Parliamentary Immunity in a European Context

01-10-2015

This in-depth analysis was commissioned by the policy department on citizens' rights and constitutional affairs at the request of the JURI committee. It examines the case law of the European Court of Human Rights and the Court of Justice of the European Union on the matter of parliamentary immunity. From this case law, it derives the conclusion that both courts are developing a ‘functional approach’ towards parliamentary immunity. It explains the meaning of this approach both for national systems of parliamentary immunity and for that of the European Parliament.

This in-depth analysis was commissioned by the policy department on citizens' rights and constitutional affairs at the request of the JURI committee. It examines the case law of the European Court of Human Rights and the Court of Justice of the European Union on the matter of parliamentary immunity. From this case law, it derives the conclusion that both courts are developing a ‘functional approach’ towards parliamentary immunity. It explains the meaning of this approach both for national systems of parliamentary immunity and for that of the European Parliament.