The status of parliamentarians in the 1958 French Constitution. Comments

Abstract

Abstract:
This article analyses the status of parliamentarians in France and
Spain. From a comparison of the regulations in force in both countries
and their outcome, the highlight in France, despite the prolific regulations
on the subject, is the still persistent accumulation of positions by Members of Parliament, thus increasing absenteeism and the consequential degradation in the operation of Parliament. Furthermore, both countries continue to preserve the classical prerogatives of parliamentarians justified in other periods of history by the conflicts over legitimacy between the Executive and the Legislative Powers. France has taken a step that would be desirable in Spain for the adaptation of the prerogative of immunity (known in Spain as inmunidad and in France as inviolabilité): since 1995, it is possible to bring proceedings against a Member of Parliament without the corresponding authorization by parliament itself (coercive measures do require such authorization).

Also pending transformation nowadays is the institution of
non-accountability (known in Spain as inviolabilidad and in France
as irresponsabilité). Now that freedom of expression is acknowledged
for all citizens, this should cease to protect MPs against lawsuits for
defamation or slander. In both countries, therefore, it is necessary to
adapt the regulations mentioned to those of our neighbour countries
with more advanced norms.