23
ORIGINAL PAPER Self-serving legislators? An analysis of the salary- setting institutions of 27 EU parliaments Karsten Mause Published online: 10 January 2014 Ó Springer Science+Business Media New York 2014 Abstract It is often criticized in public debates that politicians in many juris- dictions have the power to set their own salaries. This paper scrutinizes this practice from a constitutional political economy perspective. A novel dataset is presented which provides an empirical overview of the methods used to set the pay for members of parliament (MPs) in the national parliaments of 27 member states of the European Union. There is considerable cross-country variation in this respect. While in the majority of national legislatures MPs to some degree decide on their own salaries (i.e., ‘self-service’ model), in some systems MP pay is set by bodies independent from MPs. A multiple regression analysis provides empirical support for the self-serving-legislators prediction derived from Public Choice theory: con- trolling for population size and living costs, salaries are systematically higher in legislatures in which MPs have some say in their own salaries. However, this result has to be interpreted with caution as (1) independent wage-setting bodies exist only in five parliaments, and (2) this study could only include MPs’ basic salaries. Keywords Members of parliament Á Separation of powers Á Paying politicians Á European Union JEL Classification D72 Á J33 Á J45 1 Introduction Being an employee in the labor market for politicians seems to be a worker’s paradise: members of the Austrian Nationalrat, the German Bundestag, and K. Mause (&) Department of Political Science, University of Mu ¨nster, Scharnhorststr. 100, 48151 Mu ¨nster, Germany e-mail: [email protected] 123 Const Polit Econ (2014) 25:154–176 DOI 10.1007/s10602-013-9150-y

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Page 1: Self-serving legislators? An analysis of the salary ... · 68 % believed that half or more ‘‘MPs use their power for their own personal gain,’’ 48 % thought that half or more

ORI GIN AL PA PER

Self-serving legislators? An analysis of the salary-setting institutions of 27 EU parliaments

Karsten Mause

Published online: 10 January 2014

� Springer Science+Business Media New York 2014

Abstract It is often criticized in public debates that politicians in many juris-

dictions have the power to set their own salaries. This paper scrutinizes this practice

from a constitutional political economy perspective. A novel dataset is presented

which provides an empirical overview of the methods used to set the pay for

members of parliament (MPs) in the national parliaments of 27 member states of the

European Union. There is considerable cross-country variation in this respect.

While in the majority of national legislatures MPs to some degree decide on their

own salaries (i.e., ‘self-service’ model), in some systems MP pay is set by bodies

independent from MPs. A multiple regression analysis provides empirical support

for the self-serving-legislators prediction derived from Public Choice theory: con-

trolling for population size and living costs, salaries are systematically higher in

legislatures in which MPs have some say in their own salaries. However, this result

has to be interpreted with caution as (1) independent wage-setting bodies exist only

in five parliaments, and (2) this study could only include MPs’ basic salaries.

Keywords Members of parliament � Separation of powers � Paying

politicians � European Union

JEL Classification D72 � J33 � J45

1 Introduction

Being an employee in the labor market for politicians seems to be a worker’s

paradise: members of the Austrian Nationalrat, the German Bundestag, and

K. Mause (&)

Department of Political Science, University of Munster, Scharnhorststr. 100, 48151 Munster,

Germany

e-mail: [email protected]

123

Const Polit Econ (2014) 25:154–176

DOI 10.1007/s10602-013-9150-y

Page 2: Self-serving legislators? An analysis of the salary ... · 68 % believed that half or more ‘‘MPs use their power for their own personal gain,’’ 48 % thought that half or more

members of parliament (MPs) in many other jurisdictions are allowed to set their

own salaries and other parts of their remuneration package (travel expenses,

retirement benefits, etc.).1 This practice obviously invalidates the principle of nemo

iudex in causa sua (i.e., no one should be judge in his/her own cause) because in this

case legislators are in fact ‘judges’ in their own cause (see e.g., McCormick and

Tollison 1978; Hibbing 1983; von Arnim 1993; Isensee 2000). Critics of such

compensation-setting practice have apparently been inspired by John Locke’s

(1632–1704) democratic theory and its separation-of-powers ideal, culminating in

the concern that ‘‘it may be too great a temptation’’ to legislators, being both

employees and employers in a labor contract perspective, to ‘‘suit the law, both in its

making, and execution, to their own private advantage, and thereby come to have a

distinct interest from the rest of the community, contrary to the end of society and

government’’ (Locke 1689/2003: 164; i.e., Locke’s Second Treatise of Government,

chap. XII, § 143).

It is not hard to find media reports about allegedly ‘self-serving’ and ‘overpaid’

MPs using their legislative powers to increase their private income. Likewise, public

opinion polls reveal that many citizens in advanced democracies perceive their

political representatives to be ‘cash-hungry.’ For example, following the scandal

involving British MPs’ abuse of expense allowances, in a representative Spring

2009 public opinion poll 62 % of respondents agreed that ‘‘MPs put their own

interests first’’ (i.e., ahead of the ‘‘interests of their party, constituents and country’’),

68 % believed that half or more ‘‘MPs use their power for their own personal gain,’’

48 % thought that half or more ‘‘MPs are corrupt,’’ and 68 % agree that ‘‘most MPs

make a lot of money by using public office improperly’’ (Ipsos MORI 2009).

There is a great deal of empirical research on different aspects of politicians’ pay

in single countries including the United States (see e.g., Crain and Tollison 1976;

Hafer 1977; McCormick and Tollison 1978; Sen 1991; Sollars 1994; Clark 1996;

Besley 2004; Di Tella and Fisman 2004; Theriault 2004; Diermeier et al. 2005;

Alston et al. 2006; Keane and Merlo 2010; Tuttle and Bumpass 2010; Hoffman and

Lyons 2013), the United Kingdom (Judge 1984; Baimbridge and Darcy 1999), Italy

(Merlo et al. 2010; Gagliarducci and Nannicini 2013; Fedele and Giannoccolo

2013), Germany (Rohrbein 2007; Peichl et al. 2013), and other (sub)national

settings (Podes 1993; Jones 2007; Ferraz and Finan 2009; Kotakorpi and Poutvaara

2011). Moreover, some recent studies focus on the salaries of Members of the

European Parliament (Fisman et al. 2012; Dimitrakopoulos and Page 2012;

Braendle 2013; Mocan and Altindag 2013). However, there is comparatively little

cross-country research on paying politicians. In addition to a number of reports that

provide descriptive overviews of MP pay across different samples of countries (see

below), there are only a few empirical studies that explore the determinants of MPs’

salaries in an internationally comparative perspective (Hood 1992; Hood and Peters

1994, 2003; Peters and Hood 1995; Squire 2008; Brans and Peters 2012).

