Parliamentary guarantees in Spanish constitutional experience

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Pablo Lucas Murillo de la Cueva

Abstract

The following article explains the parliamentary privileges – immunity from arrest and prosecution, immunity for opinions expressed in the exercise of duties and privileged jurisdiction (aforamiento) – established in Article 71 of the Spanish Constitution. These privileges are analyzed from an objective conception in relation to their rationale and justification (which is why the common expression “parliamentary prerogatives” is not used in this article). Parliamentary privileges are examined in relation to the latest national and international judicial pronouncements on the issue, as well as comparatively at the national, regional and European level.

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Keywords

parliamentary privileges, immunity from arrest and prosecution, European Parliament, Autonomous Communities Parliaments, privileged jurisdiction, immunity for opinions expressed in the exercise of duties

How to Cite

Parliamentary guarantees in Spanish constitutional experience. (2020). Journal of the Cortes Generales, 108, 131-175. https://doi.org/10.33426/rcg/2020/108/1484

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Articles