Home > 1.2.3 Equality and national minorities > TÜRKIYE - Opinion on the Suspension of the Second Paragraph of Article 83 of the Constitution (Parliamentary Inviolability)
 
 
 
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Paragraph 65
 

The Commission is of the opinion that Articles 83 and 85 of the Constitution leave sufficient leeway for simplifying the procedure before the Parliament. In fact, these articles do not impose a detailed procedure. It is the Rules of Procedure of the National Assembly that provide for a preliminary committee that reports to the Joint Committee that in turn reports to the plenary of the Assembly. Such a procedure is certainly immunity-friendly and provides ample guarantees for the deputy concerned but its complexity resulted in the fact that often it was not applied in practice and the National Assembly simply let the mandate of the deputies expire instead. A simplified procedure, where there is only one hearing for the deputy, could be envisaged and would not be unconstitutional as long as the framework of Article 83 is respected.