1 Like in McCormick and Tollison (1978), Besley (2004), Messner and Polborn (2004), Gersbach (2009)

and other contributions to the ‘‘paying politicians’’ literature, in what follows the terms salary, wage, pay

and remuneration are used interchangeably to denote the monetary earnings a MP receives in a given

period (say, a month or year) for doing his/her parliamentary job.

Self-serving legislators? 155

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This paper contributes to the latter literature by analyzing a neglected potential

determinant: namely, the methods used to set MP salaries. Section 2 gives an

empirical overview of the current salary levels in the national parliaments of 27

member states of the European Union (EU). Section 3 presents a novel dataset

providing information about existing salary-setting methods, revealing considerable

variation across countries. While in the majority of national legislatures MPs to

some degree decide on their own salaries (i.e. ‘self-service’ model), there are also

political systems in which MP pay is set by bodies independent from MPs. Section 4

examines, in a cross-country perspective, whether or not differences in salary-

setting methods translate into significant differences in salary levels. A multiple

regression analysis provides empirical support for the self-serving-legislators

prediction derived from Public Choice theory: controlling for population size and

living costs, MP salaries are systematically higher (lower) in countries where MPs

(independent bodies) decide on MPs’ salaries. This is what one would expect from

the perspective of Public Choice theory which works with the homo-economics

assumption and presumes that political actors are primarily motivated by

(economic) self-interest.2 However, as discussed in Sect. 5, this result should be

interpreted with caution as (1) independent wage-setting bodies exist only in five

parliaments, and (2) this study could only include MPs’ basic salaries.

2 Empirical background: MPs’ salaries in the European Union

Figure 1 displays the annual gross salaries of members of the national parliaments

(lower houses) in 27 EU member states in the year 2013 in Euros (EUR). For

countries which are not members of the Euro currency area (i.e., BUL, CZE, LAT,

LTU, HUN, POL, ROM, SWE, DEN, GBR), the salary in national currencies has

been converted into EUR based on the EUR reference exchange rates of the

European Central Bank (average over the year 2012). The salary data reflects the

situation as of October 2013, and was taken from official parliament websites or was

directly provided by the parliament administration via email.

Obviously, there are considerable cross-country differences. The highest

legislator salaries are paid in Italy (125,220 EUR per year), Austria (116,297

EUR), the Netherlands (102,040 EUR) and Germany (99,024 EUR). Please note that

the presented figures are only basic salaries. In all countries, the compensation

package of a MP also includes a number of additional payments (e.g., expense

allowances for stationery, ICT equipment, postal and telephone charges, accom-

modation, travel, etc.), non-cash benefits (e.g., free train tickets, free usage of

official cars, etc.), and pension benefits. However, making the details of the full

compensation packages comparable across the 27 EU countries, and expressing

2 See also McCormick and Tollison (1981), Buchanan (2003), Besley (2004), or already Downs (1957:

28): ‘‘From the self-interest axiom springs our view of what motivates the political actions of party

members. We assume that they act solely in order to attain the income, prestige, and power which come

from being in office.’’

156 K. Mause

123

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these complex packages (including non-cash benefits) in monetary terms turned out

to be a mission impossible.3

There is a striking divide in terms of MP pay between Western and Eastern

Europe. All of the 10 East European countries in the sample (see the grey-colored

bars) can be found in the lower half of the salary ranking, showing a pay level below

the EU-27 mean. And there is a North–South divide. With the exception of Italy

(125,220 EUR) and Greece (68,467 EUR), MPs in southern European countries

such as Cyprus, Portugal, Spain, and Malta earn relatively less than MPs in northern

European countries. Obvious and plausible explanations for the striking West–East

and North–South divides are the still existing differences across the member states

of the EU in terms of the standard of living. In fact, legislator salaries are

significantly higher in countries with a relatively high standard of living as proxied

by the GDP per capita (see also Squire 2008, using 2005 salary data for national

parliaments in 20 advanced and 15 emerging market economies). Numerically, the

pairwise correlation (Spearman’s rho) between the 2013 annual MP salaries and the

2012 GDP per capita (current EUR) is 0.863 (p \ 0.0000; N = 27).

13,407

13,498

16,355

20,111

26,106

26,658

28,367

30,341

33,766

40,560

42,912

43,935

46,123

47,326

47,326

59,750

68,467

76,020

81,882

82,444

85,110

85,202

86,067

87,258

88,739

99,024

102,040

116,297

125,220

Romania (ROM)

Bulgaria (BUL)

Hungary (HUN)

Malta (MLT)

Latvia (LAT)

Czech Republic (CZE)

Poland (POL)

Lithuania (LTU)

Spain (ESP)

Estonia (EST)

Slovakia (SVK)

Slovenia (SLO)

Portugal (POR)

Cyprus (CYP)

EU-27 MEDIAN

EU-27 MEAN

Greece (GRE)

Finland (FIN)

United Kingdom (GBR)

Sweden (SWE)

Luxembourg (LUX)

France (FRA)

Belgium (BEL)

Ireland (IRL)

Denmark (DEN)

Germany (GER)

Netherlands (NED)

Austria (AUT)

Italy (ITA)

Fig. 1 Annual gross basic salary 2013 (in EUR) of members of national parliaments (EU-27)

3 See also Hood and Peters (2003), Behnke et al. (2008), and Brans and Peters (2012: 18) who note: ‘‘The

individual country chapters in this book reveal particular features that are too unique and variegated to

capture in cross country comparisons.’’

Self-serving legislators? 157

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This statistically significant association is illustrated by the scatter plot in Fig. 2,

which divides the sample into (1) a low pay/low economic wealth and (2) a high

pay/high economic wealth country cluster. Moreover, four observations stand out:

Luxembourg, with its large GDP per capita due to its large financial sector, its

smallness in terms of population size (about 500,000 inhabitants), and the many

work commuters who contribute to the GDP but do not live in the country; Greece,

with its high MP salaries compared to legislator pay in its neighboring countries in

southern Europe; and Italy and Austria, with the highest MP salaries in the EU-27

sample.

