On the Procedural Prerogatives. Is the Extension of the Privileged Jurisdiction Constitutionally Justified in Spain?
DOI:
https://doi.org/10.36151/td.2021.023Keywords:
Constitutional prerogative, parlamentary privileges, freedom of speech (inviolability), freedom from arrest (inmunity), privileged jurisdictionAbstract
The Spanish Constitution recognizes some traditional parliamentary privileges and extends one of them, in particular the privileged jurisdiction, to Prime Minister and other Government Ministers. That is all. Then, differents Acts, state and federals, extend the privilege jurisdiction to other autorities and certain goverment employees. So actually the number of protected persons for the privilege jurisdiction is too extensive, and occupies a prominent place in media debates and political proposals for a democratic regeneration in Spain. These questions represent the aim of this work. The debate calls in question the nature, foundation, and subjetive sphere, and reach a conclusion about its need to review the privileged jurisdiction, reducing the institution to ensure the best adaptation to whole constitutional system.
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