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Aims
The Inter-Parliamentary Union whose international Statute is outlined in a Headquarters
Agreement drawn up with the Swiss federal authorities, is the only world-wide organization
of Parliaments.
The aim of the Inter-Parliamentary Union is to promote personal contacts between mem-
bers of all Parliaments and to unite them in common action to secure and maintain the full
participation of their respective States in the firm establishment and development of repre-
sentative institutions and in the advancement of the work of international peach and co-
operation, particularly by supporting the objectives of the United Nations.
In pursuance of this objective, the Union makes known its views on all international
problems suitable for settlement by parliamentary action and puts forward suggestions for the
development of parliamentary assemblies so as to improve the working of those institutions
and increase their prestige.
Structure
The organs of the Union are:
1. The Inter-Parliamentary Conference which meets twice a year.
2. The Inter-Parliamentary Council, composed of two members from each affiliated Group.
President: Sir Michael Marshall (United Kingdom).
3. The Executive Committee, composed of twelve members elected by the Conference, as well
as of the Council President acting as ex officio President. At present, it has the following
composition:
President: Sir Michael Marshall (United Kingdom)
Members: M. Arguello Morales (Nicaragua); M. Darusman (Indonesia); I. Eskenazi (Bul-
garia); M. J. Essaid (Morocco); L. Fischer (Germany); L. Fonka Shang (Cameroon);
J. Komiyama (Japan); L. McLeay (Australia); H. Megahed (Egypt); S. Paez Verdugo
(Chile); G. L. Papp (Hungary); Y. Tavernier (France).
4. Secretarial of the Union, which is the international secretariat of the Organization, the
headquarters being located at: Place du Petit-Saconnex, Case Postale 438, 1211 Geneva,
Switzerland.
Secretary general: Mr. Pierre Cornillon.
Official publication
The Union's official organ is the Inter-Parliamentary Bulletin, which appears quarterly in
both English and French. This publication is indispensable in keeping posted on the activities
of the Organization. Subscription can be placed with the Union's Secretariat in Geneva.
Constitutional
and Parliamentary
Information
Association of Secretaries General
of Parliaments
3rd Series - No. 163 11st Half-year -1992
First Series - Forty-second year
Contents
After the election, the historical First Supreme People's Assembly met in
Pyongyang from September 2 to 10, 1948.
In the meeting the constitution was adopted, a government formed and
the founding of the Democratic People's Republic of Korea proclaimed on
September 9.
The Korean people celebrate September 9 annually as their national day.
Since liberation up to now the election of deputies of the SPA has been
held 9 times.
The legal status, composition, authority and obligations that the SPA
holds within the institutional system of the State are defined by the Constitu-
tion, the basic law of the State.
The Supreme People's Assembly is the highest organ of State power of
the Democratic People's Republic of Korea (Articles 73-84 of the Socialist
Constitution).
The SPA is the supreme representative organ formed through an election
conducted of the free will of the entire Korean people.
The SPA assumes the highest position in the system of power organ, the
pivotal core of the State's institutional system and exercises the supreme
power of the State.
The SPA is composed of the deputies elected by secret ballot on the prin-
ciple of universal, equal and direct suffrage.
This electoral principle is equally applied to election of deputies to local
power organs such as provincial, city and county People's Assemblies.
The principle of universal suffrage guarantees all the citizens over the age
of 17 to have the right to elect or to be elected, irrespective of sex, race,
occupation, duration of residence, property status, education, party affiliation,
political inclination and religious belief.
Only those who are disenfranchized by verdict of a court and insane
persons have no right to elect or to be elected.
All the citizens elect deputies to the Supreme People's Assembly on the
principle of equality.
A voter can be registered only once in a voters' list and have only one
ballot to cast. And an equal number of deputies are elected in every consti-
tuency set up with an equal number of population.
The Parliamentary System of the Democratic People's Republic of Korea
The SPA has so far adopted on the basis of the legislative principles of
the Constitution the Socialist Labour Law, the Land Law, the Law on Public
Health, the Law on the Nursing and Upbringing of Children, the Law on
Environmental Protection, the Criminal Law, the Civil Law, the Family Law
and other sectional laws and legal documents on regulations.
The SPA adopted the laws on the total elimination of tax in kind and
taxation which is the remnant of the outdated society.
As the result a tax system has long disappeared in the DPRK.
The SPA also adopted a law on enactment of the universal free education
and the 11-year compulsory education. Thus in the DPRK all children of pre-
school age are brought up at the expense of the State and the society and free
compulsory education is in enforcement for rising generation until their
working ages.
University and college students receive scholarship from the State.
The SPA enacted a law on enforcement of the perfect and universal free
medical care and ^Efeted the Law on Public Health, the Law on the Nursing
and Upbringing oftaftldren and the Law on Environmental Protection. Thus
people in the DPWpget free medical treatment with not a penny paid to a
hospital thanks to fife free medical service system and are provided with
favourable environmental and life surroundings.
Therefore the average age of the population has risen to 74.3, which is a
36-year increase over that of the pro-liberation days.
Besides, in the SPA, the problems on budget, national reunification, inter-
national affairs and other basic principles of the State's domestic and foreign
policies were debated and relevant laws and decisions were adopted.
The legislative^ activities of the SPA proceed in four stages; namely,
submission of bifM1, deliberation, adoption and proclamation.
Bills are submitted by the President of the Republic, the Central People's
Committee, the Standing Committee of the SPA, the Administration Council
and all the deputies to the SPA.
Bills are approved by show of hands.
