Articles

L'immunité parlementaire : Evolution et aspects nouveaux

Author
  • Guy Soumeryn

Abstract

In Belgian law, parliamentary immunity is stated as a principle under Article 45 of the Constitution. Pursuant to that principle, no prosecution may be started against Members of Parliament without the consent of the House to which they belang, unless they are caught in the act.
This principle, in its application to cases by the Houses, received a new interpretation in recent years. The suspension of the prosecution against a Member of Parliament is naw requested when prosecution does
not seem to be serious, when it would disturb the normal functioning of parliamentary work or whenever there appears to be a political element involved either in the prosecution or in the commitment of the
offense. The present comments primarily deal with the introduction of that new concept of misdemeanour commited under political circumstances.

How to Cite:

Soumeryn, G., (1975) “L'immunité parlementaire : Evolution et aspects nouveaux”, Res Publica 17(1), p.53-67. doi: https://doi.org/10.21825/rp.v17i1.19553

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Published on
30 Mar 1975
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