Parliamentary privilege

The parliamentary privilege is a provision of the statute of the members of Parliament which has as an aim to protect them within the framework from their functions. A parliamentary form of privilege exists in many countries. In France, it is defined by the Constitution in its article 26. The article concentrates on the case of France.

If it offers indeed a certain protection to the members of the Parlement (National Assembly and Sénat), the parliamentary privilege does not offer a total impunity to them, contrary to a current opinion.

The parliamentary privilege includes/understands two distinct concepts:

- the irresponsibility protects the member of Parliament from very blamed for actions achieved within the framework of its functions: speech, reports/ratios, votes at the Parliament.

- inviolability relates to the extra-members of Parliament activities: a member of Parliament can then be blamed, but its setting in detention within the framework of the instruction is subjected to condition in order to enable him to continue its parliamentary activities.

Irresponsibility for the acts achieved as a member of Parliament

“ No member of the Parliament can be continued, required, decree, held or judged at the time of the opinions or voted by him in the performance of its duties. ” (Constitution of October 4th, 1958, article 26)

The freedom of expression of the Appointed S and the Senator S is thus very large in their interventions in public as in the reports/ratios which they write for the account of their parliamentary room.

This irresponsibility does not cover the remarks made apart from the functions, for example during a discussion with a journalist.

Inviolability for the acts achieved apart from the functions of member of Parliament

A Juge can convene a member of Parliament in the framework of a instruction and the to put in examination. On the other hand, it must obtain the authorization of the Office of the parliamentary assembly to put it in detention or under judicial control throughout instruction. In practice, the office of the National Assembly or the Senate rather often provides this authorization to the judge who asks it.

Inviolability thus relates to the penal continuations but not the civil continuations. A member of Parliament can be continued on the level civil and condemned during the performance of his duties.

Article 26 of the Constitution says more precisely:

“ Aucun member of the Parliament cannot be the object, out of criminal or correctional matter, of an arrest or any other privative or restrictive measurement of freedom that with the authorization of the Office of the assembly of which it forms part. This authorization is not necessary in the event of crime or obvious offense or of final judgment.

Detention, privative or restrictive measurements of freedom or the continuation of a member of the Parliament are suspended for the duration of the session if the assembly of which it forms part requires it.

The interested assembly is automatically joined together for additional meetings to allow, if necessary, the application of the subparagraph ci-dessus. ”

Bonds

Constitution of October 4th, 1958: article 26 relating to the irresponsibility and the inviolability of the members of Parliament

Law of July 29th, 1881 on freedom of the press: relating to the speeches and parliamentary reports

Parliamentary privilege explained on the site of the National Assembly.

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