Home > 5.3 Validity of the question > TÜRKIYE - Opinion on the Amendments to the Constituion Adopted by the Grand National Assembly on 21 January 2017 and to be Submitted to a National Referendum on 16 April 2017
 
 
 
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Paragraph 63
 

Second, despite not being members of parliament, Vice-presidents and ministers during the term of office enjoy parliamentary immunity as stipulated in Article 83 of the Constitution (Article 106(11)). The extension of parliamentary immunity to ministers who are not MPs already exists under the current Constitution. The very complex procedure of impeachment which will be examined below will be applicable to Vice-presidents and ministers only for “task-related offences” (Article 106(6)). The Venice Commission recalls that “The concept of parliamentary immunity is an integral part of the European constitutional tradition, as demonstrated by the fact that all European countries have some form of rules on this, which often date back a long time in history. The main feature is that members of parliament (emphasis added) are given some degree of protection against civil or criminal legal rules that otherwise apply to all citizens. The basic idea is that the elected representatives of the people need certain guarantees in order to effectively fulfil their democratic mandate, without fear of harassment or undue charges from the executive, the courts or political opponents.” Granting parliamentary immunity to non-elected officials exercising executive functions, thus weakening their ordinary criminal liability (in order to prosecute them, it will be necessary either to lift the parliamentary immunity during their office or to wait until its expiry) entails a breach of the principle of equality which is not justified within the framework of a democratic presidential system.