The issue of defining what the ‘right’ amount of pay is for politicians is a hotly

debated topic, not only in the European Union.4 Some citizens have the impression

that MPs are ‘overpaid,’ while others (including probably many politicians) feel

they are ‘underpaid.’ One problem in such a discussion is that it is difficult to find a

yardstick against which to measure whether an MP earns ‘too much.’ A yardstick

often used in the media is to compare the MP salary to the average wage in a

country. Following this approach and using the 2011 gross average annual wages in

a country as a proxy indicator,5 shows that members of national parliaments in all of

the considered countries earn more than the average citizen in his/her country (see

Table 1, Column 1). This is not surprising given the fact that being an MP is a

stressful and responsible job at the ‘top’ of society. Moreover, many MPs probably

have a university degree which means that their outside options may be substantially

different from those of the average citizen.

However, the wage gaps presented in Column (1) of Table 1 reveal some

interesting cases that deserve closer scrutiny: for example, Italian and Greek MPs

receive a 4.5 and 3.4 times higher salary than the average citizen, respectively. In

absolute terms, Italian and Greek MPs earn 97,111 EUR and 48,032 EUR more per

year than the average citizen, respectively. The figures illustrate that citizens in

Italy, Greece, and some other countries, who criticize that their ‘political elite’ is a

self-serving ‘‘caste’’ (Rizzo and Stella 2008), indeed have a point—because it has to

be taken into account that the figures presented above just cover MPs’ basic salaries

and do not include additional payments (e.g., expense allowances, per-diem

allowances, additional salaries for committee chairmen, etc.), non-cash benefits

(related to housing, traveling, etc.), potential outside earnings (e.g., directorships,

honoraria for lecturing) as well as pension benefits (we return to this caveat in the

conclusion). For example, according to Day (2012) and other media reports, the

average annual gross salary for Italian and Greek MPs—including expense

allowances—is about 192,000 EUR and 103,128 EUR, respectively. This is 6.8

times and 5.1 times higher than the average citizen’s annual salary.

4 See e.g., Dekker (2013). Judge (1984: 59) provides a survey of the debate about ‘‘the proper level of

salary for MPs,’’ discusses different pay criteria/mechanisms, and concludes: ‘‘How much is an MP

worth? Who decides? Throughout the centuries there has been a profusion of partial, uncomfortable,

embarrassing and often contradictory answers, but satisfactory and universally acceptable ones still

remain undiscovered.’’5 The wages cover the total economy and are expressed per full-time equivalent employee (data source:

UNECE Statistical Database and ILO Global Wage Database). For ‘non-Eurozone countries,’ wages have

been converted using the ECB’s EUR reference exchange rates (average over the year 2011).

158 K. Mause

123

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According to calculations by Merlo et al. (2010: 49), ‘‘[i]n Italy, the (before-tax)

real annual parliamentary wage (indennita parlamentare) in 2005 euros increased

from 10,712 euros in 1948 to 137,691 euros in 2006 (an overall growth of

1,185.4 %), at an average annual growth rate of 9.9 %. […] Over the same period of

time, Italy’s real per-capita GDP grew 449.5 %, at an average annual growth rate of

3.2 %.’’ As some may argue that comparing members of the political ‘elite’ with

‘average’ citizens is misleading (see above), Merlo et al. (2010: 60) present another

interesting comparison: ‘‘Average real annual earning of managers in the private

sector increased 62.2 % between 1985 and 2004 at an average annual growth rate of

2.9 %. During the same period, the average real total annual income of legislators

grew 96.7 % at an average annual growth rate of 3.8 %.’’ In 2004, Italian MPs’

annual real income was 1.8 times larger than the average annual real earnings of

managers in the Italian private sector.

3 Paying MPs: cross-country differences in salary-setting methods

Given the lively public debates about politicians’ salaries in many countries, it is not

surprising that a number of cross-country studies have been published which, among

other things, provide information about MPs’ remuneration across samples of

countries (see e.g., Judge 1984; Hood 1992; Hood and Peters 1994; Peters and Hood

1995; Van der Hulst 2000; CPA 2005; Baker 2008; Behnke et al. 2008; TPA 2009;

Maer and Kelly 2009; Z’graggen 2009; Brans and Peters 2012; Fedele and

Giannoccolo 2013). Unfortunately, such studies often remain silent on the issue of

how exactly MPs’ salaries are set in the respective countries. Based on the

Fig. 2 MP salaries and GDP per capita (EU-27)

Self-serving legislators? 159

123

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160 K. Mause

123

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Self-serving legislators? 161

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information about ESP, FRA, GER, IRL, ITA, NED, SWE in Baker (2008), the

chapters on BEL, ESP, EST, FRA, HUN, IRL, ITA, NED, ROM, SVK, SWE in

Brans and Peters (2012; most information as of 2007/08), and on own investigations

(i.e., legal texts, parliaments’ official websites, contacting parliamentary adminis-

tration), Column (2) of Table 1 provides an overview of MP salary-setting

mechanisms in 27 EU member states. The data reflects the situation as of October

2013.

As in the case of MP salaries, there are considerable cross-country differences

with respect to the applied methods of salary setting. Basically, four methods can be

distinguished which are labeled as ‘MPs’, ‘MPsRestricted’, ‘ParlBody’, and

‘IndepBody’ in Column (2) of Table 1. In what follows, the coding is explained

in detail. First of all, it turns out that in the majority of countries (17 out of 27;

63 %) MPs to some degree have the power to decide on their own salaries. This

does not, however, imply that MPs can choose whatever figure they want. In 10 out

of 27 legislatures (37 %), changes of MP salaries have to be approved by parliament

but legislators are constrained by some mechanism which, as a rule, is laid down in

the constitution, parliamentary standing order, or some other legal text (hence,

coded as ‘MPsRestricted’ legislatures). For example, in Austria the national audit

court annually calculates an ‘‘adjustment coefficient’’ (adjusted to inflation) as a

salary cap. In Bulgaria, MPs ‘‘shall receive base monthly remuneration equivalent to

three average monthly salaries in the economy according to data supplied by the

National Statistics Institute,’’ and the monthly salary ‘‘shall be adjusted quarterly on

the basis of the average monthly salary for the last month of the preceding quarter’’

(Art. 5 of the Appendix to the Rules of Organization and Procedure of the National

Assembly). Members of the German Bundestag decide on MP pay but use the

salaries of senior civil servants as a reference point; and, as a further constraint, an

approval by the upper house (Bundesrat) is required. A similar system is applied in

the Czech Parliament (i.e., an MP salary is linked to the salaries of high civil

servants, plus approval from the upper house is required). In Denmark, Hungary,

Luxembourg, the Netherlands and Poland, MP salaries are linked to the salaries of

high-ranking civil servants in the respective countries; in the case of Slovakia, MP

pay is linked to the wage development in the private sector.

