Riflessioni sulla ragionevole applicazione dell'insindacabilità parlamentare

The recent case of Onorato v Italian Republic provided the European Court of Human Rights (ECtHR) with an opportunity to point out the controversial relationship between the parliamentary rights, especially absolute immunity, and the exercise of jurisdiction to protect legal rights. The constitutional rule that grants absolute immunity for freedom of speech and freedom to vote to members of Parliament (art. 68, comma 1, Costit.) for their duties as legislators, as implemented by the national legislation (art. 3 L. 140/2003), can be easily seen as an infringement on the fundamental right to a fair trial (art. 6.1 ECHR ). Since there is no practice related to a systematic evaluation about that, the set of rules that provides an automatic inhibition of legal proceedings as consequence of the Chamber’s statement of immunity seems to be not enough to ensure a balance between the right to seize the Court and prevention of potential abuse made by members of Parliament. Moreover the deci