The Oath of the Members of Parliament (MPs) and Liability for Its Breach

Abstract

The article contains analysis dedicated to the legal framework of the oath of the MPs in Latvia and abroad. Taking into account that in Latvia the oath made by the members of Saeima is a new institution, which has been implemented only in year 2002, the article contains a comparative analysis about the following topics: content of the oaths of MPs in various states; the legal framework of the procedure for taking the oath; consequences, if an MP has not taken the oath properly or has refused to take it. As a consequence of the recent political events in Latvia, where the questions concerning the breach of the oath of MPs and liability of MPs were widely discussed (also on the parliamentary level), the analysis within the framework of this article focuses on the legal framework of the breach of the oath, with an emphasis on the constitutional framework and practice of Lithuania. Lithuania is one of the rare states in the world, in which the procedure of dismissal (impeachment) is used against MPs if they have breached the oath. Moreover, it has been used in practice several times, therefore the legal framework and practice of the neighboring state can give a certain lesson to the states, which only consider the implementation of such a procedure of constitutional liability.