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Legal guarantees ensuring independent exercise of the parliamentary mandate
Částková, Eva ; Reschová, Jana (advisor) ; Jičínský, Zdeněk (referee) ; Gronský, Ján (referee)
This PhD. thesis is dedicated to the legal regulation of instruments presenting guarantees of the independence of the member of parliament during the performance of his/her functions. The aim of this thesis is in particular to present a comprehensive picture of the topic concerning protection of independent performance of the parliamentary mandate, evaluate the Czech legal regulation in force and, last but not the least, to find an answer to the question to what extent is the Czech legal regulation in force complete and effective as well as present possible alternatives de lege ferenda. Member of parliament must be independent with regard to all aspects of the exercise of his/her mandate. Independency of the member of parliament is necessary precondition for his/her ability to exercise the mandate in such a way, which will enable him/her to face external pressures, not only from the state bodies, but also from other subjects or phenomenons. Instruments protecting independent performance of the mandate also support the possibility of members of parliament to fulfil their role freely and as a result to constitute working parliament. Presented PhD. thesis deals with the topic of parliamentary immunity, particular focus is put on the part presenting protection of freedom of voting and freedom of...
The law applicable to the interception of communications of parliamentarians in selected European states (and the connection to the issue of parliamentary immunity): Study 1.227
Vlčková, Marie ; Havlenová, Jitka ; Syllová, Jindřiška
From the foregoing sources we may summarize that most of the analyzed countries allow wiretapping of MPs under the same conditions as other citizens (how the police intercepts so the intelligence ones). Only in limited number of countries the parliamentary immunity covers wiretapping. In that case there is necessary to obtain approval for wiretapping of an MP of some authority of Parliament. In a few countries, the interception of MPs has special regime. The permission must be approved by the specific body (court) other than the parliamentary chamber, however, different from the authority that permits the wiretapping of other citizens. Regarding the supervisory authority of wiretapping, most states have no such parliamentary body. Mostly post-socialist states have some parliamentary supervisory body dealing with wiretapping of secret services (committee).
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