Publication details

Parlamenti függetlenség és mentelmi jog a Cseh Köztársaság Alkotmánybíróságának esetjogában

Title in English The autonomy of the parliament and parliamentary immunity in thecurrent case law of the Constitutional Court of the Czech Republic


Year of publication 2016
Type Article in Periodical
Magazine / Source Parlamenti Szemele
Keywords Autonomy of the Parliament; Parliamentary Immunity
Description Last year, after a previous decision of the Czech Supreme Court, the Czech Constitutional Court issued two statements regarding the question of the autonomy of the parliament and the scope of immunity of MPs. According to the Constitutional Court, the bodies of the chambers of the parliament do not make decisions as public authorities while exercising their disciplinary power, and their decisions are not subject to judicial review. This means that the decision is also a manifestation of the autonomy of the parliament. In addition, the Constitutional Court, in the justification of a constitutional complaint they refused, argued that parliamentary immunity is an exception to the principle of equality before the law, where parliamentary immunity belongs to the parliament as a whole. Therefore, in the event of indemnity, it is the parliament as a forum of debate among deputies and senators that is protected primarily. Both cases lead us to think about the question whether it is desirable to exempt deputies and senators from both criminal and administrative law sanctions.

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