A constitution should be approved by more than two thirds of all depu-
ties, whereas other ordinances and decisions of the SPA should be approved
by more than a half of all deputies present at the meeting.
The Parliamentary System of the Democratic People's Republic of Korea
The SPA is also empowered with an authority to form central State insti-
tutions.
At the first session of each SPA, the President of the DPRK is elected in
accordance with the general will of the entire people, and on his recommen-
dation Vice-Presidents and the First Vice-Chairman, the Vice-Chairmen and
Members of the National Defence Commission are elected, the Secretary
General and members of the Central People's Committee, the Secretary
General and members of the Standing Committee of the SPA and the Presi-
dent of the Central Court are elected or transferred, and the Public Prosecutor
General is appointed or removed.
And the members of the Committees of the SPA and the Premier of the
Administration Council are elected here in this session.
All these institutions are accountable to the SPA for their work.
The SPA holds regular and extraordinary sessions to collectively discuss
and solve problems falling within its competence as prescribed by the Consti-
tution.
Session is a major form of the activities of the SPA. Regular sessions are
convened once or twice a year by the Standing Committee of the SPA and
extraordinary sessions are convened when the Standing Committee of the
SPA deems these necessary, or at the request of a minimum of one-third of
the total number of deputies.
The SPA requires a quorum of more than a half the total number of
deputies to meet.
The first session of the SPA elects its Chairman and Vice-Chairmen. And
their term of office is the same as that of the SPA. The elected Chairman and
Vice-Chairmen preside over the sessions.
Laws which the SPA adopts have the supreme legal effect.
The SPA is empowered to appoint committees as its assistant bodies
when it decide that they are necessary for the success of its activities.
The existing assistant committees to the SPA are the Credentials
Committee, the Bills Committee, the Budget Committees, the Foreign Affairs
Committee, the Reunification Policies Committee, whose members are
elected among deputies according to the size of membership decided upon by
the SPA, and which are composed of a Chairman, Vice-Chairmen and
members.
Constitutional and Parliamentary Information
10
The Committees of the SPA debate on draft laws and budget plans prior
to deliberation by the SPA and submit their recommendations to it.
However they can neither initiate legislative activities nor adopt decisions
of any legal validity independently.
The Committees of the SPA are accountable for their activities to the
SPA and to its Standing Committee when the SPA is not in session.
The basic duties of the Committees of the SPA are as follows:
The President promulgates the laws and ordinances of the SPA, the
decrees of the Central People's Committee and decisions of the Standing
Committee of the SPA and issues edicts.
And he ratifies or abrogates treaties concluded with other countries and
receives the credentials and letters of recall of foreign diplomatic representa-
tives.
The system of President, as stipulated in the Socialist Constitution, is a
political leadership system that makes it possible to realize the leadership on
the State affairs and organs through the Central People's Committee, the
highest standing leadership organ of the State power during the adjourn of
the SPA.
Another power organ is the Central People's Committee (Articles 100-
106 of the Socialist Constitution).
The CPC is the highest leadership organ of the State power.
The head of the CPC is the President.
As the highest standing leadership organ of the State power in the inter-
vals between sessions of the SPA, the CPC directs and supervises the work
and activities of the State organs.
The CPC consists of the President, Vice-Presidents, the Secretary General
and members and is accountable to the Supreme People's Assembly.
The term of office of the CPC is the same as that of the SPA.
As the highest collective leadership organ that realizes the State power,
the CPC convenes its meetings, if necessary, and discusses and decides on
raised issues and thus materializes a permanent guidance on the overall State
affairs.
In conformity with its position and nature within the system of State
organs, the CPC establishes the domestic and foreign policies of the State
and directs the work of the central administrative executive organs, local
power organs and judicial and procuratorial organs.
The CPC also supervises the enforcement of the State laws. Besides, the
CPC carries out the important duties of forming executive bodies of the
Administration Council, appointing representatives plenipotentiary, conferring
State decorations and altering administrative districts.
The CPC adopts decrees and decisions and issues directives, which are
important legal forms for the realization of its own duties and authorities.
The Parliamentary System of the Democratic Peqpje_'s Republic of Korea
1?
The CPC may establish different commissions that will help it in its
work.
Next, there are local power organs such as the provincial, city and county
People's Assemblies and People's Committees (Articles 115-127 of the
Socialist Constitution).
In the system of administrative organs, there is the Administration
Council in the centre (Articles 107-114 of the Socialist Constitution).
The Administration Council, as the administrative and executive body of
the highest power organ, is the central administration organ that organizes
and directs the overall State affaire administratively across the country.
The Administration Council consists of the Premier, who is elected by
the Supreme People's Assembly on the recommendation of the President of
the Republic, Vice-Premiers, Chairmen of Commissions and Ministers who
are appointed by the CPC on the recommendation of the Premier, and other
members who may be required.
As the central administration organ, the Administration Council directs
the work of the departmental executive organs such as commissions and
ministries, the organs under its direct authority and the local administrative
organs. It also drafts the plans for the development of the national economy,
compiles the State budget and takes measures to implement and execute it.
Meanwhile, it adopts measures for the work of industry, agriculture,
domestic and foreign trade, construction, transport, communication, land
administration, municipal administration, science, education, culture, health
service, and so on, and takes steps to maintain public order, protect the inter-
ests of the State and safeguard the rights of citizens.
The Administration Council concludes treaties with foreign countries and
conducts external affairs, too.
In order to do its duties stipulated in the Socialist Constitution, the
Administration Council convenes meetings.
There are two kinds of meetings of the Administration Council; one is
the Plenary Meetings consisting of all members of the Administration
Council and the other is the meetings of the Standing Committee of the
Administration Council that consists of the Premier, Vice-Premiers and other
members of the Administration Council appointed by the Premier.