Only in a quarter of the analyzed legislatures (7 out of 27; 26 %) parliamen-

tarians are able to decide ‘unconstrained’ (in the above sense) on their own salaries:

in the cases of Cyprus, Estonia, Greece, Latvia, Lithuania, Portugal, and Romania, I

could not find a formal mechanism restricting MPs (i.e., coding ‘MPs’). In the case

of Lithuania, MPs determine their pay but changes become effective only in the next

legislative term; that is, only MPs that are sure of being an MP in the following term

can deliberately set their own salaries. However, an exception to this rule was

recently created: in 2009, the Constitutional Court of Lithuania decided that MPs

were allowed to take a cut in their own salaries in times of financial/economic

crises, which actually happened (e.g., 8.2 % reduction of basic salary in 2009).

Moreover, there is a group consisting of four countries in which MPs do not

directly decide on their salaries (be it constrained or unconstrained) but the latter are

set by a cross-partisan parliamentary body consisting of MPs: Belgium, Italy,

Slovenia, and Spain (coded as ‘ParlBody’). So, actually, in these countries MPs set

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the wages for themselves and their fellow MPs. It should be mentioned, however,

that there are certain constraints. In Italy, the parliamentary body determines MP

pay but ‘‘[a]nnual increments to MPs’ salaries are linked to those of’’ supreme court

judges (whose salary is set by the government); ‘‘however, there is no legal

requirement to stay at this level’’ (Baker 2008: 36). In the other cases, the

parliamentary body decides on the MP salary but the latter is linked to the salary of

a supreme administrative court judge (Belgium), to public-sector salaries (Slove-

nia), or to salaries of high-ranking civil servants (Spain).

Furthermore, in four countries independent bodies decide on MPs’ pay: Finland,

Ireland, Sweden, and the United Kingdom (coded as ‘IndepBody’). In Finland, since

2003 an MP’s pay has been determined by an independent Remuneration

Committee, which consists of three members (who are not MPs) and which is

appointed by the Speaker of Parliament. In the UK, since 2013 the Independent

Parliamentary Standards Authority has been responsible for determining MPs’ pay.

In Sweden, since 1994 MP pay has been determined by the Riksdag Remuneration

Committee which is appointed by a parliamentary body (Riksdag Board). The

Remuneration Committee is formally independent and consists of a chair (currently

a legal expert, former court of appeal president) and two members (currently two

county governors). When the Remuneration Committee ‘‘decides whether or not to

increase salaries, it makes a determination which is accepted without government

involvement or a vote by MPs. When making its judgment the [Committee]

compares levels with cabinet ministers and some civil servants and takes account of

the wider economy’’ (Baker 2008: 38). Ireland is a special case. Since 2000 MP pay

has been linked to civil servant pay which is set by a ‘‘national wage agreement…agreed between unions, employers and the government. It is not passed through

parliament’’ (Baker 2008: 33). The national wage agreement is coded as

‘IndepBody’ here, as neither MPs nor a parliamentary body decides on MP salaries.

Finally, two special cases remain. In Malta, at first glance, the salary-setting method

has been ‘de-parliamentarized’ in the sense that the government decides on MP

salaries. Yet, Malta is coded as ‘ParlBody’ because all 15 members of government

simultaneously belong as MPs to the 69-seat parliament (at least in the current

legislative period), and set the wage for themselves and their fellow MPs. In France,

since 1958 the basic salary of Members of the Assemblee Nationale has been ‘‘directly

linked to the pay of the senior civil service’’ (SCS) and ‘‘automatically increased by the

average of the highest and lowest rates of SCS pay increase. Reviews of SCS pay

(conducted by the Ministry of the Civil Service) are sporadic but generally occur once

a year… MPs do not vote on the level of their own or SCS pay’’ (Baker 2008: 35). As

MPs do not set their own salaries and, at the same time, a parliamentary mandate is

incompatible with a position in the French government (which sets the reference

point), the French case is coded as ‘IndepBody.’

4 Salary-setting methods and MP salaries

It is often argued that the ‘political class’ as a self-regulating profession (ab)uses its

compensation-setting power to realize a compensation level that is significantly

Self-serving legislators? 163

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higher than the respective level would be under a system in which independent

regulators (e.g., a remuneration commission) decide on politicians’ pay. That is, if

MPs have the power to set their own salaries (i.e., ‘‘wage cartel’’ situation;

McCormick and Tollison 1978), then they will use this power to increase salary

levels to ‘excessive’ amounts. The novel dataset introduced above offers a good

opportunity to empirically analyze whether the type of compensation-setting

regulation really has the effect predicted by Public Choice theory.

Before proceeding, it should be mentioned that there is some empirical evidence

on this issue from the USA. In their analysis of wage-setting methods at the state

level in the US in the mid-1970s, McCormick and Tollison (1978) indeed found that

legislative pay in 1974/75 was significantly higher in states in which ‘‘legislators are

given a direct hand in wage determination’’ compared to states where pay is set in

the constitution. By contrast, some years later Sollars (1994) found that the cross-

state differences in compensation-setting methods did not help to explain the

differences in legislative pay across the US states in 1988/89 (see also Squire 2008,

using 2004 data). And Sollars (1990: 85), using US state-level data for 1983/84,

found ‘‘that states with a constitutional pay provision [i.e., pay is set in constitution,

constitutional amendment necessary to amend pay] have compensation levels

significantly less… than those who do not.’’6

4.1 Comparison of group means

If one simply looks at the average salary levels of the country groups differentiated

by the different salary-setting methods, the following country ranking appears. The

highest annual salary, on average, is paid in those national parliaments in which an

independent body determines MP pay: 82,561 EUR (median 82,444 EUR). The

average for the ‘MPsRestricted’ legislatures in which MPs decide on their salaries

but have linked the latter to some outside indicator (e.g., civil service pay) is 61,900

EUR (median 64,011 EUR). The average for the countries in which a parliamentary

body decides on MP pay is 61,820 EUR (median 43,935 EUR). And the average for

the parliaments in which MPs can make an ‘unconstrained’ decision regarding their

own salaries is 38,904 EUR (median 40,560 EUR). This is anything but empirical

support for the self-serving-legislators hypothesis. According to this conjecture, the

last group actually should be on top of such a salary ranking.

