Senate (Montecara)
Senate il Senàt | |
|---|---|
| 29th Triennium | |
 | |
| Type | |
| Type | |
Term limits | None |
| History | |
| Founded | 9 July 1936 |
New session started | 5 October 2020 |
| Leadership | |
President | Everàrd Torsièl since 5 October 2020 |
First Vice President | Metelo Adorno since 5 October 2020 |
Second Vice President | Aurelia Corxiòn since 5 October 2020 |
First Secretary | Olivia Casèl since 5 October 2020 |
Second Secretary | Albìn io Saco since 5 October 2020 |
| Structure | |
| Seats | 125 |
| Committees |
|
| Elections | |
| Single transferable vote | |
Last election | 21–25 September 2020 |
Next election | 25–29 September 2023 |
| Redistricting | Electoral commission |
| Meeting place | |
 | |
| Sàla Maxòr, Palaço di Senàt | |
 | |
| Palaço di Senàt | |
| Website | |
| senat.go.mc | |
| Constitution | |
| Constitution of Montecara | |
The Senate (Montecaran: il Senàt) is the upper house of the legislature of Montecara (the Popular Assembly is the lower house). It is elected by universal suffrage. The Senate elects the College of State, Montecara's collective executive, at the beginning of every three-year mandate. While primary legislation requires the approval of both the Senate and Popular Assembly, the Senate alone holds some powers, most notably the appointment of certain state officials.
Membership and elections
Montecara is divided into 25 Senate districts, each of which elects five Senators by single transferable vote. Senators are elected to a three-year mandate. There are no term limits.
The Constitution of Montecara requires that candidates for the Senate have the right to vote (implying that they must be citizens aged at least 20) and reside in the district from which they are elected. It also sets out disqualifications for membership in the Senate, namely:
- Being convicted of a serious crime (crìma);
- Being employed by the state;
- Having a financial interest in a contract or other business agreement with the state.
Before taking office, Senators must take an oath or solemn vow to abide by the Constitution and to fulfill their duties in the best interests of the Montecaran people.
Senators are immune from being prosecuted or sued for anything they say in the Senate chamber. They may not be arrested or charged with an offense unless caught in the act, although the Senate may vote to allow a member to be prosecuted. If a Senator is detained, the Senate can order them to be released.
Functions
The Senate is vested with legislative power, which it uses in conjunction with the Popular Assembly to create laws and constitutional amendments and to approve treaties. It has the power of its own accord to issue resolutions, elect its officers, and conduct inquiries.
Legislative procedure
The main responsibility of the Senate is to draft and pass laws. The legislative process begins with the issuance of a mandate, which is a concise proposal that demands legislative action on a particular topic. Mandates may originate from the College of State, from a motion of the Senate, or from an initiative of the Popular Assembly. In the cases of a mandate originating from the College of State or from the Senate as a whole, the College itself takes responsibility for drafting the proposal; in the case of a mandate originating with a Popular Assembly initiative, the task is assigned to the relevant Senate committee.
Once a mandate has been issued, the drafting process begins. The College of State as a whole is responsible for its draft legislation, though in practice the relevant Secretary leads the process. The bulk of the work of researching and drafting proposed laws is assigned to the professional staff that support the College. In the case of a Popular Assembly mandate, the staff of the assigned Senate committee are responsible for preparing the draft, with the Senators directing the process.
Once this first draft is complete and approved by the College of State or Senate committee as appropriate, the consultation process begins. This process, which is intended to check the draft proposal for accuracy, enforceability, and acceptability, involves soliciting comment from concerned parties, including civil society organizations, the private sector, experts in relevant academic or technical fields, and interest groups. Input from the Social and Economic Council may, and in many cases must, be solicited at this time. Legislation in the latter category includes any proposal affecting the national economy, labor and employment, consumer protection, or international trade. Once the consultation process is complete, staff prepare a revised draft of the proposal along with a report of their findings which will accompany the proposal as it advances through the legislative process. The proposed law and report are then submitted to the Senate at large.
If the proposed law originated with the College of State, the Senate will at this stage assign the proposal to the appropriate committee for deliberation. To aid its work, the committee may conduct its own consultation procedure. The committee may propose changes to the proposed law which it compiles into a report, and it appoints from among its members a rapporteur who is responsible for presenting the proposed law and the committee's work to the whole Senate.
At this stage, the proposed law is presented to the Senate as a whole. If the proposed law originates from a Popular Assembly mandate, or if it is a budget or financial proposal, it must be considered. Otherwise, the Senate takes a vote on whether to consider the proposal. If the vote fails twice, the proposal will be removed from the agenda. If the vote succeeds, the Senate will proceed to consider the proposal article by article. Senators may propose amendments which are voted on by the whole Senate. Once all articles have been accepted, the Senate votes on the final version of the proposed law. If the vote fails, the proposal is dropped except in the case of budget or financial proposals, which are referred back to the College of State for revision. If the vote succeeds, the proposal is approved. Approved proposals are submitted to the next session of the Popular Assembly.
Constitutional amendments
The process for amending the constitution begins identically to the ordinary legislative process: a mandate is issued by the College of State, a motion of the Senate, or an initiative of the Popular Assembly. Proposed amendments are always submitted to the committee in charge of state affairs, and may also be submitted to other relevant committees depending on their subject. For instance, a proposed amendment regarding gambling would also be considered by the finance committee as it would affect state revenue. Each committee conducts its own consultation process and issues its own report. The Social and Economic Council always has the right to review and issue opinions on proposed amendments.
After the consultation process, the proposed amendment is presented to the whole Senate, which must consider it if it originates from a Popular Assembly initiative. The Senate considers proposed amendments article by article before voting on the final version. Constitutional amendments must be approved by an absolute majority of Senators to pass before being put to the Popular Assembly, which must also approve them by an absolute majority in order to ratify them.
Treaties
The process for considering treaties is essentially a simplified version of the legislative process. After signing a treaty, the College of State submits the treaty to the foreign affairs committee, which conducts the consultation process as it would for a piece of ordinary legislation. Senators on the committee make their report as usual before submitting the treaty to the full Senate, which must consider it. The Senate is, of course, unable to amend treaties, but it can make reservations exempting parts of a treaty from applying to Montecara or declarations regarding its interpretation of the treaty, unless doing so is prohibited in the text of the treaty itself. Once a treaty is approved by the Senate, it is put before the Popular Assembly. Ratification occurs when the approved instrument of ratification is exchanged with the other contracting party or parties.
Officials
The Senate is presided over by a council of five officers collectively known as the Presidium (Presìdio). This consists of the President, two Vice Presidents, and two secretaries. The President is responsible for convening the Senate and presiding at its sessions, as well as holding ultimate responsibility for the functioning of the Senate as a whole. The Vice Presidents assist in these functions and preside in the absence of the President. The secretaries are responsible for organizing and reading out documents, maintaining the Senate's agenda and files, and generally attending to day-to-day operations. Officers are elected at the first meeting of each new triennium.
Committees
The Senate maintains permanent committees in two categories: legislative committees and supervisory committees. Legislative committees each deal with a specific area of subject matter and are tasked with developing legislative proposals in that area. Members are expected to cultivate relevant expertise and maintain an awareness of trends and developments in their area of concern. Supervisory committees, by contrast, are concerned with the proper functioning of government and examine the actions of the Senate and Senators to ensure that they conform to established laws and standards.
Temporary committees can be created by a Senate resolution to address a specific issue. These may take the form of investigative committees, which are empowered to exercise the Senate's right to gather evidence and compel testimony in furtherance of an investigation.