The Administration Council adopts decisions and issues directives.
Constitutional and Parliamentary Information
16
candidates could be nominated by anyone, it was the practice for all candi-
dates to be nominated by the parties. These nominations were examined by
the United Reunification Front and then by the Central Electoral Committee,
which allocated candidates to seats. The candidate in each seat was then
considered by the electors in meetings at the workplace or similar, and on
election day the electors could then indicate approval or disapproval of the
candidate on the ballot paper.
In response to Dr. ALZUBI (Jordan), Mr. LI explained that the Secretary
General of the Standing Committee of the SPA was the head of the Secreta-
riat and responsible for all its work (as well as being a member of the
Committee).
Mr. LI indicated in reply to Mr. DA VIES (UK) that each session of the
SPA (of which there were 1 ,or 2 regular sessions and occasional extra-
ordinary sessions each year) were short-not more than 5 days-but that this
was made possibly by the work of the Standing Committee which met all
year round.
Mr. MARRA (Italy) asked how the agenda for the SPA and the Standing
Committee was set, and what the Standing Committee could decide without
reference to the SPA. Mr. LI replied that items could be raised by the Presi-
dent, the Central People's Committee, the Standing Committee, the Adminis-
tration Council, or by Members. The Standing Committee decided the final
texts of bills before referring them to the SPA, election issues, and matters
such as foreign delegations.
Mr. TRAVERSA (Italy) asked about the terms of appointment of the
Secretary General and, with Mr. JACOBSON (Israel), about Article 75 of the
Constitution which allowed for the postponement of elections in unavoidable
circumstances. Mr. LI replied that, as Deputy Secretary General, he was
appointed by the Standing Committee and had held office for ten years. As
for postponement of election, the provision was intended to cover the even-
tuality of war, as had occurred between the first and second elections in 1949
and 1957.
Mr. CASTIGLIA (Italy) asked whether any organs existed which could
adjudge laws to be invalid and unconstitutional. Mr. LI replied that the
Central People's Committee could do this, as had occurred in respect of
certain articles of certain laws. Mr. NDIAYE (Senegal) sought further clarifi-
cation on the point about conflicts between the Central People's Committee
and the SPA, and about dissolution of the SPA. Mr. LI indicated that the
CPC was the most powerful State organ and that it could dismiss vice-
premiers (although only the SPA could dismiss the premier, with the assent
The Parliamentary System of the Democratic People's Republic of Korea
19
of the President). The SPA had never been dissolved before expiry of its
term.
In response to queries from Mr. MBOZO'O (Cameroun) about the status
of the Secretaries General and of the United Reunification Front, Mr. LI
stated that while the Secretary General was a Member of the SPA the Deputy
Secretary General was an official, and that the United Reunification Front,
which brought together all major political parties and organisations, had no
constitutional status.
Mr. SWEETMAN (United Kingdom) asked about the relationship
between the CPC, the Administration Council, and the Standing Committee
and about the location of the power of initiative. Mr. LI reported that there
was no overlap of membership between the three bodies.
Mr. ORBAN (Belgium) asked about the activities and role of committees
between sessions. Mr. LI replied that the four committees were able to meet
both during and outside sessions of the SPA and that in the latter case they
might consider bills referred to them by the Standing Committee.
Mr. DAVIES (United Kingdom) asked about revenue raising in the
DPRK, in the absence of taxation as a source. Mr. LI replied that the main
source of income was the proceeds of socialist industry.
In response to an invitation from Mr. CHARPIN (France), Mr. LI clar-
ified that part of his speech about the improvement in the life expectancy of
citizens of the DPRK, which was now 74.
Mr. BOSTEELS (Belgium) asked how many Bills which had been
proposed by individual members were adopted. Mr. LI reported that such
Bills, if considered worthy for further consideration, were scrutinized by the
SPA in the normal way.
The PRESIDENT thanked Mr. LI for his address and for his answers,
noting that further questions could be posed the following morning during the
visit to the Mansudae Palace.
Constitutional and Parliamentary Information
20
Annex
Mr. GORAYA (Pakistan) asked about the procedures available for such
matters as questions, privilege or adjournment motions. Mr. LI indicated that
procedures existed for putting questions to Ministers, both during and outside
sessions.
Mr. DA VIES (United Kingdom) asked whether the other facilities necess-
ary for a Parliament, such as the Library and refreshment facilities, were also
located in the Mansudae Palace. Mr. LI replied that the Library was located
in the Standing Committee's building nearby the Palace, and that during
sessions refreshment facilities were available in the Palace.
Dato WAN ZAHIR (Malaysia) sought further information on the work of
the Standing Committee. Mr. LI answered that the Standing Committee acted
like a smaller Parliament, during recesses. It examined Bills and referred
them to Committees of the SPA. It also oversaw international activities, such
as delegations, on behalf of the SPA, and electoral matters, as well as
making the preparations for the SPA sessions themselves. Obviously most
decisions were taken by the Standing Committee rather than the SPA.
Mr. TRAVERSA (Italy), Mr. CHARPIN (France) and Mr. NDIAYE
(Senegal) all asked about the number of staff employed for the Palace and
the Parliament. Mr. LI said that there were about 100 staff responsible for
maintenance etc. for the Palace, and there were about 50 staff in the secreta-
riat for the more senior administrative jobs relating to Bills and work for
Members, in addition to other staff responsible for international work. Staff
were nominated by the secretariat and approved by the Standing Committee.