However, the above calculations neglect the differences between countries in

terms of price levels and cost of living. To take this into account, like in Brans and

Peters (2012) and other comparative studies, the annual gross basic MP salaries in

national currencies have been converted into US dollars using purchasing power

parity (PPP) exchange rates. The PPP conversion factors (2011 as latest available

year) were provided by the United Nations Statistics Division. Using the PPP-

adjusted salaries (see Table 1, Column 4) to calculate averages for the different

country groups, the same ranking as above appears: 86,085 USD (IndepBody;

6 An explanation for this result is provided by McCormick and Tollison (1978: 67): when ‘‘legislative

pay is set in the constitution… [pay] is quite difficult to change. A new wage would require the passage of

a constitutional proposal. Such proposals typically emanate from the legislature under relatively strict

voting and quorum rules and must be signed by the governor and passed in a statewide referendum.’’

164 K. Mause

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Self-serving legislators? 165

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median: 91,851 USD), 77,030 USD (MPsRestricted; median: 74,285 USD), 76,075

USD (ParlBody; median: 62,764 USD), and 58,795 USD (MPs; median: 64,381

USD). Again, the performed comparison of means does not provide empirical

support for the self-serving-legislators hypothesis—quite the contrary: MPs in

legislatures where salary-setting has been delegated to an independent body, on

average, earn 27,290 USD per year more than MPs in legislatures where MPs still

decide on their own salaries.

One possible explanation for this result could be that the independent

remuneration commissions in the sample might not really be independent from

MPs. Sollars (1990: 83) in this context speaks of the possibility that such bodies are

‘‘captured by the legislature.’’7 As mentioned above, in the Swedish case a

parliamentary body (Riksdag Board) appoints the three members of the remuner-

ation committee. Currently, no member is an MP. But as two members are

politicians (i.e., county governors), some might argue that the ‘political class’ is still

involved in setting MP pay despite the wage-setting process being ‘de-parliamen-

tarized.’ The same point could be made in the British case. However, only one of the

six persons currently on top of the Independent Parliamentary Standards Authority

(IPSA) is a former politician. The current IPSA board members were selected by an

independent commission. In the Irish case, a body consisting of representatives from

labor unions, employer associations, and the government set the wage via a wage

agreement. That is, government politicians are involved. The latter also holds in the

French case.

To avoid any doubt as to whether remuneration commissions are really

independent, one should follow the Finnish example and not have any (former)

politician on board. Here, the commission is appointed by parliament but does not

consist of any MPs; and the three current commission members, to my knowledge,

are not former politicians. However, even in such case it cannot be ruled out that

‘‘the pay commission’s interests may be congruent with the legislature’s, and the

commission may provide the political cover necessary to increase pay’’ (Sollars

1994: 512).

4.2 Multiple regression analysis

The fact that MPs in legislatures with independent wage-setting bodies, on average,

get a higher pay than MPs in parliaments in which MPs to some degree set their own

compensation, could be driven by factors other than wage-setting methods.

Therefore, a multiple regression analysis (OLS) including MPs’ annual basic

salaries in 2013 as the dependent variable has been conducted. In this analysis, a

number of independent variables capture the different salary-setting methods: ‘MPs’

(7), ‘MPsRestricted’ (10), ‘MPs ? MPsRestricted’ (17), ‘ParlBody’ (5), ‘MPsRe-

stricted ? ParlBody’ (15), ‘MPs ? ParlBody’ (12), ‘MPs ? MPsRestrict-

ed ? ParlBody’ (22), and ‘IndepBody’ (5) are dummy variables taking on the

7 See also McCormick and Tollison (1978: 67): ‘‘There is also some use of pay commissions among [US]

states. These commissions are appointed by the legislature, and no elaborate theory of regulation is

needed to explain why we treat these states as cases where the legislature sets the wage.’’

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value of 1 if the respective salary-setting method(s) (as defined above) are applied in

a national parliament. In parentheses the number of legislatures is reported that use

the respective methods.

The reason for merging the categories ‘MPs’ and ‘MPsRestricted’ in some

specifications is that it could be the case that MPs (a) decide to depart a ‘little’ from

the extra-parliamentary reference point for wage-setting or (b) have an influence on

this reference point. For example, legislative pay in Hungary (coded as ‘MPsRe-

stricted’) is linked to civil service pay but the latter, in turn, is decided on by

parliament. The underlying argument behind merging the categories ‘MPsRestrict-

ed’ and ‘ParlBody’ is that, as noted above, the parliamentary bodies use some type

of extra-parliamentary reference point for wage setting. And merging ‘MPs’ and

‘ParlBody’ as well as ‘MPs’, ‘MPsRestricted’ and ‘ParlBody’ makes sense because

a parliamentary commission is not independent from MPs: here, some MPs in their

role as commission members set the pay for themselves and their fellow MPs.

Table 2 presents the results of the multiple regression analysis. All regression

models exhibit no problematic level of multicollinearity (see the low VIF-values).

Moreover, in all models the Breusch-Pagan/Cook-Weisberg test indicates heter-

oskedasticity so that heteroskedasticity-robust standard errors were adopted.

Controlling for cross-country differences in terms of population size and living

costs (the results of these control variables are discussed below), salary levels are

lower in parliaments where a body independent from MPs decides on MP pay; see

the regression coefficients of the variable ‘IndepBody’ in model (3) or in model (1),

in which the dummy variable ‘MPs’ is the reference category. Conversely, salary

levels are higher in parliaments where MPs to some degree set their own salaries, as

indicated by the positive coefficient of the dummy variable ‘MPs ? MPsRestrict-

ed ? ParlBody’ in model (2). Though the coefficients of the variables ‘IndepBody’

and ‘MPs ? MPsRestricted ? ParlBody’ indeed have the signs expected from the

perspective of Public Choice theory, they do not reach conventional levels of

statistical significance. The latter also holds for the other MP-pay-method variables

explained above (results not reported here).

