اشكالية التنازل عن الحصانة البرلمانية في التشريع الجزائري

Abstract EN

The algerien constitutional founder has approved a constitutional mechanism whose content is evident in the possibility of a parliamentarian waive his immunity voluntarily, according to which his immunity is lifted, and it entails his penal follow-up if approved, it is this way, even if it was constitutionally enshrined ( approved by a constitutional text ), but its activation faces many difficulties.

The objectives of this study are to identify the conceptual determinants of the mechanism of a nembers waiver of his parliamentary immunity general, then, clarifying the problems of embodiment in the field in the light of the ambiguity and complexity defined by this term ( the waiver ), through which they show several results, starting with the approval of the penal follow-up against the waiver, thus, is becomes like ordinary individuals subject to criminal follow-up without legal impediment, and ends with the need to work on unifying constitutional work in line with what has been reached by comparative legal studies organizing the problem of lifting parliamentary immunity.