Mr. ORBAN (Belgium) and Mr. HADJIOANNOU (Cyprus) (President of
the Association) asked about salaries for members of the SPA and the Stand-
ing Committee. Mr. LI replied that Members were not paid, except for
expenses, and that they all had other jobs. The Chairman, Vice-Chairman and
Secretary General of the Standing Committee received salaries.
Mr. NDIAYE (Senegal) asked about incompatibilities between holding
ministerial office and status as a Member. Mr. LI replied that Ministers could
also be Members of the SPA. Members of the Standing Committee served for
four years at a time.
The Parliamentary System of the Democratic People's Republic of Korea
21
Introduction
Shared jurisdictions
3. The subject of areas of overlap and conflict between Parliament and
the courts deals with the relations which exist between the Legislature and
the Judiciary in the application of laws and regulations.
4. In a democratic system with the separation of powers (to a greater or
lesser extent) the overlap of jurisdictions or a conflict in a particular case
should not logically damage relations between the different institutions.
5. In Senegal, Article 56 of the Constitution sets out the respective
powers of the Executive and the Legislature. Article 80 stipulates that the
Judiciary is independent of both the Executive and the Legislature.
6. The respective powers of parliament and the courts are as follows:
Parliament
7. Parliament has the power to pass general rules whose application is
mandatory and which are called laws.
8. The right of introducing the proposed laws is often shared with the
Government which is also responsible for implementing laws, subject to
some procedure for challenging the constitutionality of laws.
The Judiciary
9. The judicial power comprises a number of jurisdictions under the
overall authority of .the Supreme Court. Thus in Senegal there is a single
jurisdiction.
10. In this way the judge, when carrying out his duties, is not subject to
any authority other than the law itself; he gives his considered judgements as
an expression of legal truth which has a binding effect on all public author-
ities and private individuals. The judiciary is the official interpreter of legal
rules. Some writers state that when the Constitution, the law and regulations
are silent on the law that applies in a particular case, judges should refer to
general principles of law to fill the gap.
11. A definition of the role of the two institutions shows basically that
the Parliament is concerned with monitoring the activities of Government,
while the Judiciary controls the application of the laws voted by Parliament.
Constitutional and Parliamentary Information
24
It is easy to understand that there is some interference between the two since
almost everywhere this rigid distinction does not work in practice.
12. Thus the overlapping jurisdictions between Parliament and the courts
can be seen in practice in the way committees of inquiry are created by a
parliamentary resolution.
Committees of Inquiry
Questions 1 to 2
Questions 3 to 4
Questions 5 and 6
(5) What is the judicial structure for judging breaches of the law
committed by members of the Government (Head of State, Ministers etc.) in
the exercise of their duties?
(6) Does the law give this legal structure competence over political
matters (e.g. proceedings in Parliament)?
27. In all political systems there is usually some procedure for calling to
account high officers of state (President of the Republic, members of the
Government) for offences committed in the course of their duties.
28. This is usually a special jurisdiction and the powers and composition
of the committee reflect the political judgement they are set up to reach.
29. In Senegal this body is called the High Court of Justice under Ar-
ticle 85 of the Constitution.
30. It is set up by a law which prescribes its composition: seven titular
judges (of which one is a professional judge and six are Members of Parlia-
ment) and seven substitutes elected by the National Assembly. The judge
takes the Chair. The public interest is presented by the Law Officer, assisted
by an Attorney General.
31. The procedure is as follows:
(a) The charge
The charge is laid by Parliament. Judges of the High Court of Justice
take no part in the original vote and are not counted in the absolute
majority required.
(b) Preliminary investigation and referral
The investigation committee is chaired by a judge. It invites the accused
to prepare his defence with the assistance of someone of his choice. The
decisions of the investigation committee are not subject to any appeal.
(c) Consideration and judgement
The discussion is public but the High Court can decide to sit behind
closed doors. The decisions of the Court are not subject to appeal or any
other form of review.
Conflicts between Parliaments and the Courts
27
32. The replies from other Parliaments show that where such a structure
exists it operates in a similar way to the normal judicial process. It cannot: be
otherwise in some Parliaments since the procedure is directed by a profes-
sional lawyer and often a judge (France, Senegal, Cameroon, Egypt, Belgium
emphasise this point).
33. In other countries it is the Parliament which refers the case to an
existing court (the Supreme Court or the Court of Appeal: Belgium,
Denmark, German (Bundestag), Philippines). In this latter case it is difficult
to refer to an overlap of jurisdiction between Parliament and the courts
because the action of Parliament is very limited in that the court has jurisdic-
tion to deal with such matters.
34. In other places there is no such structure and Ministers and Heads of
State are, if they commit offences, liable to appear in the ordinary courts
(Australia, New Zealand, United Kingdom) or in the latter case matters can
be referred before the European Court of Justice or the European Court of
Human Rights.
35. With regard to the question about the powers given to the court,
many Parliaments have said that this does not apply but others have
confirmed either judicial power or a combined political and judicial power.
Conflicts
Questions 1 to 2
procedure of higher authority than other law. In almost all countries this
constitution is written and is known as the Constitution.
37. The United Kingdom is the only country, in those that have replied,
which does not have a written constitution. Otherwise the Constitution is
always cited as the most important of the different legal instruments in force
in each country. It is followed by :
Organic law (France, Senegal, Rwanda)
Other statute law
Other Orders of State
38. There are also Special Acts (Denmark) and international treaties
which rank after the Constitution. In Cyprus, two treaties have a special
position in that they form part of the Constitution.
Questions 3, 4, 5, 6
(3) Have there been any challenges to a law when the Constitution or
Supreme Charter provides no system under which the constitutionality can be
judged?
