Impeachment is the process by which a
legislative body
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.
Laws enacted by legislatures are usually known as p ...
or other legally constituted tribunal initiates charges against a
public official
An official is someone who holds an office (function or mandate, regardless whether it carries an actual working space with it) in an organization or government and participates in the exercise of authority, (either their own or that of their s ...
for misconduct.
It may be understood as a unique process involving both
political
Politics (from , ) is the set of activities that are associated with making decisions in groups, or other forms of power relations among individuals, such as the distribution of resources or status. The branch of social science that studies ...
and
legal
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
elements.
In
Europe
Europe is a large peninsula conventionally considered a continent in its own right because of its great physical size and the weight of its history and traditions. Europe is also considered a Continent#Subcontinents, subcontinent of Eurasia ...
and
Latin America
Latin America or
* french: Amérique Latine, link=no
* ht, Amerik Latin, link=no
* pt, América Latina, link=no, name=a, sometimes referred to as LatAm is a large cultural region in the Americas where Romance languages — languages derived f ...
, impeachment tends to be confined to
ministerial officials
as the unique nature of their positions may place ministers beyond the reach of the law to prosecute, or their misconduct is not codified into law as an offense except through the unique expectations of their high office. Both "
peers
Peers may refer to:
People
* Donald Peers
* Edgar Allison Peers, English academician
* Gavin Peers
* John Peers, Australian tennis player
* Kerry Peers
* Mark Peers
* Michael Peers
* Steve Peers
* Teddy Peers (1886–1935), Welsh international ...
and
commoners
A commoner, also known as the ''common man'', ''commoners'', the ''common people'' or the ''masses'', was in earlier use an ordinary person in a community or nation who did not have any significant social status, especially a member of neither ...
" have been subject to the process, however. From 1990 to 2020, there have been at least 272 impeachment charges against 132 different
heads of state
A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 "he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and le ...
in 63 countries. Most
democracies
Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation (" direct democracy"), or to choose gov ...
(with the notable exception of the United States) involve the courts (often a national
constitutional court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
) in some way.
[
In ]Latin America
Latin America or
* french: Amérique Latine, link=no
* ht, Amerik Latin, link=no
* pt, América Latina, link=no, name=a, sometimes referred to as LatAm is a large cultural region in the Americas where Romance languages — languages derived f ...
, which includes almost 40% of the world's presidential system
A presidential system, or single executive system, is a form of government in which a head of government, typically with the title of president, leads an executive branch that is separate from the legislative branch in systems that use separati ...
s, ten presidents from six countries were removed from office by their national legislatures via impeachments or declarations of incapacity between 1978 and 2019.
National legislations differ regarding both the consequences and definition of impeachment, but the intent is nearly always to expeditiously vacate the office. In most nations the process begins in the lower house
A lower house is one of two Debate chamber, chambers of a Bicameralism, bicameral legislature, the other chamber being the upper house. Despite its official position "below" the upper house, in many legislatures worldwide, the lower house has co ...
of a bicameral assembly who bring charges of misconduct, then the upper house
An upper house is one of two Debate chamber, chambers of a bicameralism, bicameral legislature, the other chamber being the lower house.''Bicameralism'' (1997) by George Tsebelis The house formally designated as the upper house is usually smalle ...
administers an impeachment trial
An impeachment trial is a trial that functions as a component of an impeachment. Several governments utilize impeachment trials as a part of their processes for impeachment, but differ as to when in the impeachment process trials take place and how ...
and sentencing. Most commonly, an official is considered impeached after the house votes to accept the charges, and impeachment itself does not remove the official from office.
Because impeachment involves a departure from the normal constitutional procedures by which individuals achieve high office (election, ratification, or appointment) and because it generally requires a supermajority
A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority ru ...
, they are usually reserved for those deemed to have committed serious abuses of their office. In the United States, for example, impeachment at the federal level is limited to those who may have committed " Treason, Bribery, or other high crimes and misdemeanors"—the latter phrase referring to offenses against the government or the constitution, grave abuses of power
Abuse is the improper usage or treatment of a thing, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, crimes, or other t ...
, violations of the public trust
The concept of public trust relates back to the origins of democratic government and its seminal idea that within the public lies the true power and future of a society; therefore, whatever ''trust'' citizens place in its officials must be respect ...
, or other political crime
In criminology
Criminology (from Latin , "accusation", and Ancient Greek , ''-logia'', from λόγος ''logos'' meaning: "word, reason") is the study of crime and deviant behaviour. Criminology is an interdisciplinary field in both the ...
s, even if not indictable
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing ...
criminal offenses.[ Under the ]United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
, the House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
has the sole power of impeachments while the Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
has the sole power to try impeachments (''i.e.'', to acquit or convict); the validity of an impeachment trial is a political question
In United States constitutional law, the political question doctrine holds that a constitutional dispute that requires knowledge of a non-legal character or the use of techniques not suitable for a court or explicitly assigned by the Constitution ...
that is nonjusticiable
Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a party ...
(''i.e.''., is not reviewable by the courts). In the United States, impeachment is a remedial rather than penal process, intended to "effectively 'maintain constitutional government' by removing individuals unfit for office"; persons subject to impeachment and removal remain "liable and subject to Indictment, Trial, Judgment and Punishment, according to Law."
Impeachment is provided for in the constitutional laws of many countries including Brazil, France, India, Ireland, the Philippines, Russia, South Korea, and the United States. It is distinct from the motion of no confidence
A motion of no confidence, also variously called a vote of no confidence, no-confidence motion, motion of confidence, or vote of confidence, is a statement or vote about whether a person in a position of responsibility like in government or mana ...
procedure available in some countries whereby a motion of censure can be used to remove a government and its ministers from office. Such a procedure is not applicable in countries with presidential forms of government like the United States.
Etymology and history
The word "impeachment" likely derives from Old French
Old French (, , ; Modern French: ) was the language spoken in most of the northern half of France from approximately the 8th to the 14th centuries. Rather than a unified language, Old French was a linkage of Romance dialects, mutually intelligib ...
''empeechier'' from Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
word ''impedīre'' expressing the idea of catching or ensnaring by the 'foot' (''pes, pedis''), and has analogues in the modern French verb ''empêcher'' (to prevent) and the modern English
English usually refers to:
* English language
* English people
English may also refer to:
Peoples, culture, and language
* ''English'', an adjective for something of, from, or related to England
** English national ide ...
''impede''. Medieval popular etymology also associated it (wrongly) with derivations from the Latin ''impetere'' (to attack).
The process was first used by the English "Good Parliament
The Good Parliament is the name traditionally given to the English Parliament of 1376. Sitting in London from April 28 to July 10, it was the longest Parliament up until that time.
It took place during a time when the English court was perceived ...
" against William Latimer, 4th Baron Latimer
William Latimer, 4th Baron Latimer, KG (24 March 1330 – 28 May 1381) was an English noble, soldier and diplomat. After serving in France and for the household of Edward III, he was impeached during the Good Parliament of 1376, the earliest re ...
in the second half of the 14th century. Following the English example, the constitutions of Virginia
Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
(1776), (1780) and other states thereafter adopted the impeachment mechanism, but they restricted the punishment to removal of the official from office.
In West Africa
West Africa or Western Africa is the westernmost region of Africa. The United Nations defines Western Africa as the 16 countries of Benin, Burkina Faso, Cape Verde, The Gambia, Ghana, Guinea, Guinea-Bissau, Ivory Coast, Liberia, Mali, Maurit ...
