Droit constitutionnel; Immunités parlementaires; Droits de l'homme; Droits fondamentaux; Séparation des pouvoirs; Cour européenne des droits de l'homme; Selahattin Demirtas; Human rights; Parliamentary immunities; Separation of powers
Abstract :
[en] The aim of this research is to link the contribution of parliamentary immunities to the separation and balance of powers on the one hand and their interaction with human rights on the other. We will try to answer the following two questions: How do parliamentary immunities interact with human rights and what influence can these interactions have on the relationship between parliament, MPs, and the judiciary? In order to try to answer these questions, we focus primarily on the case law of the European Court of Human Rights. There are three possible interactions that can, in our opinion, exist between human rights can and parliamentary immunities. Human rights can be used to challenge, but also to consolidate parliamentary immunities. They can also compete with or, depending on the circumstances, (partially) substitute parliamentary immunities. The contribution explains what these interactions mean in terms of separation of powers between Parliament, member of Parliament and the judiciary. See also my presentation of this paper, which elaborates further on the influence of public opinion and the situation of opposition members: https://hdl.handle.net/2268/297241