(4) In these circumstances how are the respective roles of the legislator
and judge defined?
(5) What is the nature of the decision taken by the judge?
(6) Is there no conflict between the legislator and the judge? Please give
one or two examples.
39. In many countries there is some system for checking the constitution-
ality of laws - that is to say ensuring that a particular law complies with the
Constitution. These take different forms in different countries.
40. There are two constitutional techniques according to M. Zouankeu,
Professor of Constitutional Law in Senegal, for carrying out this constitu-
tional check.
41. The first technique is called "constitutional guarantee" and arises
when the Constitution itself creates liberties and provides itself for how they
are to be exercised and the way in which they should be protected by the
legislator.
Conflicts between Parliaments and the Courts
29
42. In these cases the Constitution itself provides a model which laws
passed by Parliament must follow. Those affected have rights of appeal to the
judiciary (Supreme Court) to have a law annulled if it infringes those liber-
ties or breaches the responsibilities of the State. The judge to whom the case
is referred has the task of comparing the law with the model law provided in
the Constitution and reaching a decision on it.
43. The second technique, which is more widely used as for instance in
Senegal, is known as "legislative and regulatory".
44. In this case the Constitution confines itself to creating liberties and
leaves to the legislator the power to implement them. Thus one often finds
constitutional formulas which announce, for example, that a certain liberty
exists in accordance with the conditions laid down by law.
45. This is to say that the principle provided for by the Constitution
should be fulfilled by practical arrangements made by law or regulations.
46. This latter arrangement does not give the judge any reference point
for deciding the constitutionality of a law. This is a matter for the legislator
to decide. For example, the Constitution provides that a vote should be
secret but does not say exactly what constitutes a secret ballot in that diffe-
rent procedures could be used for a secret vote (and the polling booth is
only one of them) or equally a constitution can assert that all citizens are
equal before the law without specifying what equality is involved; this
could mean mathematical equality or some form of proportionality among
the people affected.
47. In all these cases the Constitution creates liberties but leaves it to
Deputies to decide how they are put into practice. These Deputies are there-
fore the co-authors of the liberties and exercise, when they pass legislation,
the sovereign competence which cannot be challenged before a judge.
48. In such a system, if the judge is hearing an appeal against a law, he
cannot really be said to be acting as a judge, because he is taking a political
decision.
49. However, all Parliaments were unanimous in stating that this could
not really be said to constitute a conflict between the legislator and the judge.
This is because the latter is subject to the authority of the law (which is
based on the presumption of the consent of those governed). This gives him a
privileged position and a different judicial authority from others under the
rule of law. In these conditions the judge has to apply the law.
Constitutional and Parliamentary Information
30
Questions 7, 8 and 9
(7) Are there in your judicial system what could be called general princi-
ples of law?
(8) In what circumstances does the judge refer to such general prin-
ciples?
(9) What is the relationship of them in relation to ordinary statute law?
50. In almost all countries general principles of law play a role in their
legal system.
51. It is generally thought that the judge does have a power, in the
absence of relevant law, to create general principles of law.
52. In Belgium, Canada, Cyprus and Italy, general principles of law have
a background role and the judge can refer to them when the law is silent in
particular areas. This is the case in most countries.
53. However the position of general principles of law varies in relation to
ordinary law and to jurisprudence.
54. Thus in France the general principles of law have the same value as
ordinary law.
55. The general principle of law is superior to the law and governs its
interpretation in Cameroon, Cape Verde, Germany (Bundestag) and the
Philippines.
56. The general principles of the law have a status below the law passed
by Parliament in Denmark, Egypt, Rwanda, Zaire and the United Kingdom.
(10) Are the provisions for checking the constitutionality of laws confined
to possible violations by legislators only of rules relating to political institu-
tions, or does it extend to rights guaranteed to citizens?
(11) Have there been any occasions on which a judge has annulled the
law passed by the legislature?
(12) If a conflict arises, is there any example of it having been referred
to arbitration?
Conflicts between Parliaments and the Courts
31
Conclusion
Training
Career
It would be worth knowing if some staff are able to follow a career
exclusively in the Assembly. If so it would be interesting to know which
categories of staff actually do this.
In the Cameroon the National Assembly has its own civil service which
comprises different groups of staff (administrators, documents staff, trans-
lators and interpreters, typists etc.). There are also other categories of
personnel: non-established civil servants on contracts and senior policy/deci-
sion-makers.
It is possible for people to pursue their careers exclusively in the National
Assembly. Since the Parliament is relatively young it is difficult to say
exactly what percentage of staff are committed to a career there. This is
particularly the case since the first group of staff came originally from the
Government civil service. Most of the staff recruited directly by the
Assembly are still there and have not yet reached retiring age. There have not
been many cases of people resigning. Most of those who have left were
people wanting to go and work in other parts of the public or semi-public
sector.
What happens to staff who retire from working for Parliaments and to the
staff of Parliaments which have been dissolved? There is a pension fund for
parliamentary staff in Cameroon. The staff are entitled to a pension linked to
the level of their salary while working.
On the other hand there does not seem to be any provision for staff if
Parliament is dissolved. It would be interesting to know what is the exper-
ience of other Parliaments on this matter.
Constitutional and Parliamentary Information
34
For those who work solely for the Assembly, their career tends to reach a
plateau very quickly, given the limited number of senior posts compared with
other branches of the state. It would be useful to study the ways and means
of avoiding such plateaux.
Mobility
Mobility of staff between different services within the Parliament seems
to be one way of avoiding work becoming too routine and morale dropping
among parliamentary staff.