, Kings of the Ashanti Empire
The Asante Empire (Asante Twi: ), today commonly called the Ashanti Empire, was an Akan state that lasted between 1701 to 1901, in what is now modern-day Ghana. It expanded from the Ashanti Region to include most of Ghana as well as parts of Iv ...
who violated any of the oaths
Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to gi ...
taken during their enstoolment were destooled by Kingmakers. For instance, if a king punished citizens arbitrarily or was exposed to be corrupt, he would be destooled. Destoolment entailed Kingmakers removing the sandals of the king and bumping his buttocks on the ground three times. Once destooled from office, his sanctity and thus reverence were lost, as he cannot exercise any powers he had as king; this includes Chief administrator, Judge, and Military Commander. The now previous king is disposed of the Stool, swords and other regalia
Regalia is a Latin plurale tantum word that has different definitions. In one rare definition, it refers to the exclusive privileges of a sovereign. The word originally referred to the elaborate formal dress and dress accessories of a sovereign ...
which symbolize his office and authority. He also loses the position as custodian of the land. However, despite being destooled from office, the king remains a member of the Royal Family from which he was elected.
In various jurisdictions
Brazil
In Brazil, as in most other Latin American countries, "impeachment" refers to the definitive removal from office. The president of Brazil
The president of Brazil ( pt, Presidente do Brasil), officially the president of the Federative Republic of Brazil ( pt, Presidente da República Federativa do Brasil) or simply the ''President of the Republic'', is the head of state and head o ...
may be provisionally removed from office by the Chamber of Deputies
The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures.
Description
Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourbon R ...
and then tried and definitely removed from office by the Federal Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature.
Senate or the Senate may also refer to:
* Any one of the national senates in the world, including
** The Brazilian Senate
** The United States Sen ...
. The Brazilian Constitution
The Constitution of the Federative Republic of Brazil ( pt, Constituição da República Federativa do Brasil) is the supreme law of Brazil. It is the foundation and source of the legal authority underlying the existence of Brazil and the feder ...
requires that two-thirds of the Deputies vote in favor of the opening of the impeachment process of the President and that two-thirds of the Senators vote for impeachment. State governors and municipal mayors can also be impeached by the respective legislative bodies. Article 2 of Law no. 1.079, from 10 April 1950, or "The Law of Impeachment", states that "The crimes defined in this law, even when simply attempted, are subject to the penalty of loss of office, with disqualification for up to five years for the exercise of any public function, to be imposed by the Federal Senate in proceedings against the President of the Republic, Ministers of State, Ministers of the Supreme Federal Tribunal, or the Attorney General."
Initiation: An accusation of a responsibility crime against the President may be brought by any Brazilian citizen however the President of the Chamber of Deputies holds prerogative to accept the charge, which if accepted will be read at the next session and reported to the President of the Republic.
Extraordinary Committee: An extraordinary committee is elected with member representation from each political party proportional to that party's membership. The President is then allowed ten parliamentary sessions for defense, which lead to two legislative sessions to form a rapporteur's legal opinion as to if impeachment proceedings will or will not be sent for a trial in the Senate. The rapporteur's opinion is voted on in the Committee; and on a simple majority it may be accepted. Failing that, the Committee adopts an opinion produced by the majority. For example, if the rapporteur's opinion is that no impeachment is warranted, and the Committee vote fails to accept it, then the Committee adopts the opinion to proceed with impeachment. Likewise, if the rapporteur's opinion is to proceed with impeachment, but it fails to achieve majority in the Committee, then the Committee adopts the opinion not to impeach. If the vote succeeds, then the rapporteur's opinion is adopted.
Chamber of Deputies: The Chamber issues a call-out vote to accept the opinion of the Committee, requiring a supermajority of two thirds in favor of an impeachment opinion (or a supermajority of two thirds against a dismissal opinion) of the Committee, in order to authorize the Senate impeachment proceedings. The President is suspended (provisionally removed) from office as soon as the Senate receives and accepts from the Chamber of Deputies the impeachment charges and decides to proceed with a trial.
The Senate: The process in the Senate had been historically lacking in procedural guidance until 1992, when the Senate published in the Official Diary of the Union the step-by-step procedure of the Senate's impeachment process, which involves the formation of another special committee and closely resembles the lower house process, with time constraints imposed on the steps taken. The committee's opinion must be presented within 10 days, after which it is put to a call-out vote at the next session. The vote must proceed within a single session; the vote on President Rousseff took over 20 hours. A simple majority vote in the Senate begins formal deliberation on the complaint, immediately suspends the President from office, installs the Vice President as acting president, and begins a 20-day period for written defense as well as up to 180-days for the trial. In the event the trial proceeds slowly and exceeds 180 days, the Brazilian Constitution determines that the President is entitled to return and stay provisionally in office until the trial comes to its decision.
Senate plenary deliberation: The committee interrogates the accused or their counsel, from which they have a right to abstain, and also a probative session which guarantees the accused rights to contradiction, or ''audiatur et altera pars,'' allowing access to the courts and due process of law under Article 5 of the constitution. The accused has 15 days to present written arguments in defense and answer to the evidence gathered, and then the committee shall issue an opinion on the merits within ten days. The entire package is published for each senator before a single plenary session issues a call-out vote, which shall proceed to trial on a simple majority and close the case otherwise.
Senate trial: A hearing for the complainant and the accused convenes within 48 hours of notification from deliberation, from which a trial is scheduled by the president of the Supreme Court no less than ten days after the hearing. The senators sit as judges, while witnesses are interrogated and cross-examined; all questions must be presented to the president of the Supreme Court, who, as prescribed in the Constitution, presides over the trial. The president of the Supreme Court allots time for debate and rebuttal, after which time the parties leave the chamber and the senators deliberate on the indictment. The President of the Supreme Court reads the summary of the grounds, the charges, the defense and the evidence to the Senate. The senators in turn issue their judgement. On conviction by a supermajority of two thirds, the president of the Supreme Court pronounces the sentence and the accused is immediately notified. If there is no supermajority for conviction, the accused is acquitted.
Upon conviction, the officeholder has his or her political rights revoked for eight years, which bars them from running for any office during that time.
Fernando Collor de Mello
Fernando Affonso Collor de Mello (; born 12 August 1949) is a Brazilian politician who served as the 32nd president of Brazil from 1990 to 1992, when he resigned in a failed attempt to stop his impeachment trial by the Brazilian Senate. Coll ...
, the 32nd President of Brazil, resigned in 1992 amidst impeachment proceedings. Despite his resignation, the Senate nonetheless voted to convict him and bar him from holding any office for eight years, due to evidence of bribery
Bribery is the Offer and acceptance, offering, Gift, giving, Offer and acceptance, receiving, or Solicitation, soliciting of any item of value to influence the actions of an official, or other person, in charge of a public or legal duty. With reg ...
and misappropriation.
In 2016, the Chamber of Deputies
The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures.
