Compromise for Constitutional amends

25/07/2012 19:50

The majority and the opposition agreed for a draft of Constitutional
amends on immunity, a consensus that they expressed even this Tuesday
morning at the Legislation Council.

But which are these? What Constitutional articles will change? Article 73 of the Constitution says that the “MPs cannot be tried without the authorization of the Parliament. The authorization will be asked even when he will be arrested”.

The propositions change in this way: “The MP cannot be arrested and his residence cannot be searched without the authorization of the Parliament”.

In such cases, the agreement between the two major parties foresees that the Parliament can decide through secret votes, while the changes proposed by the DP and the SP foresees that the voting will be open, but behind close doors, in order to protect the information.

Article 126 of the Constitution foresees that the “Constitutional judge cannot be prosecuted without the consent of the Constitutional Court. The Constitutional Court Judge cannot be arrested, unless he is caught in the act or right after committing it. The competent institution notifies the Constitutional Court right away”.

The initial proposition add to this article this paragraph: “The Constitutional Court judges hold no responsibility for the opinions expressed while exerting his duty”.

The other elements added to it are “The Constitutional Court Judge cannot be arrested or have his residence searched without the authorization of the court, unless he is caught in the act or right after committing the act”.

In this case, the General Prosecutor will notify the High Council of Justice, which will decide for removing the measure that has been taken.

The amends come after a strong debate for the immunity issue between the parties. Although they have agreed, it will be difficult to pass these amends within this Parliamentary Session. The opposition requires that besides the immunity there must be a wider approach to the Constitutional amends.

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