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PARLIAMENTARY IMMUNITY DE LEGE CONSTITUTIONE (Poslanecka imunita de lege constitutione)

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Nikodym D.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

2008

vol. 91

issue 2

85-93

In his article the author refers to the possibilities of the restriction of the Parliamentary immunity with regard to the constitutional acceptance of the division of powers. He compares the legal regulations on the immunity, with a particular focus on the EU member countries before the accession of the transforming Central and East European countries. He states that the Parliamentary immunity in the context of the EU member countries is not a regulation that would directly depart from the European average. The restriction of the procedural immunity however contributes to the quality of the democratic society of the 21st century. The author recommends to use as the basis for the regulation of the Parliamentary immunity de lege constitutione the modified provisions of Constitutions of the Netherlands (indemnity) and Austria - as regards the right of the Parliament to examine in the framework of the procedural immunity whether the prosecution for a crime is or is not related to the political activity of a deputy. The will of the Parliament to the restriction of the Parliamentary immunity is the matter of belief of this representative body in the ideas of the legal state that constitute the principles of legality and impartiality for the public prosecutors and the principles of legality and independence for the judiciary.

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1 Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

1 2008

1 Nikodym D.

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PARLIAMENTARY IMMUNITY DE LEGE CONSTITUTIONE (Poslanecka imunita de lege constitutione)