THE PARADOX IN THE ECHR: THE DEPUTY CANNOT WAIVE THE PARLIAMENTARY IMMUNITY (ECHR, CARDS AGAINST TURKEY (KART V. TURKEY) (NO. 917/05))
Journal: Science Journal "NovaInfo" (Vol.3, No. 41)Publication Date: 2016-03-01
Authors : Boshno Svetlana Vladimirovna;
Page : 120-123
Keywords : PARLIAMENTARY IMMUNITY; HUMAN RIGHTS; THE ECHR; THE EUROPEAN COURT; CARDS; THE IMMUNITY OF PARLIAMENTARIANS; CONVENTION; PARLIAMENTARY IMMUNITY;
Abstract
The adoption of the decision on deprivation of immunity a member of the legislature, was adopted by the house in adopting the procedure. The immune system is part of the parliamentary status and is based on legislation. The national legislation establishes rights and duties of a member of the legislature. In relation to the Russian parliamentary practice, a question often arises about the possibility of failure of the MP of his immunity for the conduct in respect of his investigation. Preventing these disputes in the field of the Russian law and the ECHR in the case of Cards against Turkey came to the conclusion about the impossibility of individual decisions on removal of immunity.
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