However, it is well known that single countries may have a strong leverage on the

findings of cross-sectional regressions including a small number of countries. To

check for this, regression models (1) to (3) have been jackknifed by removing each

country in turn. It turns out that the regression results are sensitive to the inclusion

of Denmark, which has the highest living costs in the EU-27 sample (summary

statistics of ‘living costs’ and the other metric variables used in this study are

provided in the ‘‘Appendix’’ in Table 3). If the Danish case is excluded (see models

6–9), the coefficients of the variables ‘IndepBody’ and ‘MPs ? MPsRestrict-

ed ? ParlBody’ become statistically significant at the 5 or 10 % level and—in line

with McCormick and Tollison (1978)—provide empirical support for the self-

serving-legislators hypothesis (see also the significant partial F tests for the pay

institution variable(s) in models 6–9). For example, holding the factors ‘population

size’ and ‘living costs’ constant, numerically MPs in ‘IndepBody’ systems on

average receive 22,597.10 EUR less basic salary per year (1,883.10 EUR less per

month) than MPs in systems where the latter set their own salaries (see model 6 with

‘MPs’ as the reference category).

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Yet this result has to be interpreted with caution as only in five parliaments (i.e.,

Finland, France, Ireland, Sweden, the UK) do independent wage-setting bodies exist

(we return to this caveat in the conclusion). The size of the data set does not allow as

thorough a statistical analysis as would be ideal. Moreover, it should be mentioned that

the coefficients of the wage-setting variables ‘IndepBody’ and ‘MPs ? MPsRestrict-

ed ? ParlBody’ in models (7) and (8) (narrowly) miss the 10 % level of statistical

significance (p value B 0.1) when these models are jackknifed by removing each

country in turn: Austria (p value of wage-setting variables after removing this

country = 0.154), Finland (0.120), Germany (0.147), Italy (0.200), Netherlands

(0.137), and Sweden (0.112). But the coefficient of the variable ‘IndepBody’ in model

(6) consistently remains statistically significant when this model is jackknifed:

removing Italy, with the highest MP salaries, yields a p value of 0.098; removing any

other single country yields p values between 0.009 and 0.070. Overall, despite the

mentioned caveats, the regression analysis suggests that MP salaries, ceteris paribus,

are systematically higher (lower) in countries where MPs (independent bodies) decide

on MPs’ salaries. The results provide evidence that salary-setting institutions matter,

but the evidence for institutional effects is weaker than expected.

Moreover, Table 2 shows that the socio-economic factors ‘cost of living’ and

‘population size’ help explain the considerable cross-national differences with

respect to MP pay. One may argue that higher MP salaries simply reflect the fact

that living in some European countries is cheaper for citizens (including MPs) than

living in others. In fact, there is a high and statistically significant positive

correlation between the variable ‘living costs’ and MP salaries in current EUR

(Spearman’s q = 0.828; p \ 0.0000; N = 27). Likewise, in all regression models

presented in Table 2, the coefficient of the variable ‘living costs’ has the expected

positive sign and is statistically significant. As a proxy for comparing the cost of

living across nations, Eurostat’s 2012 price level index for private household

consumption expenditure is used. This index considerably varies across EU

countries, ranging from 43.5 in Bulgaria to 144.9 in Denmark (EU-27 = 100).

As mentioned in Sect. 2, a correlation analysis shows that countries with

relatively high standards of living (as measured by GDP per capita) can afford to

pay its legislators higher salaries than less wealthy countries (see also Squire 2008,

analyzing a cross-section of 35 national parliaments in 2005). This effect also

appears in regression model (5) whose R-squared indicates that the GDP per capita

(PPP, current international $) already explains 58 % of the cross-national variation

in legislator salaries (70 % if the outlier Luxembourg with the by far highest GDP

per inhabitant is excluded; see model 11). Nevertheless, to avoid multicollinearity

problems, the GDP per capita has not been included in the regression models (1) to

(3) and (6) to (9): GDP per capita and the variable ‘living costs’ are highly

correlated (Spearman’s q = 0.926; p \ 0.0000; N = 27) and I think that the cost of

living as a ‘common sense’ determinant of legislative pay should be included as a

control variable in such a cross-national analysis.

However, including GDP per capita instead of ‘living costs’ as an alternative

specification, reveals an interesting relationship: while the coefficient for GDP per

capita has the expected positive sign and is statistically significant, the coefficient of

the pay method variable ‘IndepBody’ is insignificant (see model 4)—and remains

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insignificant but has the expected negative sign if the outlier Luxembourg, the

leader of the GDP per capita country ranking, or any other single country (e.g.

Denmark with the highest living costs) is excluded (see e.g. model 10 without

Luxembourg). An explanation of this result is that this specification exhibits a

medium degree of multicollinearity because salary-setting institutions and national

wealth are interdependent. This is indicated by the positive association between the

‘IndepBody’ dummy and ‘GDP per capita’ (log): the point biserial correlation

coefficient is 0.313 (p = 0.1110; N = 27) and 0.455 (p = 0.0194; N = 26) if the

outlier Luxembourg is excluded. Bearing in mind the small-N caveat (see above),

the correlation suggests that wealthier (poorer) democracies are more likely to

liberalize (stick to) their ‘‘wage cartel’’ regimes in the sense of McCormick and

Tollison (1978).8 This is basically in line with Congleton (2011) who argues that an

interdependence exists between the level of economic development and the degree

to which political systems have been reformed towards liberal democracies.

Furthermore, the regressions indicate that MP pay is higher in larger countries in

terms of population size. This finding could be interpreted in the sense that MPs in

larger countries tend to have to care for a larger number of constituents than their

colleagues in smaller countries and, therefore, bear a higher degree of responsibility

(see also Tuttle and Bumpass 2010, analyzing US state governors’ salaries).9 This is

underlined by the fact that there is a high and significant positive correlation

between the variables ‘population’ and ‘citizens per seat’ in parliament (Spearman’s

q = 0.944; p \ 0.0000; N = 27). Moreover, unsurprisingly, ‘population’ is highly

correlated with the sheer ‘number of seats’ in national parliaments (Spearman’s

q = 0.877; p \ 0.0000; N = 27). The latter variable is not included in the

regressions, as this would obviously cause a multicollinearity problem. Overall, the

factors ‘cost of living’ and ‘population size’ together already explain a great deal

(76 %) of the cross-country variation with respect to MPs’ salaries (see the

R-squared in model 9).

