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IMMUNITY OF THE DEPUTIES OF THE EUROPEAN PARLIAMENT (Imunita poslancov Europskeho parlamentu)

100%
Hodas M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2008
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vol. 91
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issue 1
30-46
EN
The parliamentary immunity is a frequently discussed question in the democratic society. It is wrong to consider this institute as a privilege of an individual. The reason of the existence of the immunity is the interest of the society in the proper functioning of the parliament as an institution making law that must be observed by the society as a whole. This interest of the society is higher than the individual interest damaged by a sound and necessary immunity. The justified interest of an individual exceeding the interest of the society in the proper functioning of the parliament is manifested by the restriction of immunity. The legal regulation of the imunity of the European Parliament is rather complicated, obsolete and insufficient, but also inspiring. The application practice tries at least partially to remove the legal vacuum by the establishment of principles of the immunity of deputies of the European Parliament, that are aimed to interpret the vague provisions regulating the imunity or to create conditions for making of internal legal regulations on the immunity. The decision-making activity of the European Parliament and of the Court of Justice of the European Communities have a very positive influence on the matters of the immunity, that underlines the functionalistic character of the immunity.
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