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Keeping Political and Criminal Responsibility Separate

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Keeping Political and Criminal Responsibility Separate Strasbourg, 15 March 2013 CDL-REF(2012)040* Study / Etude No. 682 / 2012 Or. Bil. EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) COMMISSION EUROPEENNE POUR LA DEMOCRATIE PAR LE DROIT (COMMISSION DE VENISE) KEEPING POLITICAL AND CRIMINAL RESPONSIBILITY SEPARATE SÉPARER LA RESPONSABILITÉ POLITIQUE DE LA RESPONSABILITÉ PÉNALE _____ CONSTITUTIONAL (LEGISLATIVE) PROVISIONS DISPOSITIONS CONSTITUTIONNELLES (LEGISLATIVES) *This document has been classified restricted on the date of issue. Unless the Venice Commission decides otherwise, it will be declassified a year after its issue according to the rules set up in Resolution CM/Res(2001)6 on access to Council of Europe documents. *Ce document a été classé en diffusion restreinte le jour de la diffusion. Sauf si la Commission de Venise en décide autrement, il sera déclassifié un an après sa publication en application des règles établies dans la Résolution CM/Res(2001)6 sur l'accès aux documents du Conseil de l'Europe. This document will not be distributed at the meeting. Please bring this copy. Ce document ne sera pas distribué en réunion. Prière de vous munir de cet exemplaire. www.venice.coe.int CDL-REF(2012)040 - 2 - Member Constitutional (legislative) provisions / Dispositions constitutionnelles (législatives) States / Etats High Executive Power / Haut Legislative Power / Pouvoir membres Government / Gouvernement Summary / Résumé pouvoir exécutif législatif 1. Albania Article 90 Article 90 Article 71 H.E.P. (High Executive Power) 1. The President of the Republic is not (…) 2. The mandate of the deputy ends or is - political immunity (non responsible for responsible for actions carried out in the 2. Members of the Council of Ministers enjoy the invalid, as the case may be: actions carried out in the exercise of his exercise of his duty. immunity of a deputy (…) duty) 2. The President of the Republic may be dh. when he is convicted by final court - criminal responsibility for serious dismissed for serious violations of the Article 141 decision for the commission of a crime. violations of the Constitution and for the Constitution and for the commission of a 1. The High Court has original and review commission of a serious crime is on the serious crime. In these cases, a proposal for jurisdiction. It has original jurisdiction when Article 73 initiative of the Assembly and held by the the dismissal of the President may be made by adjudicating criminal charges against the 1. A deputy does not bear responsibility for Constitutional Court. not less than one-fourth of the members of the President of the Republic, the Prime Minister, opinions expressed in the Assembly and the - criminal responsibility for all other Assembly and shall be supported by not less members of the Council of Ministers, deputies, votes given while exercising his functions. This criminal charges against the President is than two-thirds of all its members. judges of the High Court, and judges of the provision is not applicable in the case of held by the High Court of the Republic. 3. The decision of the Assembly is sent to the Constitutional Court. defamation. criminal charges -- High Court (special Constitutional Court, which, when it verifies the 2. A deputy may not be arrested or deprived of jurisdiction) guilt of the President of the Republic, declares freedom in any form, and no personal control or his dismissal from duty. search of his residence can be exercised G. (Government) without authorization of the Assembly. - political immunity (non responsible for Article 135 3. A deputy may be detained or arrested opinions expressed except for 1. The judicial power is exercised by the High without authorization when he is apprehended defamation) Court, as well as by the courts of appeal and in the commission of a crime or immediately - criminal responsibility with the consent courts of first instance, which are established by after its commission. In these cases, the of the Assembly is held by the High law. General Prosecutor immediately notifies the Court of the Republic. Assembly, which, when it determines that the Article 141 proceeding is misplaced, decides to lift the L. P. (Legislative Power) 1. The High Court has original and review measure. - political immunity (non responsible for jurisdiction. It has original jurisdiction when 4. For issues contemplated in paragraphs 2 opinions expressed except for adjudicating criminal charges against the and 3 of this article, the Assembly may discuss defamation) President of the Republic, the Prime Minister, in a plenary sitting in camera, for reason of - criminal responsibility with the consent members of the Council of Ministers, deputies, protection of data. The