In Cameroon some categories of staff can be moved between different
services. Administrative grade staff, for example, can be posted to most
services except for those requiring some purely technical skills (typing, trans-
lation etc.). It is equally the case that some linguistic staff can, in addition to
their linguistic duties, be given certain responsibilities for editing and other
work given their bilingual ability.
Staff mobility is one way of giving a fairer distribution of rewards given
that staff in some services may be at an advantage compared with those in
others.
Such mobility, with .inter-changeability of posts and general all-round
ability of staff also enable a Parliament to get the best use of its human
resources and economise within the limits of staff employed. To ensure this
general all-round ability however it is essential to have high calibre staff who
are prepared to undertake work other than their principal tasks. It is important
not to move staff just for the sake of it or to do so without great care. Other-
wise some staff will be given tasks for which they are not prepared (either by
the general level of their education even or by their training even at work).
Other Matters
Other points to be considered include how the categories of staff are
developing. Have new categories of staff such as computer staff been intro-
duced? Are some services provided from outside the parliamentary staff?
The National Assembly makes use of some external services in, for
instance, Cameroon's Embassies in foreign countries such as France and the
UK which are the main transit points for parliamentary delegations going
abroad for conferences or friendship visits. These services provide not only
Management of Parliamentary Staff: training, career and mobility
35
transport but also deal with all financial matters relating to the health of
Members of Parliament and parliamentary staff.
We could also consider the practical steps which can be taken to encour-
age staff and to induce in them the necessary discipline to promote greater
productivity while still seeking greater social justice.
It is desirable that there should be exchanges of staff between Parliaments
to enable individuals to gain experience of other Parliaments and broaden
their horizons. This should contribute to greater efficiency and output.
These are therefore the matters I suggest for our topical discussion on
parliamentary staff.
The training policy offered bonuses and promotions for staff who under-
took training. Most recruitment was based on examination of papers
submitted. He was interested to know what was the training policy in other
countries and whether people were recruited by open selection.
The basic corps of officials recruited at the time the parliamentary service
was established were still in place, though they had been recruited from the
Government service at the time of independence. Increasingly these people
were retiring. There had been few cases of resignation. Most staff had
applied to come and work in the National Assembly and it was rare for them
to try and leave. For those who reached retirement age there was a pension
scheme. On the other hand there was no provision for what would happen to
staff of the Assembly if it was dissolved or suspended. Promotion prospects
were limited since careers reached a plateau very quickly.
Staff mobility was important because there was a danger that routine and
low morale would affect work performance. Some categories of staff could
effectively move from one parliamentary service to another. This was particu-
larly the case for administrators/clerks. On the other hand other staff had
little opportunity to change job, given the technical character of their task. It
was therefore essential to try and interest certain members of staff by creat-
ing greater opportunities for mobility and at the same time steps could be
taken to improve the material position of staff. There were still certain
inequalities in the Assembly with staff such as those from the Finance
Division enjoying some financial advantages.
was voluntary training which covered all aspects of training for particular
functions.
Professional training, learning different tasks and training by new techno-
logy would play an increasingly important role in the administration at the
Chamber of Deputies. It should be apparent that this training activity took
place in general after recruitment. The possibility of training before appoint-
ment was not excluded. Thus a training school had been established for
parliamentary shorthand writers which has trained many graduates and
university students who had passed the open competition when employed as
administrator/shorthand writers. The Parliament also gave financial assistance
to independent cultural organisations which organise specialist courses for
young graduates on matters of parliamentary interest.
In conclusion it should be emphasised that there is great institutional
value in the parliamentary institution being autonomous organisations, an
autonomy that is guaranteed by the Constitution."
Mr. QURESHI (Pakistan) said that his country had a bicameral Parlia-
ment with the National Assembly and the Senate as in Australia, Canada and
other Commonwealth countries. Article 75 of the Constitution provided that
the parliamentary services were completely independent of the Government
Civil Service. The secretariat in each Chamber was headed by a Secretary
General, appointed by the Speaker. Although each Chamber was responsible
for its own secretariat, the structure was similar to that of the Civil Service,
except for the fact that parliamentary officials could not be transferred to
other offices without the agreement of the Speaker. Since 1985 particular
attention had been paid to the training, role and image of Parliament among
national institutions.
Since the appointment of Miss Bhutto as Prime Minister in 1988 greater
attention had been paid to building up the parliamentary service and necess-
ary resources and a detailed programme of exchanges with other countries
had been instituted. Much advice and assistance had been received from other
Commonwealth countries on the legislative procedure and on improving the
training of library staff. Members of Parliament were generally well disposed
to greater use of information technology. Staff had security of employment
and possibilities of promotion to high levels. If either Chamber was dissolved
the parliamentary staff kept their jobs. Staff whose work was no longer
needed in Parliament were re-employed in other Government departments
and this is particularly what happened when there was a dissolution. Other
parliamentary officials stayed in post and provided minimal services and
prepared for the resumption of parliamentary activity.
Management of Parliamentary Staff: training, career and mobility
41
tely by the election of a new Assembly so, for the staff, there were only
short holidays.
Mr. MBARY (Central African Republic) said that in his country Parlia-
ment had been suspended in 1966 and had not met again for twenty years.
Some parliamentary staff had been re-employed in Govemement Departments
but junior staff, such as interpreters and drivers, had not been given other
jobs automatically. The parliamentary buildings, and particularly the library,
had been used for other purposes.
Mr. KIRBY enquired what was the position of Secretaries General who
were imprisoned for their parliamentary work. This was a matter which might
be raised with the IPU's Committee on the Human Rights of Parliamenta-
rians. He wondered what had happened in the past.
