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Typus
KomplettPlagiat
Bearbeiter
SleepyHollow02
Gesichtet
Yes.png
Untersuchte Arbeit:
Seite: 12, Zeilen: 1-17
Quelle: Wright 2007
Seite(n): 10, 11, Zeilen: 10: 26ff; 11: 1ff
Members of the French Parliament have long been immune from action on account of their statements in Parliament. The relevant term is best translated into English in this context as ‘non-accountability’.39 The Clerk of the French Senate has observed that this immunity was a legacy of a tradition created over past centuries by the British Parliament.40 The effect of the immunity is that members cannot be prosecuted or tried elsewhere on account of their statements or votes in Parliament.41 It has been set out in successive French constitutions, Article 26 of the 1958 Constitution providing: No Member of Parliament may be prosecuted, searched for, detained or be subject to judgment on the basis of opinions of opinions expressed or votes cast by him in the exercise of his duties.42 Courts have been required to determine issues such as whether the repetition outside parliament by members, or by broadcast, of remarks made in Parliament are protected by force of this provision (they have been found not to be protected).43

It is notable that the form of words “…No Member may be prosecuted…” is in contrast to the Bill of Rights with its reference to the activity “proceedings in Parliament”. This may mean that questions such as whether other persons (for example committee witnesses) were covered by the immunity were more open [there.]


39 Mme Ponceau, Privilges and Immunities in Parliament, The Association of Secretaries General of Parliaments (ASGP) meeting 17-19, October, 2005, http://www.asgp.info/ Resources/Data/Documents/ MSUMEOMVPXKTACUJDEWNDNORPOBTYP.pdf.

40 Id.

41 Id.

42 Id.

43 Id.

4.11 Members of the French Parliament have long been immune from action on account of their statements in Parliament. The relevant term is best translated into English in this context as ‘non-accountability’46. The Clerk of the French Senate has observed that this immunity was a

[Seite 11]

legacy of a tradition created over past centuries by the British Parliament47.

The effect of the immunity is that members cannot be prosecuted or tried elsewhere on account of their statements or votes in Parliament48. It has been set out in successive French constitutions, article 26 of the 1958 constitution providing:

No Member of Parliament may be prosecuted, searched for, detained or be subject to judgment on the basis of opinions of opinions expressed or votes cast by him in the exercise of his duties49.

Courts have been required to determine issues such as whether the repetition outside parliament by members, or by broadcast, of remarks made in Parliament are protected by force of this provision (they have been found not to be protected)50.

4.12 It is notable that the form of words …’No Member may be prosecuted…’ is in contrast to the Bill of Rights with its reference to the activity ‘proceedings in Parliament’. This may mean that questions such as whether other persons (for example committee witnesses) were covered by the immunity were more open there.


46 At a conference in 2005 the Secretary-General of the French Senate, Mme Ponceau presented a paper on parliamentary immunities. Unfortunately for a time the translators used the term ‘parliamentary irresponsibility’ to describe this immunity: ASGP meeting 17-19 October 2005, minutes pp 57-70.

47 Ibid, p 64.

48 Ibid, p 64.

49 Ibid, p 59.

50 Ibid, p 65.

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Sichter
(SleepyHollow02), Hindemith

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