Description
Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourbon R ...
initiated an impeachment case against President Dilma Rousseff
Dilma Vana Rousseff (; born 14 December 1947) is a Brazilian economist and politician who served as the 36th president of Brazil, holding the position from 2011 until her impeachment and removal from office on 31 August 2016. She is the first w ...
on allegations of budgetary mismanagement, a crime of responsibility under the Constitution. On 12 May 2016, after 20 hours of deliberation, the admissibility of the accusation was approved by the Senate with 55 votes in favor and 22 against (an absolute majority would have been sufficient for this step) and Vice President Michel Temer
Michel Miguel Elias Temer Lulia (; born 23 September 1940) is a Brazilian politician, lawyer and writer who served as the 37th president of Brazil from 31 August 2016 to 31 December 2018. He took office after the impeachment and removal from off ...
was notified to assume the duties of the President pending trial. On August 31, 61 senators voted in favor of impeachment and 20 voted against it, thus achieving the majority needed for Rousseff's definitive removal. A vote to disqualify her for five years was taken and failed (in spite of the Constitution not separating disqualification from removal) having less than two thirds in favor.
Croatia
The process of impeaching the president of Croatia
The president of Croatia, officially the President of the Republic of Croatia ( hr, Predsjednik Republike Hrvatske), is the head of state, commander-in-chief of the military and chief representative of the Republic of Croatia both within the ...
can be initiated by a two-thirds majority vote in favor in the Sabor
The Croatian Parliament ( hr, Hrvatski sabor) or the Sabor is the unicameral legislature of the Republic of Croatia. Under the terms of the Croatian Constitution, the Sabor represents the people and is vested with legislative power. The Sabor ...
and is thereafter referred to the Constitutional Court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
, which must accept such a proposal with a two-thirds majority vote in favor in order for the president to be removed from office. This has never occurred in the history of the Republic of Croatia
, image_flag = Flag of Croatia.svg
, image_coat = Coat of arms of Croatia.svg
, anthem = "Lijepa naša domovino"("Our Beautiful Homeland")
, image_map =
, map_caption =
, capit ...
. In case of a successful impeachment motion a president's constitutional term of five years would be terminated and an election called within 60 days of the vacancy occurring. During the period of vacancy the presidential powers and duties would be carried out by the speaker of the Croatian Parliament
The speaker of the Croatian Parliament ( hr, Predsjednik Hrvatskog sabora, literally the president of the Croatian Parliament) is the presiding officer in the Croatian Parliament, Croatia's legislative body.
Under Article 97 of the constitutio ...
in his/her capacity as Acting President of the Republic.
Czech Republic
In 2013, the constitution was changed. Since 2013, the process can be started by at least three-fifths of present senators, and must be approved by at least three-fifths of all members of the Chamber of Deputies
The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures.
Description
Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourbon R ...
within three months. Also, the President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
can be impeached for high treason (newly defined in the Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
) or any serious infringement of the Constitution.
The process starts in the Senate of the Czech Republic
The Senate (), literally "Senate of the Parliament of the Czech Republic", is the upper house of the Parliament of the Czech Republic. The seat of the Senate is Wallenstein Palace in Prague.
Structure
The Senate has 81 members, chosen in s ...
which has the right to only impeach the president. After the approval by the Chamber of Deputies, the case is passed to the Constitutional Court of the Czech Republic
The Constitutional Court of the Czech Republic ( cz, Ústavní soud České republiky) is a specialized type of court which primarily works to protect the people in the Czech Republic against violations of the Constitution by either the legisl ...
, which has to decide the verdict against the president. If the Court finds the President guilty, then the President is removed from office and is permanently barred from being elected President of the Czech Republic again.
No Czech president has ever been impeached, though members of the Senate sought to impeach President Václav Klaus in 2013. This case was dismissed by the court, which reasoned that his mandate had expired. The Senate also proposed to impeach president Miloš Zeman
Miloš Zeman (; born 28 September 1944) is a Czech politician serving as the third and current President of the Czech Republic since 2013. He previously served as the Prime Minister of the Czech Republic from 1998 to 2002. As leader of the Czec ...
in 2019 but the Chamber of Deputies did not vote on the issue in time and thus the case did not even proceed to the Court.
Denmark
In Denmark the possibility for current and former ministers being impeached was established with the Danish Constitution
The Constitutional Act of the Realm of Denmark ( da, Danmarks Riges Grundlov), also known as the Constitutional Act of the Kingdom of Denmark, or simply the Constitution ( da, Grundloven, fo, Grundlógin, kl, Tunngaviusumik inatsit), is the c ...
of 1849. Unlike many other countries Denmark
)
, song = ( en, "King Christian stood by the lofty mast")
, song_type = National and royal anthem
, image_map = EU-Denmark.svg
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Danish Realm, Kingdom of Denmark
...
does not have a Constitutional Court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
who would normally handle these types of cases. Instead Denmark has a special Court of Impeachment (In Danish: Rigsretten) which is called upon every time a current and former minister have been impeached. The role of the Impeachment Court is to process and deliver judgments against current and former ministers who are accused of unlawful conduct in office. The legal content of ministerial responsibility is laid down in the Ministerial Accountability Act which has its background in section 13 of the Danish Constitution, according to which the ministers' accountability is determined in more detail by law. In Denmark the normal practice in terms of impeachment cases is that it needs to be brought up in the Danish Parliament
The Folketing ( da, Folketinget, ; ), also known as the Parliament of Denmark or the Danish Parliament in English, is the unicameral national legislature (parliament) of the Kingdom of Denmark—Denmark proper together with the Faroe Islands an ...
(Folketing
The Folketing ( da, Folketinget, ; ), also known as the Parliament of Denmark or the Danish Parliament in English, is the unicameral national legislature (parliament) of the Kingdom of Denmark—Denmark proper together with the Faroe Islands ...
) first for debate between the different members and parties in the parliament. After the debate the members of the Danish Parliament vote on whether a current or former minister needs to be impeached. If there is a majority in the Danish Parliament for an impeachment case against a current or former minister, an Impeachment Court is called into session. In Denmark the Impeachment Court consists of up to 15 Supreme Court judges and 15 parliament members appointed by the Danish Parliament. The members of the Impeachment Court in Denmark serve a six-year term in this position.
In 1995 the former Minister of Justice Erik Ninn-Hansen from the Conservative People's Party was impeached in connection with the Tamil Case The Tamil Case (Danish: Tamilsagen) was a case about family reunification in Denmark of Tamil refugees from the Sri Lankan Civil War. The affair led to the resignation of the government led by Poul Schlüter in 1993.
The scandal was first uncove ...
. The case was centered around the illegal processing of family reunification applications. From September 1987 to January 1989 applications for family reunification of Tamil refugees from civil war-torn Sri Lanka
Sri Lanka (, ; si, ශ්රී ලංකා, Śrī Laṅkā, translit-std=ISO (); ta, இலங்கை, Ilaṅkai, translit-std=ISO ()), formerly known as Ceylon and officially the Democratic Socialist Republic of Sri Lanka, is an ...
were put on hold in violation of Danish and International law. On 22 June 1995, Ninn-Hansen was found guilty of violating paragraph five subsection one of the Danish Ministerial Responsibility Act which says: A minister is punished if he intentionally or through gross negligence neglects the duties incumbent on him under the constitution or legislation in general or according to the nature of his post. A majority of the judges in that impeachment case voted for former Minister of Justice Erik Ninn-Hansen to receive a suspended sentence of four months with one year of probation. The reason why the sentence was made suspended was especially in relation to Ninn-Hansen's personal circumstances, in particular, his health and age - Ninn-Hansen was 73 years old when the sentence was handed down. After the verdict, Ninn-Hansen complained to the European Court of Human Rights and complained, among other things, that the Court of Impeachment was not impartial. The European Court of Human Rights dismissed the complaint on 18 May 1999. As a direct result and consequence of this case, the Conservative-led government and Prime Minister at that time Poul Schlüter was forced to step down from power.
