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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Roberto González Aláez

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.

Article Details

Keywords:
parliamentary immunity, right to respect for private life, separation of powers, principle of subsidiarity, parliamentary autonomy
How to Cite
González Aláez, R. (2025). 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. Journal of the Cortes Generales, (120), 487-501. https://doi.org/10.33426/rcg/2025/120/1895

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Section
European case law with commentaries