Acta Universitatis Danubius. Juridica, Vol 14, No 2 (2018)

Abstract

This research aims to study the parliamentary immunity and its relation with principles of democracy, by providing concrete explanations on how this matter is regulated in Kosovo. This work does not insist on classical interpretations, but it rather aims for better understanding of the conceptual history of the parliamentary immunity, intending to leave aside its abstract dimensions and analyzing it as an institution with strict and applicable rules and practices. This research examines the close relationship between parliamentary immunity and human rights as seen under the light of interpretations of European Court for Human Rights (ECHR) and Kosovo’s Constitutional Court. It is argued further that parliamentary immunity is essentially a national phenomenon which belongs to constitutional norms that regulate national institution’s competences and functions. However, as with many other law institutes, even the parliamentary immunity has not been immune to “law internationalization”. Despite the fact that European countries have different approaches to parliamentary immunity, they are all subjects of norms deriving from the European system of human rights.