In February 2021 the former Minister for Immigration and Integration Inger Støjberg
Inger Støjberg (born 16 March 1973) is a Danish politician, businesswoman and former reporter who served as a government minister in the Danish Parliament.
Støjberg served as the minister for gender equality from 2009 to 2010, as minister fo ...
at that time member of the Danish Liberal Party Venstre was impeached when it was discovered that she had possibly against both Danish and International law tried to separate couples in refugee centres in Denmark, as the wives of the couples were under legal age. According to a commission report Inger Støjberg had also lied in the Danish Parliament and failed to report relevant details to the Parliamentary Ombudsman Parliamentary Ombudsman ( fi, Eduskunnan oikeusasiamies, sv, Riksdagens ombudsman, is, Umboðsmaður Alþingis, da, Folketingets Ombudsmand, no, Sivilombudet) is the name of the principal ombudsman institutions in Finland, Iceland, Denmark, Norw ...
The decision to initiate an impeachment case was adopted by the Danish Parliament with a 141–30 vote and decision (In Denmark 90 members of the parliament need to vote for impeachment before it can be implemented). On 13 December 2021 former Minister for Immigration and Integration Inger Støjberg
Inger Støjberg (born 16 March 1973) is a Danish politician, businesswoman and former reporter who served as a government minister in the Danish Parliament.
Støjberg served as the minister for gender equality from 2009 to 2010, as minister fo ...
was convicted by the special Court of Impeachment of separating asylum seeker families illegally according to Danish and international law and sentenced to 60 days in prison. The majority of the judges in the special Court of Impeachment (25 out of 26 judges) found that it had been proven that Inger Støjberg on 10 February 2016 decided that an accommodation scheme should apply without the possibility of exceptions, so that all asylum-seeking spouses and cohabiting couples where one was a minor aged 15–17, had to be separated and accommodated separately in separate asylum centers. On 21 December, a majority in the Folketing voted that the sentence means that she is no longer worthy of sitting in the Folketing and she therefore immediately lost her seat.
France
In France the comparable procedure is called ''destitution''. The president of France
The president of France, officially the president of the French Republic (french: Président de la République française), is the executive head of state of France, and the commander-in-chief of the French Armed Forces. As the presidency i ...
can be impeached by the French Parliament
The French Parliament (french: Parlement français) is the bicameral legislature of the French Republic, consisting of the Senate () and the National Assembly (). Each assembly conducts legislative sessions at separate locations in Paris: ...
for willfully violating the Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
or the national laws. The process of impeachment is written in the 68th article of the French Constitution
The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic , and it replaced the Constitution of the Fourth Republic of 1946 with the exception of the preamble per a Constitu ...
. A group of senators or a group of members of the National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repre ...
can begin the process. Then, both the National Assembly and the Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
must acknowledge the impeachment. After the upper and lower houses' agreement, they unite to form the High Court. Finally, the High Court must decide to declare the impeachment of the president of France
The president of France, officially the president of the French Republic (french: Président de la République française), is the executive head of state of France, and the commander-in-chief of the French Armed Forces. As the presidency i ...
—or not.
Germany
The federal president of Germany
The president of Germany, officially the Federal President of the Federal Republic of Germany (german: link=no, Bundespräsident der Bundesrepublik Deutschland),The official title within Germany is ', with ' being added in international corres ...
can be impeached both by the Bundestag
The Bundestag (, "Federal Diet") is the German federal parliament. It is the only federal representative body that is directly elected by the German people. It is comparable to the United States House of Representatives or the House of Commons ...
and by the Bundesrat for willfully violating federal law. Once the Bundestag or the Bundesrat impeaches the president, the Federal Constitutional Court
The Federal Constitutional Court (german: link=no, Bundesverfassungsgericht ; abbreviated: ) is the supreme constitutional court for the Federal Republic of Germany, established by the constitution or Basic Law () of Germany. Since its inc ...
decides whether the President is guilty as charged and, if this is the case, whether to remove him or her from office. The Federal Constitutional Court also has the power to remove federal judges from office for willfully violating core principles of the federal constitution or a state
State may refer to:
Arts, entertainment, and media Literature
* ''State Magazine'', a monthly magazine published by the U.S. Department of State
* ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States
* ''Our S ...
constitution. The impeachment procedure is regulated in Article 61 of the Basic Law for the Federal Republic of Germany
The Basic Law for the Federal Republic of Germany (german: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of the Federal Republic of Germany.
The West German Constitution was approved in Bonn on 8 May 1949 and came in ...
.
There is no formal impeachment process for the chancellor of Germany
The chancellor of Germany, officially the federal chancellor of the Federal Republic of Germany,; often shortened to ''Bundeskanzler''/''Bundeskanzlerin'', / is the head of the federal government of Germany and the commander in chief of the Ge ...
, however the Bundestag can replace the chancellor at any time by voting for a new chancellor (constructive vote of no confidence
The constructive vote of no confidence (german: konstruktives Misstrauensvotum, es, moción de censura constructiva) is a variation on the motion of no confidence that allows a parliament to withdraw confidence from a head of government only if t ...
, Article 67 of the Basic Law).
There has never been an impeachment against the President so far. Constructive votes of no confidence against the chancellor occurred in 1972 and 1982, with only the second one being successful.
Hong Kong
The chief executive of Hong Kong
The Chief Executive of the Hong Kong Special Administrative Region is the representative of the Hong Kong Special Administrative Region and head of the Government of Hong Kong. The position was created to replace the office of governor of ...
can be impeached by the Legislative Council. A motion for investigation, initiated jointly by at least one-fourth of all the legislators charging the Chief Executive with "serious breach of law or dereliction of duty" and refusing to resign, shall first be passed by the council. An independent investigation committee, chaired by the chief justice of the Court of Final Appeal, will then carry out the investigation and report back to the council. If the Council find the evidence sufficient to substantiate the charges, it may pass a motion of impeachment by a two-thirds majority.
However, the Legislative Council does not have the power to actually remove the chief executive from office, as the chief executive is appointed by the Central People's Government
The State Council, constitutionally synonymous with the Central People's Government since 1954 (particularly in relation to local governments), is the chief administrative authority of the People's Republic of China. It is chaired by the p ...
(State Council of China). The council can only report the result to the Central People's Government for its decision.[
]
Hungary
Article 13 of Hungary's Fundamental Law (constitution) provides for the process of impeaching and removing the president
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
. The president enjoys immunity from criminal prosecution while in office, but may be charged with crimes committed during his term afterwards. Should the president violate the constitution while discharging his duties or commit a willful criminal offense, he may be removed from office. Removal proceedings may be proposed by the concurring recommendation of one-fifth of the 199 members of the country's unicameral Parliament. Parliament votes on the proposal by secret ballot, and if two thirds of all representatives agree, the president is impeached. Once impeached, the president's powers are suspended, and the Constitutional Court decides whether or not the President should be removed from office.
