Res Publica |
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Article | L'immunité parlementaireEvolution et aspects nouveaux |
Authors | Guy Soumeryn |
DOI | 10.5553/RP/048647001975017001053 |
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Guy Soumeryn, "L'immunité parlementaire", Res Publica, 1, (1975):53-67
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 doesnot 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 theoffense. The present comments primarily deal with the introduction of that new concept of misdemeanour commited under political circumstances. |