The extent of parliamentary immunity and its impact on individual rights Commentary to Judgment of the European Court of Human Rights in Green v. the United Kingdom, of 8 April 2025

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Cubierta RCG nº 120
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Published: 2025-12-30
DOI: https://doi.org/10.33426/rcg/2025/120/1895

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Roberto González Aláez
Complutense University of Madrid image/svg+xml
https://orcid.org/0000-0003-4093-2868 (unauthenticated)

Abstract

The European Court of Human Rights has ruled on a case brought by an person who claims that several of his rights were violated as a result of statements made in the House of Lords of the United Kingdom, in which information was disclosed that was restricted by a court order.
The judgment carries out a balancing test based on constitutional principles, in contrast to the rights potentially affected. As a result, the Court determines that parliamentary prerogatives pursue a legitimate aim, impose certain restrictions on some rights that are proportionate, and that decisions regarding their scope and limits fall within the margin of appreciation of Member States in matters of parliamentary law.

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Keywords

parliamentary immunity, right to respect for private life, separation of powers, principle of subsidiarity, parliamentary autonomy

How to Cite

The extent of parliamentary immunity and its impact on individual rights: Commentary to Judgment of the European Court of Human Rights in Green v. the United Kingdom, of 8 April 2025. (2025). Journal of the Cortes Generales, 120, 487-501. https://doi.org/10.33426/rcg/2025/120/1895

Issue

Num. 120 (2025): Second Term

Section

European case law with commentaries
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