The Legal Framework for Procedural Immunity of Members of Parliament

Abstract

        Procedural immunity is a fundamental guarantee granted to members of the legislative authority to enable them to perform their duties with freedom and independence, without fear of judicial accountability for their opinions or actions during the exercise of their parliamentary functions. This immunity typically includes protection from arrest or prosecution during parliamentary sessions, except with the permission of the legislative body itself, with certain exceptions such as being caught in the act of committing a crime. Legal systems vary in their regulation of such immunity: some grant it broadly, while others impose strict limitations. The research addresses the legal and constitutional dimensions of this immunity and highlights the balance between protecting parliamentary work and upholding the rule of law, supported by comparative judicial practices.

In Iraq, Article 63/Second of the Constitution regulates immunity, granting members of parliament protection from judicial proceedings during parliamentary sessions, except with prior permission from the parliament, with the exception of cases of flagrante delicto. This is similar to the Egyptian system. Some systems, such as the French system, restrict immunity more strictly, involving judicial authorities in assessing the need to lift it, thus achieving a better balance between immunity and the rule of law.

Legislative loopholes exist in some countries, including Iraq, related to the lack of clear criteria for lifting immunity, which could lead to its use as a political tool to obstruct accountability.