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Parliamentary immunity: Czech legal regulation in force in the European context
Částková, Eva ; Syllová, Jindřiška (referee) ; Suchánek, Radovan (referee)
This rigorous thesis is dedicated to the topic of the parliamentary immunity focusing on both of its parts - i. e. irresponsibility and inviolability. Parliamentary immunity is comprehended as purely functional instrument designated for the protection of the parliament as a whole and not only of its individual members. The thesis is especially devoted to the analysis of the legal regulation of the parliamentary immunity in force laid down in the article 27 of the Constitution of the Czech Republic taking in account relevant opinions of the Czech legal law researchers and appropriate judicial decisions. It also points out the relevant parts of the legal regulation of parliamentary immunity in foreign countries for comparison as well as the practice of the European Court of Human Rights. In order to take in account all aspects of this topic, the author adverts to the historical evolution and tries to outline possible solutions of some questions connected with parliamentary immunity. Special part of the thesis focuses on the parliamentary immunity in the European Parliament. In the conclusion the author considers that parliamentary immunity has still its importance, especially the irresponsibility and consequently takes a think on de lege ferenda legal regulation.
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Parliamentary immunity: Czech legal regulation in force in the European context
Částková, Eva ; Syllová, Jindřiška (referee) ; Suchánek, Radovan (referee)
This rigorous thesis is dedicated to the topic of the parliamentary immunity focusing on both of its parts - i. e. irresponsibility and inviolability. Parliamentary immunity is comprehended as purely functional instrument designated for the protection of the parliament as a whole and not only of its individual members. The thesis is especially devoted to the analysis of the legal regulation of the parliamentary immunity in force laid down in the article 27 of the Constitution of the Czech Republic taking in account relevant opinions of the Czech legal law researchers and appropriate judicial decisions. It also points out the relevant parts of the legal regulation of parliamentary immunity in foreign countries for comparison as well as the practice of the European Court of Human Rights. In order to take in account all aspects of this topic, the author adverts to the historical evolution and tries to outline possible solutions of some questions connected with parliamentary immunity. Special part of the thesis focuses on the parliamentary immunity in the European Parliament. In the conclusion the author considers that parliamentary immunity has still its importance, especially the irresponsibility and consequently takes a think on de lege ferenda legal regulation.
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Parliamentary immunity: Czech legal regulation in force in the European context
Částková, Eva ; Syllová, Jindřiška (referee) ; Suchánek, Radovan (referee)
This rigorous thesis is dedicated to the topic of the parliamentary immunity focusing on both of its parts - i. e. irresponsibility and inviolability. Parliamentary immunity is comprehended as purely functional instrument designated for the protection of the parliament as a whole and not only of its individual members. The thesis is especially devoted to the analysis of the legal regulation of the parliamentary immunity in force laid down in the article 27 of the Constitution of the Czech Republic taking in account relevant opinions of the Czech legal law researchers and appropriate judicial decisions. It also points out the relevant parts of the legal regulation of parliamentary immunity in foreign countries for comparison as well as the practice of the European Court of Human Rights. In order to take in account all aspects of this topic, the author adverts to the historical evolution and tries to outline possible solutions of some questions connected with parliamentary immunity. Special part of the thesis focuses on the parliamentary immunity in the European Parliament. In the conclusion the author considers that parliamentary immunity has still its importance, especially the irresponsibility and consequently takes a think on de lege ferenda legal regulation.
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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...
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