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Parliamentary Immunity in a European Context

Hĺbková analýza 01-10-2015

This in-depth analysis was commissioned by the policy department on citizens' rights and constitutional affairs at the request of the JURI committee. It examines the case law of the European Court of Human Rights and the Court of Justice of the European Union on the matter of parliamentary immunity. From this case law, it derives the conclusion that both courts are developing a ‘functional approach’ towards parliamentary immunity. It explains the meaning of this approach both for national systems ...

Parliamentary Immunity in Italy

Hĺbková analýza 01-10-2015

This in-depth analysis was commissioned by the policy department on citizens' rights and constitutional affairs at the request of the JURI committee. It proposes to view the legal basis and practical developments of parliamentary privilege in Italy, providing an insight into the peculiarities of the country’s experience, with reference also to recent cases.

Parliamentary Immunity in Poland

Hĺbková analýza 25-09-2015

Upon request by the JURI Committee, this in-depth analysis examines the immunity of Polish parliamentarians, i.e. Deputies to the Sejm and Senators. It describes forms of immunity, their scopes, taking into account the jurisprudence of the Polish Supreme Court and the Polish Constitutional Tribunal, as well as parliamentary procedures regarding waiving or defending the immunities. It also includes a description of legal and practical problems related to an ordinary application of immunity rules. ...

The note provides an overview of the legal framework governing MEPs immunity and outlines the main diferences between absolute and relative immunities as regards the scope and procedures.

Upon request by the Legal Affairs Committee, this handbook describes the national rules on the composition of the governments and parliaments of each of the Member States of the European Union and provides an overview of the national rules on parliamentary immunities. It further lists the national authorities that are competent to request the waiver of MEPs immunity, as identified after consultation with the Member States. This text will be updated regularly, on the basis of information received ...

The first part contains detailed information on the parliamentary immunity systems in force in the three new Member States. The second part of the study deals with the other Member States of the Union and the European Parliament and contains the main legislative texts currently in force and in particular the relevant extracts from the constitutional texts and the rules of procedure of the parliamentary assemblies.