India
The president
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
and judges, including the chief justice of the supreme court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
and high courts, can be impeached by the parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
before the expiry of the term for violation of the Constitution. Other than impeachment, no other penalty can be given to a president in position for the violation of the Constitution under Article 361 of the constitution. However a president after his/her term/removal can be punished for his already proven unlawful activity under disrespecting the constitution, etc. No president has faced impeachment proceedings. Hence, the provisions for impeachment have never been tested. The sitting president cannot be charged and needs to step down in order for that to happen.
Ireland
In the Republic of Ireland
Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland. The capital and largest city is Dublin, on the eastern side of the island. A ...
formal impeachment applies only to the Irish president
The president of Ireland ( ga, Uachtarán na hÉireann) is the head of state of Ireland and the supreme commander of the Irish Defence Forces.
The president holds office for seven years, and can be elected for a maximum of two terms.Constitut ...
. Article 12 of the Irish Constitution
The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the fundamental law of Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democracy, is broadly within the traditio ...
provides that, unless judged to be "permanently incapacitated" by the Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
, the president can be removed from office only by the houses of the Oireachtas
The Oireachtas (, ), sometimes referred to as Oireachtas Éireann, is the Bicameralism, bicameral parliament of Republic of Ireland, Ireland. The Oireachtas consists of:
*The President of Ireland
*The bicameralism, two houses of the Oireachtas ...
(parliament) and only for the commission of "stated misbehaviour". Either house of the Oireachtas may impeach the president, but only by a resolution approved by a majority of at least two thirds of its total number of members; and a house may not consider a proposal for impeachment unless requested to do so by at least thirty of its number.
Where one house impeaches the president, the remaining house either investigates the charge or commissions another body or committee to do so. The investigating house can remove the president if it decides, by at least a two-thirds majority of its members, both that the president is guilty of the charge and that the charge is sufficiently serious as to warrant the president's removal. To date no impeachment of an Irish president has ever taken place. The president holds a largely ceremonial office, the dignity of which is considered important, so it is likely that a president would resign from office long before undergoing formal conviction or impeachment.
Italy
In Italy, according to Article 90 of the Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
, the President of Italy
The president of Italy, officially denoted as president of the Italian Republic ( it, Presidente della Repubblica Italiana) is the head of state of Italy. In that role, the president represents national unity, and guarantees that Italian poli ...
can be impeached through a majority vote of the Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
in joint session for high treason and for attempting to overthrow the Constitution. If impeached, the president of the Republic is then tried by the Constitutional Court integrated with sixteen citizens older than forty chosen by lot from a list compiled by the Parliament every nine years.
Italian press and political forces made use of the term "impeachment" for the attempt by some members of parliamentary opposition to initiate the procedure provided for in Article 90 against Presidents Francesco Cossiga
Francesco Maurizio Cossiga (; sc, Frantziscu Maurìtziu Còssiga, ; 1928 – 2010)
. was an Italian pol ...
(1991), Giorgio Napolitano
Giorgio Napolitano (; born 29 June 1925) is an Italian politician who served as president of Italy from 2006 to 2015, the first Italian president to be re-elected to the presidency. Due to his dominant position in Italian politics, some critics ...
(2014) and Sergio Mattarella
Sergio Mattarella (; born 23 July 1941) is an Italian politician, jurist, academic and lawyer who has served as the president of Italy since 2015.
A Christian leftist politician, Mattarella was a leading member of the Christian Democracy par ...
(2018).
Japan
By Article 78 of the Constitution of Japan
The Constitution of Japan (Shinjitai: , Kyūjitai: , Hepburn: ) is the constitution of Japan and the supreme law in the state. Written primarily by American civilian officials working under the Allied occupation of Japan, the constitution r ...
, judges can be impeached. The voting method is specified by laws. The National Diet
The is the national legislature of Japan. It is composed of a lower house, called the House of Representatives (Japan), House of Representatives (, ''Shūgiin''), and an upper house, the House of Councillors (Japan), House of Councillors (, ...
has two organs, namely () and (), which is established by Article 64 of the Constitution. The former has a role similar to prosecutor and the latter is analogous to Court. Seven judges were removed by them.
Liechtenstein
Members of the Liechtenstein Government can be impeached before the State Court for breaches of the Constitution or of other laws. As a hereditary monarchy
A hereditary monarchy is a form of government and succession of power in which the throne passes from one member of a ruling family to another member of the same family. A series of rulers from the same family would constitute a dynasty.
It is h ...
the Sovereign Prince
A prince is a male ruler (ranked below a king, grand prince, and grand duke) or a male member of a monarch's or former monarch's family. ''Prince'' is also a title of nobility (often highest), often hereditary, in some European states. The ...
cannot be impeached as he "is not subject to the jurisdiction of the courts and does not have legal responsibility".[ The same is true of any member of the Princely House who exercises the function of head of state should the Prince be temporarily prevented or in preparation for the Succession.][
]
Lithuania
In the Republic of Lithuania
A republic () is a "state in which power rests with the people or their representatives; specifically a state without a monarchy" and also a "government, or system of government, of such a state." Previously, especially in the 17th and 18th c ...
, the president may be impeached by a three-fifths majority in the Seimas
The Seimas of the Republic of Lithuania ( lt, Lietuvos Respublikos Seimas), or simply the Seimas (), is the unicameral parliament of Lithuania. The Seimas constitutes the legislative branch of government in Lithuania, enacting laws and amendmen ...
. President Rolandas Paksas
Rolandas Paksas (; born 10 June 1956) is a Lithuanian politician who was the sixth President of Lithuania from 2003 to 2004. He was previously Prime Minister of Lithuania in 1999 and again from 2000 to 2001, and he also served as Mayor of Vilniu ...
was removed from office by impeachment on 6 April 2004 after the Constitutional Court of Lithuania
Constitutional Court of the Republic of Lithuania (in lt, Lietuvos Respublikos Konstitucinis Teismas) is the constitutional court of the Republic of Lithuania, established by the Constitution of the Republic of Lithuania of 1992. It began th ...
found him guilty of having violated his oath and the constitution. He was the first European head of state
A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...
to have been impeached.
Norway
Members of government, representatives of the national assembly (Storting
The Storting ( no, Stortinget ) (lit. the Great Thing) is the supreme legislature of Norway, established in 1814 by the Constitution of Norway. It is located in Oslo. The unicameral parliament has 169 members and is elected every four years bas ...
et) and Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
judges can be impeached for criminal offenses tied to their duties and committed in office, according to the Constitution of 1814, §§ 86 and 87. The procedural rules were modeled after the U.S. rules and are quite similar to them. Impeachment has been used eight times since 1814, last in 1927. Many argue that impeachment has fallen into desuetude
In law, desuetude (; , ) is a doctrine that causes statutes, similar legislation, or legal principles to lapse and become unenforceable by a long habit of non-enforcement or lapse of time. It is what happens to laws that are not repealed when t ...
. In cases of impeachment, an appointed court (Riksrett) takes effect.
Philippines
Impeachment in the Philippines follows procedures similar to the United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
. Under Sections2 and 3, Article XI, Constitution of the Philippines
The Constitution of the Philippines (Filipino: ''Saligang Batas ng Pilipinas'' or ''Konstitusyon ng Pilipinas'', Spanish: ''Constitución de la República de Filipinas'') is the constitution or the supreme law of the Republic of the Philippines ...
