The Delimitation of Parliamentary Privileges in Germany

Abstract

The article reviews the situation of parliamentary privileges in Germany, focusing on the Pofalla II case. This case was decided in 2001 by the German Constitutional Court and marked a milestone. The Constitutional Court, reaffirming the usefulness of parliamentary privileges as a way to preserve the representativeness and functioning of Parliament, limited the margin of appreciation of Parliament as to the decision to lift the immunity of members of Parliament (MPs) and recognised them an entitlement to get a non-arbitrary decision by the German Constitucional Court about their immunity, thus based on their constitutional status and, specifically, on their freedom of mandate. This MP status can also be linked to freedom of speech of MPs in Parliament.