decision is taken by of the Assembly is held by the High judges of the High Court, and judges of the open voting. Court of the Republic. Constitutional Court. Article 141 1. The High Court has original and review jurisdiction. It has original jurisdiction when adjudicating criminal charges against the President of the Republic, the Prime Minister, members of the Council of Ministers, deputies, judges of the High Court, and judges of the Constitutional Court - 3 - CDL-REF(2012)040 Member Constitutional (legislative) provisions / Dispositions constitutionnelles (législatives) States / Etats High Executive Power / Haut Legislative Power / Pouvoir membres Government / Gouvernement Summary / Résumé pouvoir exécutif législatif 2. Andorra Article 44 Article 74 Article 53 H.E.P. 1. The Coprínceps are the symbol and guarantee The Cap de Govern and the Ministers are subject 1. The members of the Consell General have - political immunity (44) of the permanence and continuity of Andorra as to the same jurisdictional status as the the same representativity, are equal in terms of G. well as of its independence and the maintenance Consellers Generals. rights and duties and are not subject to any - the same juridictional status as the of the spirit of parity in the traditional balanced form of imperative mandate. Their vote is Consellers Generals (74) relation with the neighbouring States. They personal and may not be delegated. proclaim the consent of the Andorran State to 2. The Consellers may not be called to L.P. honour its international obligations in accordance account for votes cast or any utterances - political immunity (53) with the Constitution. made in the exercise of their functions. - criminal responsibility decided by the 2. The Coprínceps arbitrate and moderate the 3. Throughout their term the Consellers may plenary session of the Tribunal de Corts functioning of the public authorities and of the not be arrested or detained, except in the and the trial shall be held by the Tribunal institutions, and are regularly informed of the cases of flagrant delicto. But for that case, Superior affairs of the State by their own initiative, or that their detention and prosecution shall be of the "Síndic General" or the "Cap de Govern". decided by the plenary session of the 3. Except for the cases provided for in this Tribunal de Corts and the trial shall be Constitution, the Coprínceps are immune from held by the Tribunal Superior. suit. The acts of the Coprínceps are under the responsibility of those who countersign them. 3. Armenia Article 56.1 Article 57 Article 66 H.E.P. The President of the Republic shall be The President may be impeached for treason A Deputy shall not be bound by an imperative - political immunity only for actions immune. or other grave crimes. mandate and shall be guided by his regarding his office (56.1) The President of the Republic may not be In order to obtain a conclusion on the motion of conscience and convictions. - criminal responsibility for treason or prosecuted or held liable for actions arising impeaching the President of the Republic, the A Deputy, during and after the term of his other grave crimes. The adoption by the from his status during and after his term of National Assembly shall appeal to the parliamentary powers, may not be prosecuted Constitutional Court of a conclusion office. Constitutional Court by a resolution adopted and held liable for actions arising from his becomes a basis for the adoption of the The President of the Republic may be by the majority of the total number of status, including the opinions expressed by resolution of the National Assembly to prosecuted for actions not connected with deputies. him in the National Assembly, provided these remove the President of the Republic his status after the expiration of his term of The resolution to remove the President of the are not insulting or defamatory. from office by a two-thirds majority vote office. Republic from office shall be passed by the A Deputy may not be involved as an of the total number of deputies. National Assembly by a two-thirds majority vote of accused, detained or subjected to the total number of deputies, based on the administrative liability through a judicial L.P. conclusion of the Constitutional Court. procedure without the consent of the - political immunity for actions regarding In the event when the Constitutional Court National Assembly. their office (66) (non responsible for concludes that there are no grounds for A Deputy may not be arrested without the opinions expressed except for impeaching the President of the Republic the consent of the National Assembly except for defamation) motion shall be removed from the agenda of the cases when he is arrested while committing - criminal responsibility National Assembly; the act of crime. In such a case the Chairman
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