On the Procedural Prerogatives. Is the Extension of the Privileged Jurisdiction Constitutionally Justified in Spain?

Authors

  • Gema Rosado Iglesias Senior Lecturer of Constitutional Law, Universidad Carlos III de Madrid

DOI:

https://doi.org/10.36151/td.2021.023

Keywords:

Constitutional prerogative, parlamentary privileges, freedom of speech (inviolability), freedom from arrest (inmunity), privileged jurisdiction

Abstract

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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Published

2021-12-31

How to Cite

Rosado Iglesias, G. (2021). On the Procedural Prerogatives. Is the Extension of the Privileged Jurisdiction Constitutionally Justified in Spain?. Teoría & Derecho. Revista De Pensamiento jurídico, (31), 110–133. https://doi.org/10.36151/td.2021.023