The Regional Deputies PDF Print

The 45 deputies of the Regional Assembly, as representatives and in order to protect the duties of the Chamber, enjoy some rights and guarantees covered in the Estatuto del Diputado (Statute for Members) pursuant to section 25 of the Statute of Autonomy. Moreover, they are developed in Part II of the Regional Assembly Regulations (section 10 to 26).

These are the essential aspects of the aforementioned statute:

  • Regional deputies are not subject to compelling instructions. This recognises their absolute freedom to act and their seats in the Chamber. They cannot be revoked until the legislature for which they were elected is finished. They can only resign under the circumstances enshrined in section 12 of the Chamber Regulations.
  • The principles on parliamentary inviolability and immunity, seeking to ensure the institution's freedom and independence. Inviolability ensures members enjoy full freedom of expression in the exercise of their duties, with no legal responsibility with regards to their votes and opinions while performing their duties. This irresponsibility is permanent, even if the member has finished his or her parliamentary mandate. Immunity protects parliamentarians in the sense that their activity cannot be interfered with. By virtue of the latter, they shall not be arrested by suspected criminal acts committed in the territory of the region, but in such cases, while the High Court of Justice decides on his or her indictment, procedure and judgment. Outside the region, the criminal responsibility will be demanded under the same circumstances before the Criminal High Court.
  • The deputies' right to participate in the parliamentary bodies and work, and to obtain information on the public authorities in order to develop their functions and duties. All this must be done according to the terms established in the regulations.

 Achieving, suspending and terminating the position of regional deputy

 The elected member achieves the status of deputy by means of compliance with the following requirements:

  • Presenting the documents proving that he or she has been an elected candidate.
  • Completing the activities declaration for the purposes of the examination of incompatibilities specified in section 19 of the Chamber Regulations.
  • Promising, at the first session of the Plenary, to comply with the constitution and the Statute of Autonomy.

 Pursuant to section 11 of the Regulations, the suspension of the position of deputy will take place whenever a final judicial decision entails so; and under no circumstances will this be imposed as a disciplinary measure. Furthermore, this will not mean the suspension of his or her rights and privileges, although he or she may be subject to the temporary exclusion from the parliamentary work. Also, they will be subject to the penalties that may be imposed by the breach of his or her duties in accordance with sections 23 to 26 of the Regulations.

The termination of the position of deputy is established in section 12 of the Regulations under the following causes:

  • A final judicial decision entailing so
  • Death
  • Termination of the term of office by expiration of the term or dissolution of the Regional Assembly, without prejudice to the extension corresponding to the members and alternate members of the Permanent Deputation.
  • Express resignation written by him or her before the Table.
  • Express resignation in the event that he or she does not exercise the corresponding position between the seat and the charge by incompatibility declared by both of them.

 Regional deputies' rights and duties

 The Chamber Regulations lists the deputies' rights under section 13 to 15. These are the most relevant:

  • Attend sessions
  • Belong to at least one Committee
  • Take the floor during sessions
  • Initiate parliamentary work and collaborate in it.
  • Express his or her own criterion by means of voting
  • Obtain, by means of the corresponding request to the public authorities, the necessary information to develop his or her functions according to the established terms.
  • Receive sufficient economic founding

 

Chapter IV (sections 17 to 20) of the Regulations gathers the regional deputies' duties, the following being the most important:

 

-Attend sessions

-Comply with the Chamber's work within the terms established in the regulations

-Respect the courtesy norms during the development of parliamentary work

-Consider the duties in accordance with the incompatibilities regime and the activities, benefits and interests declaration.
 
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