To check for the robustness of the results, a number of alternative specifications

were tested. Although MP salaries are significantly lower in East European

countries, an ‘East’ dummy (1 = East European country) is not included as a

control in the regressions in Table 2 because of an obvious multicollinearity

problem: there is a statistically significant negative correlation between the

variables ‘East’ and ‘living costs’ (log). The point biserial correlation coefficient is

-0.816 (p = 0.0001; N = 27). Moreover, including ‘living costs’ instead of ‘East’

leads to a better fit of the regression models. The same applies for the inclusion of

the variable ‘EU membership’ measuring the number of years a country has been an

EU member state: there is a statistically significant positive correlation between this

variable and ‘living costs’ (Spearman’s q = 0.796; p \ 0.0000; N = 27).

According to the ‘‘monitoring hypothesis’’ formulated in McCormick and Tollison

(1978: 75), it can be assumed ‘‘that higher turnouts… reflect greater concern among

8 Note that the correlation between ‘IndepBody’ and ‘GDP per capita’ (log) remains statistically

significant at the 5 % level if each of the ‘IndepBody’ nations (FIN, FRA, IRL, SWE, UK) is excluded in

turn from the EU-26 sample without the outlier Luxembourg.9 An alternative explanation is offered by Squire and Hamm (2005: 86): ‘‘Large populations generate

more income that can be used to finance the legislature, and the costs are spread across more people.’’

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voters about the… earning activities of legislators’’. Thus, we should observe lower

MP salaries in countries with higher turnouts. Testing this hypothesis shows, however,

that MP salaries are higher in EU countries with high rates of voter turnout in the latest

national election (Spearman’s q = 0.610; p = 0.0007; N = 27). The variable ‘voter

turnout’ has not been included in the regressions as a control because of

multicollinearity: voter turnout is higher in countries with a relatively high GDP per

capita (q = 0.778; p \ 0.0000; N = 27) and high living costs (q = 0.745;

p \ 0.0000; N = 27). Another factor that could matter in the context under

investigation is the role of second chambers. For example, in Germany MPs’

decisions on their pay have to be approved by the upper house of parliament

(Bundesrat). However, including a ‘bicameral’ dummy, which gets 1 in the 13

countries in which an upper house of parliament exists, does not substantially change

the regression results reported above. Moreover, one might conjecture that MP salaries

are higher in countries which forbid MPs to earn outside income; but this hypothesis

cannot be tested here as all considered legislatures allow outside earnings.

5 Concluding discussion: ‘de-parliamentarization’ as a role model?

To put an end to the debate about allegedly self-serving legislators who violate the

principle nemo iudex in causa sua and decide on their own salaries, the determination

of MPs’ salaries could simply be delegated to a body independent from MPs. This has

been done in five out of 27 EU countries (i.e., Finland, France, Ireland, Sweden, the

UK). And this could be done in other countries as well. In the German case, for

instance, it would be possible that an independent remuneration commission—which

does not include MPs and whose members are appointed by the German President as

someone who is not a member of parliament or government—sets MPs’ salaries. To

realize this proposal, whose pros and cons have been frequently discussed in the

German public and academic debate (for an overview, see Wiefelsputz 2001),

however, an amendment of the (constitutional) legal rules regulating MP pay would be

necessary—and for such an amendment a two-thirds majority in the German

parliament would be required. In other words, the MPs would have to decide on

whether or not their salary setting should be delegated to an independent commission.

The small number of EU countries with independent remuneration bodies

suggests that MPs, considered as a special interest group (McCormick and Tollison

1978, 1981), have a rather low incentive to abdicate the right and privilege to set

their own compensation voluntarily. At the same time, there might simply not be

enough public pressure to change a country’s established remuneration system

toward a de-parliamentarized system. The negative correlation between the dummy

variable ‘MPs’ (1 = MPs set their wage) and ‘voter turnout’ (in %) in the latest

national election points in this direction; suggesting that a low level of voter turnout

(i.e., a low risk of being sanctioned via the ballot box) creates rather low incentives

for MPs to abandon an existing ‘‘wage cartel’’ regime (McCormick and Tollison

1978). This association is statistically significant at the 5 % level (point biserial

correlation coefficient = -0.379; p = 0.050; N = 27) but, of course, correlation is

not causation. There might be reverse causality because such a regime and its

170 K. Mause

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perceived exploitation by the ‘political class’ (see below) might have a negative

effect on voter turnout.

In retrospect, often only high public pressure and huge political scandals around

MPs’ misconduct have led to substantial changes to the rules of conduct for politicians.

For example, in the UK the 2009 MPs’ expenses scandal was the major trigger for

creating the Independent Parliamentary Standards Authority (IPSA) as an independent

body regulating MP expenses, salaries, and pensions.10 Following the UK example

would surely satisfy the critics of the current salary-setting practices in Austria,

Germany, Greece and many other countries (keyword: ‘self-serving legislators’).

These critics demand a clear separation of powers in this area of the political system.

Though the above regression analysis suggests that, controlling for population

size and living costs, salaries are systematically higher in legislatures in which MPs

to some degree decide on their own salaries, this result has to be interpreted with

caution. On the one hand, only in five of the considered 27 parliaments do

independent wage-setting bodies exist. That is, the observed effect might change

when the sample is extended. On the other hand, due to data limitations, the analysis

had to be based on current MP salaries in a cross-section of national parliaments. In

this cross-sectional analysis, the degree of independence of wage-setting helps

explain the considerable cross-national differences in terms of MP pay. And

banning MPs from setting their own salaries definitely leads to a ‘better’ outcome in

the perspective of democratic theory and its ideal of the separation of powers (nemo

iudex in causa sua). But it should be noted that it is by no means clear that the

delegation to an independent wage-setting body will lead to lower MP salary levels

compared to the status quo ante, which seems to be the expectation or wish of many

critics of the systems in which MPs still set their own compensation.

For instance, in none of those legislatures in the sample, which recently switched

to a regime in which bodies independent from MPs set legislative pay (Sweden in

1994; Ireland 2000; Finland 2003; UK 2013), were MPs’ basic salaries lower after

the regime shift.11 That is, the new independent bodies came to the conclusion that

MPs were not ‘overpaid’ and did not abuse their wage-setting powers as they had in

previous years—quite the contrary: the independent bodies granted MPs a pay rise.