The PRESIDENT asked the English Joint Secretary to describe what
happened in the case of the Nigerian Parliament.
Mr. KENNON recalled that following the suspension of the Nigerian
Parliament the Executive Committee of the ASGP suggested to the IPU that
the mandate of the Committee on Human Rights Parliamentarians be
extended to include senior parliamentary officials. The Committee and the
International Secretariat of the IPU had not been willing to do this.
Mr. KIRBY said that this did not prevent the ASGP itself from exami-
ning cases of imprisoned Secretaries General.
Mr. MBOZO'O said that this was one aspect of the question of parlia-
mentary staff which he had not considered. He would take it into account in
drawing up a questionnaire. If prison was a possible destination at the end of
a career in Parliament this would not encourage recruitment of parliamentary
staff. This was essentially a political matter which perhaps ought to be
considered by the Executive Committee and discussed with the Inter-Parlia-
mentary Union.
Mr. LAUNDY (Canada) said there was no reason why the ASGP should
examine the human rights of Secretaries General in cases where Parliament
was suspended by a coup d'etat or military intervention. He felt it was within
the scope of Mr. Mbozo'o's subjects.
Mr. ILUNGA KABULU (Zaire) said that this raised an important
problem about the status of parliamentary staff. There was first the issue of
the relationship between the officials and Members and, secondly, the diffi-
cult situation in which both elected Members and officials were placed by a
coup d'e"tat. International organisations tended to intervene on behalf of
parliamentarians but not on behalf of parliamentary officials. Secretaries
Management of Parliamentary Staff: training, career and mobility
43
Mr. LIMON (United Kingdom) said there were two different issues under
consideration: first what could be done about Secretaries General who are
imprisoned. He hoped that the Executive Committee would examine the
matter, particularly if there were any urgent cases, and report at the next
session. Secondly, there was the question of the status of parliamentary staff
when Parliament was suspended. He would like to know what had happened
in the case of the Nigerian colleagues.
Mr. QURESHI (Pakistan) said that this was a very important subject and
that the Association should decide what action to take on the basis of a
report from the Executive Committee.
The PRESIDENT replied that the Executive Committee would discuss
this matter at the next session and report to the Association. On the subject
of Mr. Mbozo'o's topical discussion, he said that it appeared to him that
there was sufficient interest to justify a questionnaire being drawn up by
Mr. Mbozo'o on the management of parliamentary staff, their training, career
and mobility. This was agreed to.
The PRESIDENT thanked Mr. Mbozo'o for introducing the topical
discussion and for agreeing to draw up a questionnaire to be considered at
the next session.
the work and to ease their integration into their new milieu. The period varies
from one month (Austria) to three years (Germany).
Some Parliaments only employ this period for certain categories of
personnel. Thus in New Zealand it is only required for those who have never
before worked in the public service.
II. Careers
Some Parliaments employ other types of staff. For example in both the
Canadian and British Houses of Commons, and in the Australian Senate,
Denmark, the Spanish Senate; Jordan, British House of Lords and Cameroon
periodic, occasional and temporary staff are used.
Two Parliaments (Canadian House of Commons and Australian Senate)
indicated the use of part-time staff.
The Belgian House of Representatives and Senate have permanent staff
(who serve both during and outside sessions) and non-permanent staff (who
serve only during sessions). Both categories of staff are established. In addi-
tion, both houses employ temporary staff (as replacements) and occasional
staff (as extras).
Among the twenty-five Chambers or Parliaments which provided infor-
mation on the regulations governing these different types of staff, eighteen
replied that each type is subject to a separate set of regulations. New
Zealand, Peru, the Italian Senate, Denmark, Surinam, Sweden and Norway
indicated that all staff are governed by the same regulations. The Folketing is
seeking to harmonise its regulations as much as possible.
It should be noted that Zaire did not reply to the question about different
types of staff, while the Italian Senate and Chamber of Deputies described
the categorisation of personnel according to their function (administrators,
shorthand writers etc.).
In the Israeli Knesset, those on secondment may either retain their retire-
ment entitlements or transfer them to the new job. They are equally free to
freeze their retirement entitlements or take an equivalent lump sum payment.
The Italian Chamber of Deputies and Senate provide a grant in cases of
personal resignation.
, In the French National Assembly, an official on secondment loses his
salary but continues to acquire promotion and pension rights. His return to
the service is automatic after the period of secondment. Those on leave of
absence lose their salary and their promotion and pension rights. An official
elected to office is suspended from the service but continues to hold rights of
promotion and has a right of return to the service at the end of the term of
office. In the event of resignation, the official is either retired with a pension
or removed from the lists with a lump sum payment in place of accrued
pension rights.
The Canadian House of Commons, in cases of resignation, offers a lump
sum corresponding to the person's pension contributions, with interest, or a
sum based on the six highest paid years of service. Members of staff can
choose, if they have been in post for 10 years, to leave their rights in place
until they have reached retirement age. These provisions also apply in the
event of election to office, although such a person may also seek a leave of
absence to exercise his or her elective office. In the Danish Folketing, staff
can request release for a maximum period of three years.
The Spanish Senate provides an interesting case whereby the posts of
staff who have left for military service or for elective office are reserved till
their return. This period is counted towards seniority and retirement rights. In
cases of secondment to the Executive, staff may only return when there is a
vacancy.
In Egypt, grants and the compensatory measures are provided for except
in cases of dismissal for disciplinary reasons.
