
The paper and questionnaire results on the administrative and financial autonomy of parliamentary assemblies is reproduced in Constitutional and Parliamentary Information No.177, 1999.
The administrative and financial autonomy of parliamentary assemblies
Michel Couderc, France
Comments and questions
We welcome comments and questions as a means of continuing discussion on these issues. These should be emailed to the ASGP Joint Secretaries:
Comments and questions, along with responses to questions, will be posted on this site.
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