Parliamentary immunity in France
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These dispositions are somewhat controversial, following abuse of such privileges.
Irresponsibility
Members of the Parliament may not be sought, prosecuted, judged or imprisoned for actions that they have accomplished within their duties as parliamentarians. In particular, parliamentarians are immune from prosecution for defamation committed in the exercise of their functions. This includes speeches and votes in public sittings of the assemblies, law proposals, amendments, as well as reports and other actions commissioned by parliamentary instances. This, according to the jurisprudence, does not include interviews on broadcast radio, nor does it include reports commissioned by the executive branch – since such actions are not specific to the duties of a parliamentarian.
For interventions in public sitting, members of parliament are however still subject to the disciplinary rules of their assembly.
There is no way to lift this irresponsibility clause, and the parliamentarian himself or herself cannot renounce it. The termination of the parliamentary term does not allow the prosecution of former parliamentarians for actions committed within their parliamentarian duties.
Inviolability
While members of parliament are not criminally responsible for their actions as parliamentarians, they are, however, responsible for their actions as private citizens. There are, however, strong limitations as to their prosecution.
Members of Parliament may be arrested or otherwise deprived of their freedom, or face restrictions thereof, only with the permission of the desk of their assembly. This authorization is not needed in case of a flagrant felony (e.g. the parliamentarian was caught red-handed) or in case of a definitive condemnation by a court of law. The assembly of which the parliamentarian is a member may oppose any such measure for the duration of the parliamentary session.
Requests for the arrest or detention of a parliamentarian are issued by the general prosecutor of the competent
Controversy
The topic of parliamentarian immunity is somewhat controversial in France, especially in the context of scandals of corruption or graft involving politicians. Many resent such a mechanism, in which some influential members of society enjoy special rights and are not made accountable for their own actions.
In 2004,
Likewise, in early 2005, the idea was suggested that former
References
- ^ "Parlement de la Ve République". www.droitconstitutionnel.net. Retrieved 2021-01-07.