In the Australian House of Representatives, the position of a person
seconded to the Executive is unchanged so long as he remains in the same
public service. On the other hand, if a person leaves the public service,
grants are payable.
In Surinam, a retiring official must wait until the age of 60 before receiv-
ing retirement pension.
In Senegal, resignation involves payment in lieu of holidays. Redundancy
is compensated by a grant in respect of loss sustained if the responsibility
lies with the parliamentary administration.
Management of Parliamentary Staff: training, career and mobility
55
It is necessary first of all to establish what measures are taken for respon-
sibility for personnel during the suspension of the institution of Parliament
following a military coup or some other example of force majeure. Very few
Parliaments replied to this question, for the reason that no provision was
made for the matter in their rules. Only the French Senate replied to the
question in the sense that it was posed, referring to the situation which
prevailed from 1940-1945. On that occasion personnel were redeployed to
other administrative tasks.
All the other assemblies which replied to the question replied in respect
of constitutional dissolutions.
In the Belgian Senate, the staff are put on part-time, enjoy their full
salary and maintain their promotion rights.
In the Canadian House of Commons, the staff are not affected. Personnel
seconded to the staff of Members of Parliament who lose their seats maintain
their positions for 60 days, following which they receive grants as if they had
retired or resigned.
In Egypt, if the People's Assembly is dissolved, the President of the
Council of Shoura becomes responsible for all the administrative and finan-
cial affairs of Parliament. If both Houses are dissolved, then these responsibi-
lities revert to the Prime Minister.
Management of Parliamentary Staff: training, career and mobility
57
III. Mobility
In respect of the material benefits accruing to staff who are given tasks
which are not normally theirs, most Parliaments provide for financial incen-
tives. Such staff normally enjoy extra grants or supplements if their new
Constitutional and Parliamentary Information
60
Two Parliaments (Zaire and Surinam) did not reply to this question.
Of those which replied, only two (Japan; Cyprus) reported that they do
not use services remunerated on a fee basis. The French Senate makes excep-
tional appointments for stenographers for the official report. The National
Assembly, although no specific provision is made for such appointments,
employs teachers in connection with professional training courses.
The others employ persons on this basis to a greater or lesser extent.
Usually they are consultants of technical experts, but also included are
language staff (translators, interpreters), transcribers and minute staff.
The Pakistan Parliament did not reply to this question. Five Parliaments
reported that they had created no new corps of staff such as computer staff
(New Zealand; Surinam; Cyprus; European Parliament; Parliamentary
Assembly of the Council of Europe).
In Surinam, computer services are integrated within the main administra-
tion. In the House of Representatives in Cyprus the clerical staff and typists
have been trained to use computers. In the European Parliament, new disci-
plines such as computer experts do not lead to the creation of new cadres of
officials but are integrated into existing categories and grades.
Management of Parliamentary Staff: training, career and mobility
61
Leaving aside computer staff, some Parliaments have created other coqjs.
The Belgian Senate has set up a corps of security staff. Zaire and Sweden
have introduced a corps of printing staff. The Israeli Knesset has a new corps
of documentation specialists and an external relations corps. In Australia, the
move of the Parliament in 1988 to new buildings led to an increase in
demand for computer and audiovisual services and two new divisions were
set up as a result. The French National Assembly has introduced new grades,
for projectionists, photographers, draughtsmen, and medical staff.
Only five Parliaments indicated that they have any external services
(Zaire; Cameroon; European Parliament; Surinam; Republic of Korea).
The Zaire National Assembly has a unit within the Direction du Proto-
cole et des Relations publiques which handles Members of Parliaments'
travel arrangements. Its personnel are employed on the same basis as those in
the main Parliamentary administration.
The Cameroon National Assembly has offices in the Embassies in Paris
and London which handle hospitality, transport and lodging for Members and
staff of Parliament in transit or on an official trip as well as medical visits.
These staff are employed on the same basis as those in the main Parliamen-
tary service, adjusted for the costs in their host country.
In Surinam there is a special unit in the Ministry of Foreign Affairs
responsible for the arrangements for Members' travel. The staff of this unit
are parliamentary officials.
The National Assembly of the Republic of Korea maintains three over-
seas services in Tokyo, Paris and Washington, which take part in inter-
national parliamentary activities, work with bilateral country friendship
groups and gather information on foreign parliaments. These staff are
employed on the same basis as other parliamentary staff, but receive extra
sums to cover their expenses.
The European Parliament maintains an information office in each
Member state. These offices have the task of briefing journalists, govern-
ments, economic and social organisations, and public opinion, on the work of
the European Parliament. They also report back to the European Parliament
on the situation prevailing in each Member state. The staff are employed on
the same basis as those in Luxembourg and Brussels.
Constitutional and Parliamentary Information
62
Very few replies were received to this question - in fact, only nine.
It was intended to establish whether, between sessions or when work is
light, Parliaments provide specifically for, for example, sending certain staff
on leave or giving them non-legislative tasks.
The Belgian Senate maintains a permanent, but reduced, staff.
The Belgian House of Representatives maintains full services.
The National Assemblies of Cameroon and Senegal make no specific
measures.
The German Bundestag makes no specific provision, since the gap
between sessions is only one or two weeks.
The Spanish Congress of Deputies provides for the possibility of con-
tinued employment for most staff.
In the New Zealand House of Representatives advantage is taken of the
period between sessions to undertake training programmes and long term
projects.
The European Parliament stated that, during sessions, which mostly take
place at Strasbourg and last one week, many officials and temporary staff
from Luxembourg and Brussels are sent. Auxiliary local staff are also
employed.
Management of Parliamentary Staff: training, career and mobility
63
Conclusion