, the House of Representatives of the Philippines
The House of Representatives of the Philippines ( fil, Kapulungan ng mga Kinatawan ng Pilipinas, italic=unset, ''Kamara'' or ''Kamara de Representantes'' from the Spanish language, Spanish word ''cámara'', meaning "chamber") is the lower house ...
has the exclusive power to initiate all cases of impeachment against the president
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
, vice president
A vice president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vice president is on t ...
, members of the Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
, members of the Constitutional Commissions (Commission on Elections
An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...
, Civil Service Commission
A civil service commission is a government agency that is constituted by legislature to regulate the employment and working conditions of civil servants, oversee hiring and promotions, and promote the values of the public service. Its role is rou ...
and the Commission on Audit), and the ombudsman
An ombudsman (, also ,), ombud, ombuds, ombudswoman, ombudsperson or public advocate is an official who is usually appointed by the government or by parliament (usually with a significant degree of independence) to investigate complaints and at ...
. When a third of its membership has endorsed article(s) of impeachment, it is then transmitted to the Senate of the Philippines
The Senate of the Philippines (Filipino: ''Senado ng Pilipinas'', also ''Mataas na Kapulungan ng Pilipinas'' or "upper chamber") is the upper house of Congress of the bicameral legislature of the Philippines with the House of Representatives as ...
which tries and decide, as impeachment tribunal, the impeachment case.
A main difference from U.S. proceedings however is that only one third of House members are required to approve the motion to impeach the president (as opposed to a simple majority of those present and voting in their U.S. counterpart). In the Senate, selected members of the House of Representatives act as the prosecutors and the senators act as judges with the Senate president presiding over the proceedings (the chief justice jointly presides with the Senate president if the president is on trial). Like the United States, to convict the official in question requires that a minimum of two thirds (i.e. 16 of 24 members) of all the members of the Senate vote in favor of conviction. If an impeachment attempt is unsuccessful or the official is acquitted, no new cases can be filed against that impeachable official for at least one full year.
Impeachment proceedings and attempts
President Joseph Estrada
Joseph Ejercito Estrada, (; born Jose Marcelo Ejercito; April 19, 1937), also known by the nickname Erap, is a Filipino politician and former actor. He served as the 13th president of the Philippines from 1998 to 2001, the 9th vice preside ...
was the first official impeached
Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements.
In ...
by the House in 2000, but the trial ended prematurely due to outrage over a vote to open an envelope where that motion was narrowly defeated by his allies. Estrada was deposed days later during the 2001 EDSA Revolution
The Second EDSA Revolution, also known as the Second People Power Revolution, EDSA 2001, or EDSA II (pronounced ''EDSA Two'' or ''EDSA Dos''), was a political protest from January 17–20, 2001, which peacefully overthrew the government of Jose ...
.
In 2005, 2006, 2007 and 2008, impeachment complaints were filed against President Gloria Macapagal Arroyo
Maria Gloria Macaraeg Macapagal Arroyo (, born April 5, 1947), often referred to by her initials GMA, is a Filipino academic and politician serving as one of the Deputy Speaker of the House of Representatives of the Philippines, House Deputy Spe ...
, but none of the cases reached the required endorsement of of the members for transmittal to, and trial by, the Senate.
In March 2011, the House of Representatives impeached
Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements.
In ...
Ombudsman
An ombudsman (, also ,), ombud, ombuds, ombudswoman, ombudsperson or public advocate is an official who is usually appointed by the government or by parliament (usually with a significant degree of independence) to investigate complaints and at ...
Merceditas Gutierrez
Ma. Merceditas Consunji Navarro Gutierrez (born September 24, 1948) is a Filipino former government official who served as the 4th ombudsman of the Philippines. After graduating from the Ateneo de Manila University Law School in 1973, she quick ...
, becoming the second person to be impeached. In April, Gutierrez resigned prior to the Senate's convening as an impeachment court.
In December 2011, in what was described as "blitzkrieg fashion", 188 of the 285 members of the House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
voted to transmit the 56-page articles of impeachment
Impeachment in the United States is the process by which a legislature may bring charges against an officeholder for misconduct alleged to have been committed with a penalty of removal. Impeachment may also occur at the state level if the st ...
against Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
chief justice Renato Corona
Renato Tereso Antonio Coronado Corona (October 15, 1948 – April 29, 2016) was a Filipino judge who was the 23rd chief justice of the Philippines from 2010 to 2012. He served as an associate justice after being appointed by President Gloria ...
in his impeachment.
To date, three officials had been successfully impeached by the House of Representatives, and two were not convicted. The latter, Chief Justice Renato C. Corona, was convicted on 29 May 2012, by the Senate under Article II of the Articles of Impeachment (for betraying public trust), with 20–3 votes from the Senator Judges.
Peru
The first impeachment process against Pedro Pablo Kuczynski
The first impeachment process against Pedro Pablo Kuczynski, then the incumbent President of Peru since 2016, was initiated by the Congress of Peru on 15 December 2017. According to Luis Galarreta, the President of the Congress, the whole process ...
, then the incumbent President of Peru
The president of Peru ( es, link=no, presidente del Perú), officially called the president of the Republic of Peru ( es, link=no, presidente de la República del Perú), is the head of state and head of government of Peru. The president is th ...
since 2016, was initiated by the Congress of Peru
The Congress of the Republic of Peru ( es, Congreso de la República) is the unicameral body that assumes legislative power in Peru.
Congress' composition is established by Chapter I of Title IV of the Constitution of Peru. Congress is compose ...
on 15 December 2017. According to Luis Galarreta, the President of the Congress, the whole process of impeachment could have taken as little as a week to complete. This event was part of the second stage of the political crisis
Politics (from , ) is the set of activities that are associated with making decisions in groups, or other forms of power relations among individuals, such as the distribution of resources or status. The branch of social science that studies ...
generated by the confrontation between the Government of Pedro Pablo Kuczynski and the Congress, in which the opposition Popular Force has an absolute majority. The impeachment request was rejected by the congress on 21 December 2017, for failing to obtain sufficient votes for the deposition.
Romania
The president
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
can be impeached by Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
and is then suspended. A referendum then follows to determine whether the suspended President should be removed from office. President Traian Băsescu
Traian Băsescu (; born 4 November 1951) is a conservatism, conservative Romanian politician who served as President of Romania from 2004 to 2014. Prior to his presidency, Băsescu served as Romanian Minister of Transport on multiple occasions ...
was impeached twice by the Parliament: in 2007 and then again in July 2012. A referendum was held on 19 May 2007 and a large majority of the electorate voted against removing the president from office. For the most recent suspension a referendum was held on July 29, 2012; the results were heavily against the president, but the referendum was invalidated due to low turnout.
Russia
In 1999, members of the State Duma of Russia
The State Duma (russian: Госуда́рственная ду́ма, r=Gosudárstvennaja dúma), commonly abbreviated in Russian as Gosduma ( rus, Госду́ма), is the lower house of the Federal Assembly of Russia, while the upper house ...
, led by the Communist Party of the Russian Federation
, anthem =
, seats1_title = Seats in the State Duma
, seats1 =
, seats2_title = Seats in the Federation Council
, seats2 =
, seats3_title = Governors
, seats3 =
, seats4_title ...
