Members of the National Council are elected for a five year term.
The function of a member of the National Council is honorary. This means that no member of the National Council, except the President, performs their function professionally. Instead, members of the National Council remain employed in the position they performed at the time of their election for the function of a member of the National Council. The only member of the National Council that performs their function professionally is the President of the National Council. This is because the Constitutional Court found that permanent availability of the President of the National Council must be secured in order to ensure the efficient work of the National Council. Only in this way can the National Council respond to activities of the National Assembly in a timely manner.
Members of the National Council are appropriately compensated for their work. They are paid for meeting expenses for attending sessions of the National Council and its working bodies. They are entitled to reimbursement for expenses related to the performance of their function. The President of the National Council, who performs their function professionally, is legally entitled to receive payment of the 64th pay grade, which is similar to that received by the president of the National Assembly.
Termination of term
Term of a member of the National Council may be terminated in the following cases:
- loss of the right to vote,
- becoming permanently incapable to hold the office,
- sentencing by a final conviction to an unconditional prison sentence longer than six months,
- assuming an office that is incompatible with the function of a member of the National Council,
- in other legally defined cases.
Term of a member of the National Council terminates on the day when the National Council establishes that one or more of the above reasons exist.
Incompatibility of function
Incompatibility of function of a member of the National Council means that members of the National Council cannot simultaneously perform multiple functions, as this could lead to possible exploitation and abuse of a public function or position. Incompatibility of function is narrowly defined for members of the National Council, as they are representatives of specific interests and perform their function non-professionally. More precisely, Article 100 of the Constitution and Article 61 of the National Council Act stipulate that members of the National Council may not simultaneously serve as deputies in the National Assembly, nor can they perform other functions in state institutions. The term of a member of the National Council who begins a function that is incompatible with the function of a member of the National Council terminates with the day of beginning such a function.
Members of the National Council may be employed in state institutions only as civil servants, not as officials. They may, however, professionally perform all functions in institutions of local communities. They may also perform gainful activity for private purposes. Hence, members of the National Council may perform all functions on the local level (e.g., mayor) and may be employed in various job roles (e.g., presidents and members of executive or managing boards, teachers, doctors, professors, trade union presidents, presidents of chambers of commerce…).
Immunity
Immunity is an individual’s right and privilege to be exempt from the application of a certain legal regulation. It is a legal non-liability and legal protection of a person with immunity. Immunity provides the representative body with independence and allows for uninterrupted functioning.
Immunity of members of the National Council is determined in Article 100 of the Constitution, which stipulates that members of the National Council enjoy the same immunity as deputies of the National Assembly and that the jurisdiction to decide on immunity belongs to the National Council. The institute of immunity is further specified by Article 60 of the National Council Act, and actions and procedures of the National Council for granting or waiving immunity by Rules of Procedure of the National Council (Articles 85-92). A member of the National Council enjoys immunity from confirmation until the end of their term.
The National Council Act and the Constitution stipulate that the institute of immunity includes:
- professional immunity, which means that a member of the National Council is not criminally liable for their opinion and vote cast at sessions of the National Council or its working bodies. Professional immunity of members of the National Council is absolute, as it precludes criminal liability of members of the National Council both during and after their term.
- procedural immunity, which means that a member of the National Council may not be detained, nor may a criminal procedure be initiated against them without the permission of the National Council, except if they were caught in a criminal act for which a criminal penalty exceeding five years of prison is laid down. It must be emphasised that immunity only protects a member of the National Council from criminal proceedings, not other proceedings such as misdemeanours, disciplinary proceedings… Procedural immunity of a member of the National Council is relative, as it only protects them for the duration of their term as a member of the National Council.
The National Council may award immunity also to a member of the National Council who did not claim immunity or was caught in the described criminal act. If this is necessary for the performance of functions of the National Council, the National Council may also award immunity to a member of the National Council that did not claim it.