الحصانة البرلمانية في النظام الدستوري الجزائري.

Abstract

Trough dealing with the topic of parliamentary immunity in the Algerian constitutional system, we discovered that this latter is a constitutional privilege guaranteed to a member of the parliament and this in accordance with the articles № 109,110,111 of the Algerian constitution, also according to all other worldwide constitutions against any threat one parliamentary member is exposed to during accomplishment of his parliamentary functions. The parliamentary immunity hasn’t been decided in favor of a member for his own person or to honor him, but has been decided due to the high function he exercises and granted to him by the society for representing it next to other organisms, considering him as a representative of the general will. The western countries are the pioneers in this field to enclose the parliamentary immunity. so , Great Britain is its crib trough bill of rights of 1688, passing through France then the other countries . as for Arab countries , they didn’t know a historic process of it, because all these countries were colonized or subordinated to the mandate as Algerian. Parliamentary immunity has two types: 1-An objective one concerning sayings, opinions, statements and other ideas expressed by the member of parliament during the accomplishment of his parliamentary missions, it is an absolute one and this occurs during all parliamentary responsibility . 2-An executive one concerning all penal measures which could be taken against the member like arresting, inspection , detention, it is a relative one because the member might loose it during his parliamentary responsibility in the case of flagrante delicate by example. The parliamentary immunity could be removed from the parliamentary member as we quoted before in the case of flagrante delicate concerning a crime , by the possibility of arresting him and informing the council to it he is affiliated and according to the permission of his president if need be. It could end by the expiration of the parliamentary responsibility or by the death or other reasons which we have seen along this study. Finally, we can say that parliamentary immunity in Algeria need some effective practice because it never witnesses that immunity has been removed from a parliament member except twice and by his concession.