, unsuccessfully attempted to impeach President Boris Yeltsin
Boris Nikolayevich Yeltsin ( rus, Борис Николаевич Ельцин, p=bɐˈrʲis nʲɪkɐˈla(j)ɪvʲɪtɕ ˈjelʲtsɨn, a=Ru-Boris Nikolayevich Yeltsin.ogg; 1 February 1931 – 23 April 2007) was a Soviet and Russian politician wh ...
on charges relating to his role in the 1993 Russian constitutional crisis
The 1993 Russian constitutional crisis, also known as the 1993 October Coup, Black October, the Shooting of the White House or Ukaz 1400, was a political stand-off and a constitutional crisis between the Russian president Boris Yeltsin and t ...
and launching the (1995–96); efforts to launch impeachment proceedings failed.
Singapore
The Constitution of Singapore
The Constitution of the Republic of Singapore is the supreme law of Singapore. A written constitution, the text which took effect on 9 August 1965 is derived from the Constitution of the State of Singapore 1963, provisions of the Federal Const ...
allows the impeachment of a sitting president
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
on charges of treason, violation of the Constitution, corruption, or attempting to mislead the Presidential Elections Committee for the purpose of demonstrating eligibility to be elected as president. The prime minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
or at least one-quarter of all members of Parliament
A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members of ...
(MPs) can pass an impeachment motion, which can succeed only if at least half of all MPs (excluding nominated members) vote in favor, whereupon the chief justice of the Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
will appoint a tribunal to investigate allegations against the president. If the tribunal finds the president guilty, or otherwise declares that the president is "permanently incapable of discharging the functions of his office by reason of mental or physical infirmity", Parliament will hold a vote on a resolution to remove the president from office, which requires a three-quarters majority to succeed. No president has ever been removed from office in this fashion.
South Africa
When the Union of South Africa
The Union of South Africa ( nl, Unie van Zuid-Afrika; af, Unie van Suid-Afrika; ) was the historical predecessor to the present-day Republic of South Africa. It came into existence on 31 May 1910 with the unification of the Cape, Natal, Trans ...
was established in 1910, the only officials who could be impeached (though the term itself was not used) were the chief justice and judges of the Supreme Court of South Africa
The Supreme Court of South Africa was a superior court of law in South Africa from 1910 to 1997. It was made up of various provincial and local divisions with jurisdiction over specific geographical areas, and an Appellate Division which was t ...
. The scope was broadened when the country became a republic in 1961, to include the state president. It was further broadened in 1981 to include the new office of vice state president; and in 1994 to include the executive deputy presidents, the public protector
The Public Protector in South Africa is one of six independent state institutions set up by the country's Constitution to support and defend democracy.
According to Section 181 of the Constitution:
* These institutions are independent, and subje ...
and the Auditor-General
A comptroller (pronounced either the same as ''controller'' or as ) is a management-level position responsible for supervising the quality of accounting and financial reporting of an organization. A financial comptroller is a senior-level execut ...
. Since 1997, members of certain commissions established by the Constitution can also be impeached. The grounds for impeachment, and the procedures to be followed, have changed several times over the years.
South Korea
According to the Article 65(1) of Constitution of South Korea
The Constitution of the Republic of Korea () is the supreme law of South Korea. It was promulgated on July 17, 1948, and last revised on October 29, 1987.
Background The Provisional Charter of Korea
The preamble of the Constitution of South ...
, President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
, Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
, members of the State Council State Council may refer to:
Government
* State Council of the Republic of Korea, the national cabinet of South Korea, headed by the President
* State Council of the People's Republic of China, the national cabinet and chief administrative auth ...
, heads of Executive Ministries, Justices of the Constitutional Court, judges, members of the National Election Commission, the Chairperson and members of the Board of Audit and Inspection
The Board of Audit and Inspection (, BAI) is a national organization headquartered in Seoul, South Korea. Its primary function is the audit and inspection of the accounts of state and administrative bodies.
See also
*Anti-Corruption and Civil Rig ...
can be impeached by the National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repre ...
when they violated the Constitution or other statutory duties. By article 65(2) of the Constitution, proposal of impeachment needs simple majority of votes among quorum of one-thirds of the National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repre ...
. However, exceptionally, impeachment on President of South Korea
The president of the Republic of Korea (), also known as the president of South Korea (often abbreviated to POTROK or POSK; ), is the head of state and head of government of the Republic of Korea. The president leads the State Council, and is ...
needs simple majority of votes among quorum of two-thirds of the National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repre ...
. When impeachment proposal is passed in the National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repre ...
, it is finally reviewed under jurisdiction the Constitutional Court of Korea
The Constitutional Court of Korea () is highest constitutional court in judicial branch of South Korea, seated in Jongno, Seoul. Established under Chapter 6 of the Constitution of South Korea, the Court has ultimate jurisdiction over judicial ...
, according to article 111(1) of the Constitution. During review of impeachment in the Constitutional Court, the impeached is suspended from exercising power by article 65(3) of the Constitution.
Two presidents have been impeached since the establishing of the Republic of Korea
South Korea, officially the Republic of Korea (ROK), is a country in East Asia, constituting the southern part of the Korean Peninsula and sharing a land border with North Korea. Its western border is formed by the Yellow Sea, while its east ...
in 1948
Events January
* January 1
** The General Agreement on Tariffs and Trade (GATT) is inaugurated.
** The Constitution of New Jersey (later subject to amendment) goes into effect.
** The railways of Britain are nationalized, to form British ...
. Roh Moo-hyun
Roh Moo-hyun (; ; 1 September 1946 – 23 May 2009) was a South Korean politician and lawyer who served as the ninth president of South Korea between 2003 and 2008.
Roh's pre-presidential political career was focused on human rights advocacy for ...
in 2004 was impeached by the National Assembly but was overturned by the Constitutional Court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
. Park Geun-hye
Park Geun-hye (; ; often in English ; born 2 February 1952) is a South Korean politician who served as the 11th president of South Korea from 2013 to 2017, until she was impeached and convicted on related corruption charges.
Park was the fi ...
in 2016 was impeached by the National Assembly, and the impeachment was confirmed by the Constitutional Court on March 10, 2017.
In February 2021, Judge Lim Seong-geun of the Busan High Court was impeached by the National Assembly for meddling in politically sensitive trials, the first ever impeachment of a judge in Korean history. Unlike presidential impeachments, only
a simple majority is required to impeach. Judge Lim's term expired before the Constitutional Court could render a verdict, leading the court to dismiss the case.
Turkey
In Turkey
Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a list of transcontinental countries, transcontinental country located mainly on the Anatolia, Anatolian Peninsula in Western Asia, with ...
, according to the Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
, the Grand National Assembly Great National Assembly or Grand National Assembly may refer to:
* Great National Assembly of Alba Iulia, an assembly of Romanian delegates that declared the unification of Transylvania and Romania
* Great National Assembly (Socialist Republic of R ...
may initiate an investigation of the president
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
, the vice president
A vice president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vice president is on t ...
or any member of the Cabinet
Cabinet or The Cabinet may refer to:
Furniture
* Cabinetry, a box-shaped piece of furniture with doors and/or drawers
* Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets
* Filing ...
upon the proposal of simple majority of its total members, and within a period less than a month, the approval of three-fifths of the total members. The investigation would be carried out by a commission of fifteen members of the Assembly
Assembly may refer to:
Organisations and meetings
* Deliberative assembly, a gathering of members who use parliamentary procedure for making decisions
* General assembly, an official meeting of the members of an organization or of their representa ...
