Acta Universitatis Danubius. Juridica, Vol 3, No 1 (2007)

Abstract

The concept of mandate is a Roman creation. In the public law, we may detect that the mandate itself does no longer abide by the definition or else the peculiarities of the private law mandate. The parliamentary mandate is different from that in the private law in terms of its contents, as all extant rights and obligations are actually settled by the Constitution, the operating regulations of the parliamentary chambers or the election laws in force. From the mere examination of the concept of parliamentary mandate, the following main traits can be derived: the generality, the independence, the immutability. In exercising their own seat, the Members of Parliament ought to enjoy an exclusive protection against virtual assaults, hostilities or pressures with regard to the activities performed. Within the system of M.P. mandate precautions, there can be included incompatibilities, immunities and indemnities.