Furthermore, it has to be taken into account that this study could only include

MPs’ basic salaries. The picture might change if the full compensation package is

considered. From the rather ‘unromantic’ perspective of Public Choice theory

(Buchanan 2003), it can be expected that in systems in which legislators set their

own pay, MPs pursue the following pay policy: as they fear popularity and vote

losses, they will try to keep their basic salaries, which are rather easy to identify by

journalists and voters (and Public Choice scholars), at moderate levels—and seek to

10 See e.g., Bell (2010). In its mission statement, IPSA writes: ‘‘Our approach and rules are a clean break

from the old system of self regulation by MPs and the House of Commons. The new rules are fair to MPs

and the public purse, workable and, crucially, transparent—anyone can go online and see what their MP

has claimed for and what they are paid. […] For the first time, an independent body, IPSA, not Parliament

nor the government of the day, is going to determine the package of remuneration that MPs will get’’ (see

http://parliamentarystandards.org.uk, accessed November 21, 2013).11 For more details, see the country information on the Swedish and Irish case in Brans and Peters (2012),

on the Finnish case in Kotakorpi and Poutvaara (2011), and on the British case in Kelly (2013).

Self-serving legislators? 171

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maximize personal income via a complex system allocating certain additional

payments and privileges to the individual MP (cost allowances, per-diem

allowances, accommodation, flight and train tickets, an official car, retirement

benefits, and so on).12 And, in fact, in all legislatures reviewed, MPs get additional

payments on top of their basic salaries. For example, current Italian MPs, among

several other things, receive an allowance of up to 3,503.11 EUR per month to

reimburse the ‘‘costs of living in Rome.’’13

Such practices highlight an important desideratum for further research as, to the

best of my knowledge, up to now no empirical study has convincingly managed to

make these complex and often not-so-transparent parts of MPs’ compensation

packages comparable across a greater number of nations of the considered European

country sample (see also Brans and Peters 2012). To illustrate, under the chapter

title ‘‘Into the Labyrinth,’’ Staronova and Lastic (2012: 265) note in their country

case study that ‘‘[i]t was possible to broadly reconstruct the reward structure of

Slovak HPOs [i.e., high public officials], by using a range of separate laws,

regulations, documents, some of which were declared as confidential (because of the

protection of personal data), some public. The Slovak reward structure is

characterized by its extreme fragmentation, and one has to make various

calculations from secondary data to get an actual idea of how much high officials

really get. One possible explanation is that the whole Slovak reward structure is

meant to be so complicated in order not to be easily understood.’’

So, the transition to an independent salary-setting system in a jurisdiction may

increase the transparency of legislative pay and could be accompanied by a

thorough evaluation of the appropriateness of those parts of a legislator’s

compensation package that are paid in addition to basic salaries. This can be

illustrated by the case of the UK, where the 2009 reform led to a rethinking and

retrenchment of certain privileges (e.g., expense and travel allowances) members of

the House of Commons had before (see e.g., Bell 2010). It can be assumed that an

independent remuneration commission has a stronger incentive to take a critical

look at the different parts of the whole compensation package (and to implement

cuts where necessary) than the MPs themselves.

Acknowledgments The author is grateful to Jennifer Rontganger, Bernd Schlipphak, Ludger

Wortmann, the participants of the European Center for the Study of Public Choice (ECSPC) Conference

‘‘Rethinking the Separation of Powers’’ at the Walter Eucken Institute Freiburg (Germany, May 6–7,

2013), two anonymous referees and the editor, Roger D. Congleton, for their useful comments and

suggestions.

Appendix

See Table 3.

12 In this context, Hood and Peters (1994, 2003) and many others use the ‘iceberg’ metaphor. For

example, Nunberg and Wescott (2003: xiii) speak of a ‘‘largely invisible, compensation ‘iceberg’’’ and

add: ‘‘In democratic contexts, governments fear upsetting constituents who favor egalitarian basic wage

structures, and the ‘real’ rewards are thus obscured beneath the water’s surface.’’13 See http://www.camera.it/leg17/383?conoscerelacamera=4, accessed November 21, 2013.

172 K. Mause

123

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Tab

le3

Sum

mar

yst

atis

tics

of

met

ric

var

iable

s

Var

iable

Obs.

Mea

nS

DM

in.

Max

.S

ourc

eD

escr

ipti

on

MP

sala

ry27

59,7

49.4

33,6

70.3

13,4

07

125,2

20

Ow

nca

lcula

tions

bas

edon

offi

cial

sou

rces

(see

tex

t)

An

nu

alg

ross

bas

icM

Psa

lary

(in

EU

R)

Po

pu

lati

on

27

18

,60

0,0

00

23

,70

0,0

00

42

1,3

64

82

,00

0,0

00

Eu

rost

atT

ota

lp

op

ula

tio

no

nJa

nu

ary

1,

20

13

Liv

ing

cost

s2

79

1.4

28

.14

3.5

14

4.9

Eu

rost

at2

01

2P

rice

lev

elin

dex

for

pri

vat

eh

ou

seh

old

con

sum

pti

on

exp

endit

ure

(EU

-27

=1

00

)

GD

Pp

erca

pit

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73

3,3

21

.31

4,5

48

.71

5,9

32

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1,3

87

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ank

20

12

GD

Pp

erca

pit

a(P

PP

,cu

rren

t

inte

rnat

ional

$)

Nu

mb

ero

fse

ats

27

26

3.9

18

4.1

59

65

0P

arli

amen

tary

web

site

sN

um

ber

of

par

liam

enta

ryse

ats

aso

f

No

vem

ber

21

,2

01

3

Cit

izen

sper

seat

27

51,6

89.5

38,8

89.6

6,1

06.7

133,4

40.9

Ow

nca

lcula

tions

Num

ber

of

citi

zens

per

par

liam

enta

ryse

at

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ter

turn

ou

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76

6.7

14

.93

5.9

93

.0In

tern

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nal

Inst

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tefo

r

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ocr

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and

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nce

(ID

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)

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ter

turn

ou

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late

stn

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n

%)

EU

mem

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ship

27

26.9

21.3

66

1O

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calc

ula

tions

Dura

tion

of

EU

mem

ber

ship

inyea

rs

Self-serving legislators? 173

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