ASSESSMENT OF PARLIAMENTARY CAPACITY

Please rate the following questions on a scale of 1-5 : (1) poor, (2) fair, (3) good, (4) very good and (5) excellent

1. The representativeness of the Parliament

1. The composition of Parliament is representative of minority groups and regions (in terms of political opinons, geography, ethnicity, religion, education, etc.)
2. Women are fairly represented in the Parliament
3. Parliamentary procedures allow and encourage opposition and minority parties contribute to the work of the Parliament
4. MPs have a full right to express their opinion freely, being protected from executive or legal interference
5. Party discipline is not strictly enforced, MPs being usually allowed to vote against their party.
6. The control of funding of political parties and electoral campaigns guarantees the independence of elected MPs in the exercise of their function.
7. Parliament participates in the mechanisms of reconciliation and peace consolidation.
8. Parliament effectively deals with citizens petitions and complains through a specialized committee for this matter.
9. Members of Parliament have a strong organized constituency base, composing of offices, staff, and time scheduled to go in the constituency and meet people.
10. Parliament is effective as a forum for debate on questions of public concern.

2. Parliament’s Administrative Capacity and Institutionalisation

1. Rules of Procedure are clear, known and respected.
2. Parliament is independent from the executive in deciding its own budget.
3. Parliament is independent from the executive in deciding on its agenda and programmes.
4. Parliament is independent from the executive on deciding on its committee structure and membership.
5. Committee membership is stable during a parliamentary mandate.
6. Committee resources are adequate to the need of parliamentary work in terms of meeting rooms, offices and facilities
7. The number and the professional qualifications of parliamentary staff are adequate to the need of parliamentary work
8. Parliament has sufficient information resources (library, research department, intranet system), to support the activity of members, factions and committees.
9. All parliamentary decisions and legislative projects are debated in the competent committee before being submitted to debate and approval in the plenary.
10. A Code of Official Conduct/Ethics for parliamentarians is implemented and overviewed by an Ethics Commissioner or by an Ethics Committee.

3. Parliament’s Legislative Capacity

1. The laws issued by Parliament prevail in number the ordinances and the decrees issued by government.
2. Parliament has the right to endorse, amend, or reject government’s ordinances and decrees.
3. MPs have the right to initiate legislation and parliamentary procedures allow them to make use of this right fully.
4. MPs have the right to amend legislative proposals and parliamentary procedures allow them to make use of this right fully.
5. Parliamentary procedures provide MPs and committees with sufficient time to analyze and debate legislative proposals.
6. Procedures for consultation with relevant groups of interests and NGOs in the course of legislation are systematic and transparent.
7. The plenary usually follows committee recommendations and amendments on legislative proposals.
8. There is an effective and easy system to track legislation and its status, inside the parliamentary administration.
9. Parliament ensures that the enacted legislation is clear, concise, and intelligible.
10. Parliament ensures that the enacted legislation is consistent with the constitution and the human rights of the population.

4. Parliament’s General Overall Capacity

1. Parliament has constitutional and legal powers for an effective oversight of government activity.
2. Parliament is effectively making use of its constitutional and legal powers to hold the government accountable.
3. Parliament monitors the impact of laws once they are enacted, and evaluates the problems associated with the implementation of laws.
4. The Parliament has the authority to appoint or confirm Ministers.
5. Parliament is making use of a special weekly session for Questions an Interpellations.
6. Ministers and other executive officials attend promptly the plenary sessions or committee meetings when their presence is requested, providing the Parliament with the information requested.
7. Permanent committees have the power to oversee the activity of ministries and other executive agencies in their area of competence.
8. Parliament has the authority to investigate activities of the executive and to settle inquiry committees.
9. Parliament has the power to force the executive to resign, by voting a Motion of Censure or by a No Confidence Vote.
10. Parliament is able to influence and scrutinize the national budget, through all stages (formulation, approval, execution, evaluation).

5. Parliament’s Security Oversight Capacity

1. Parliament is consulted in defence and security issues systematically and consistently.
2. The activity of every security agency is regulated by legislation debated and enacted by the Parliament.
3. The activity of every security agency is overseen by a parliamentary committee, no agency being exonerated from parliamentary oversight.
4. The committee responsible for defence and security issues disposes of adequate research, information, staff and other facilities to support for effective performance.
5. The competent parliamentary committees organize frequently hearings on security matters.
6. The competent parliamentary committes approve the budget for each security agency and monitor the execution of the budget by the respective agency.
7. Parliament has the right to request the Supreme Audit institution to start and audit or an investigation on security budget execution.
8. Parliament may ask information, investigate and eventually have a say on important defence procurement contracts.
9. Competent parliamentary committees have the right to visit troops, military premises, and security sector agencies offices.
10. MPs have legal access to secret information necessary to perform their oversight function, and the government is providing them with secret information.

6. Parliament’s Accountability and Visibility

1. Parliamentary procedures allow for plenary and committee meetings which are open to media and the public.
2. Journalists are free from restrictions on reporting on parliament and the activities of its members.
3. Plenary and committee minutes are published in a timely manner.
4. Records of voting on important parliamentary decisions or legislation are published in a timely manner.
5. Parliamentary committees often hold public hearings of Ministers and other executive officials.
6. Parliamentary debates are frequently broadcast live on television or radio.
7. The electoral system effectively ensures the accountability of Parliament, individually and collectively, to the electorate.
8. Citizens have immediate access to enforced legislation, through a variety of channels (internet, official journal, mass media, MPs circumsription offices, public libraries).
9. Citizens have adequate opportunities to express their views and concerns directly to their representatives, regardless of party affiliation.
10. Public expectations about the role to be played by Parliament are fulfilled.