Loading...
Reassessing parliamentary immunity in the European and Caribbean parts of the Kingdom of the Netherlands: Does size matter?
Citations
Altmetric:
Keyword
Location research
Date
2024-07
Language
en_US
ISSN
ISBN
Collections
Research Projects
Organizational Units
Journal Issue
Abstract
This paper explores whether the parliamentary immunity as it pertains to the various representative democratic institutions within the Kingdom of the Netherlands should be modified to account for variations in size of the relevant community in which the public debate takes place. Parliamentary immunity, as laid down in each of the constitutions of the countries within the Kingdom of the Netherlands and also in assorted statutory laws, provides that the persons partaking in the parliamentary debate (either orally or in writing) do not face civil nor criminal liability for the communications expressed within this setting.
This paper will first explore - through doctrinal research of laws and case law - the current regulation of immunity for democratic representatives on the municipal, provincial and national level of the country of the Netherlands as well as in the Caribbean countries and special municipalities within the Kingdom of the Netherlands. This paper will further examine whether balancing parliamentary immunity and its legitimate aims against the fundamental right of access to justice (art. 6(1) ECHR; art. 47 CFR), along with the particular vulnerabilities involved with public debate in a small society, warrants a revision of parliamentary immunity in (certain parts of) the Kingdom or the introduction of alternative procedures.
Citation
Huiskes, B. (2024). Reassessing parliamentary immunity in the European and Caribbean parts of the Kingdom of the Netherlands: Does size matter? Conference presentation at ICON.s 2024.
Sponsorship
Publisher
Journal
ICON.s 2024
Target group
URI
https://hdl.handle.net/20.500.14473/1337