, each nominated by the political parties in proportion to their representation therein. The commission would submit its report indicating the outcome of the investigation to the speaker
Speaker may refer to:
Society and politics
* Speaker (politics), the presiding officer in a legislative assembly
* Public speaker, one who gives a speech or lecture
* A person producing speech: the producer of a given utterance, especially:
** I ...
within two months. If the investigation is not completed within this period, the commission's time may be renewed for another month. Within ten days of its submission to the speaker, the report would be distributed to all members of the Assembly
Assembly may refer to:
Organisations and meetings
* Deliberative assembly, a gathering of members who use parliamentary procedure for making decisions
* General assembly, an official meeting of the members of an organization or of their representa ...
, and ten days after its distribution, the report would be discussed on the floor. Upon the approval of two thirds of the total number of the Assembly
Assembly may refer to:
Organisations and meetings
* Deliberative assembly, a gathering of members who use parliamentary procedure for making decisions
* General assembly, an official meeting of the members of an organization or of their representa ...
by secret vote, the person or persons, about whom the investigation was conducted, may be tried before the Constitutional Court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
. The trial would be finalized within three months, and if not, a one-time additional period of three months shall be granted.
The president, about whom an investigation has been initiated, may not call for an election
An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold public office.
Elections have been the usual mechanism by which modern representative democracy has opera ...
. The president
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
, who is convicted by the Court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
, would be removed from office.
The provision of this article shall also apply to the offenses for which the president allegedly worked during his term of office.
Ukraine
During the crisis which started in November 2013, the increasing political stress of the face-down between the protestors occupying Independence Square in Kyiv
Kyiv, also spelled Kiev, is the capital and most populous city of Ukraine. It is in north-central Ukraine along the Dnieper, Dnieper River. As of 1 January 2021, its population was 2,962,180, making Kyiv the List of European cities by populat ...
and the State Security forces under the control of President Yanukovych led to deadly armed force being used on the protestors. Following the negotiated return of Kyiv's City Hall on 16 February 2014, occupied by the protesters since November 2013, the security forces thought they could also retake "Maidan", Independence Square. The ensuing fighting from 17 through 21 February 2014 resulted in a considerable number of deaths and a more generalised alienation of the population, and the withdrawal of President Yanukovych to his support area in the East of Ukraine.
In the wake of the president's departure, Parliament convened on 22 February; it reinstated the 2004 Constitution, which reduced presidential authority, and voted impeachment of President Yanukovych as ''de facto
''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with ''de jure'' ("by la ...
'' recognition of his departure from office as President of an integrated Ukraine. The president riposted that Parliament's acts were illegal as they could pass into law only by presidential signature.
United Kingdom
In the United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
, in principle, anybody may be prosecuted and tried by the two Houses of Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
for any crime. The first recorded impeachment is that of William Latimer, 4th Baron Latimer
William Latimer, 4th Baron Latimer, KG (24 March 1330 – 28 May 1381) was an English noble, soldier and diplomat. After serving in France and for the household of Edward III, he was impeached during the Good Parliament of 1376, the earliest re ...
during the Good Parliament
The Good Parliament is the name traditionally given to the English Parliament of 1376. Sitting in London from April 28 to July 10, it was the longest Parliament up until that time.
It took place during a time when the English court was perceived ...
of 1376. The latest was that of Henry Dundas, 1st Viscount Melville
Henry Dundas, 1st Viscount Melville, PC, FRSE (28 April 1742 – 28 May 1811), styled as Lord Melville from 1802, was the trusted lieutenant of British Prime Minister William Pitt and the most powerful politician in Scotland in the late 18 ...
which started in 1805 and which ended with his acquittal in June 1806. Over the centuries, the procedure has been supplemented by other forms of oversight including select committees, confidence motions, and judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
, while the privilege of peers to trial only in the House of Lords was abolished in 1948 (see ), and thus impeachment, which has not kept up with modern norms of democracy or procedural fairness, is generally considered obsolete.
United States
In the federal system, the Article One of the United States Constitution
Article One of the United States Constitution establishes the legislative branch of the Federal government of the United States, federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of ...
provides that the House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
has the "sole Power of Impeachment" and the Senate has "the sole Power to try all Impeachments". Article Two provides that "The President, Vice President and all civil Officers of the United States An officer of the United States is a functionary of the executive or judicial branches of the federal government of the United States to whom is delegated some part of the country's sovereign power. The term "officer of the United States" is not a ...
, shall be removed from Office on Impeachment for, and Conviction of, Treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
, Bribery
Bribery is the Offer and acceptance, offering, Gift, giving, Offer and acceptance, receiving, or Solicitation, soliciting of any item of value to influence the actions of an official, or other person, in charge of a public or legal duty. With reg ...
, or other high Crimes and Misdemeanors
The charge of high crimes and misdemeanors covers allegations of misconduct by officials. Offenses by officials also include ordinary crimes, but perhaps with different standards of proof and punishment than for non-officials, on the grounds th ...
."[ArtII.S4.1.2.1 Offices Eligible for Impeachment]
, ''Constitution Annotated'', Congress.gov. In the United States, impeachment is the first of two stages; an official may be impeached by a majority vote of the House, but conviction and removal from office in the Senate requires "the concurrence of two thirds of the members present". Impeachment is analogous to an indictment
An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felony, felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concep ...
.
According to the House practice manual, "Impeachment is a constitutional remedy to address serious offenses against the system of government. It is the first step in a remedial process—that of removal from public office and possible disqualification from holding further office. The purpose of impeachment is not punishment; rather, its function is primarily to maintain constitutional government." Impeachment may be understood as a unique process involving both political
Politics (from , ) is the set of activities that are associated with making decisions in groups, or other forms of power relations among individuals, such as the distribution of resources or status. The branch of social science that studies ...
and legal
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
elements.[ The Constitution provides that "Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law." It is generally accepted that "a former President may be prosecuted for crimes of which he was acquitted by the Senate".
The ]U.S. House of Representatives
The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...
has impeached an official 21 times since 1789: four times for presidents, 15 times for federal judges, once for a Cabinet secretary, and once for a senator. Of the 21, the Senate voted to remove 8 (all federal judges) from office. The four impeachments of presidents were: Andrew Johnson in 1868, Bill Clinton in 1998, and Donald Trump in 2019 and again in 2021. All four impeachments were followed by acquittal in the Senate. An impeachment process was also commenced against Richard Nixon, but he resigned in 1974 to avoid likely removal from office.
Almost all state constitutions set forth parallel impeachment procedures for state governments
A state government is the government that controls a subdivision of a country in a federal form of government, which shares political power with the federal or national government. A state government may have some level of political autonomy, or ...
, allowing the state legislature to impeach officials of the state government. From 1789 through 2008, 14 governors
A governor is an politician, administrative leader and head of a polity or Region#Political_regions, political region, ranking under the Head of State, head of state and in some cases, such as governor-general, governors-general, as the head of ...
have been impeached (including two who were impeached twice), of whom seven governors were convicted."Research Response: Governors' Impeachments in U.S. History"
Illinois General Assembly Legislative Research Unit (July 8, 2008).
See also
* Impeachment investigation
* List of impeachments of heads of state
This is a list of formal impeachments, impeachment attempts or impeachment inquiries of presidents, or holders of other offices equivalent to a head of state
A head of state (or chief of state) is the public persona who officially em ...
References
External links
*
*
{{Authority control
Accountability
Political terminology of the United States