Freedom of expression, parliamentarians, French Constitution, Article 26, Constitutional Council, democracy, representative democracy, constitutional rights, elected officials, public life moralization
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Abstract
The freedom of expression of parliamentarians is a fundamental right protected by the French Constitution, specifically under Article 26, ensuring their ability to exercise their mandate without undue restriction.
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[...] It reflects the will of the Constitutional Council to impose pertinently the protection of parliamentarians not only against the constraints they might impose on themselves, but also against those emanating from the executive power. Thus, the constitutional principle of the «liberty of members of Parliament in the exercise of their mandate» appears clearly appears as an essential regulatory principle for the proper functioning of public powers11 and to the preservation of representative democracy. Conclusion In summary, the jurisprudence of the Constitutional Council has been decisive in consecrating and protecting the freedom of expression of parliamentarians in France. [...]
[...] It has made several decisions that have affirmed and reinforced the freedom of expression of parliamentarians. These decisions have not only consolidated the legal framework of this freedom but have also served as a springboard for the interpretation of laws and parliamentary practices. Through its decisions, the Constitutional Council has, for example, affirmed freedom of expression as a fundamental right. In its decision n° 84-181 DC of 11 October 1984, the Council qualified freedom of expression as " fundamental freedom, all the more precious because its exercise is one of the essential guarantees of respect for other rights and freedoms and national sovereignty »6. [...]
[...] The consecration of their freedom in the Constitution is not only a formal guarantee; she is the foundation on which the exercise of representative democracy rests. The freedom of expression of parliamentarians is thus recognized as an extension of democracy itself. Historical and Constitutional Foundations The freedom of expression of parliamentarians finds its roots in historical and constitutional traditions1. Historically, this freedom has been consecrated to ensure that representatives of the people can express their opinions without fear of repression, thus reflecting the will of those they represent. [...]
[...] If Article 11 sets the principle of freedom of expression, it is Article 26 of the Constitution of the Ve French Republic, which specifically guarantees the freedom of expression of parliamentarians in the exercise of their functions. More precisely, the'article 26 of the Constitution as amended by constitutional law n°95-880 of 4 August 1995, states that ' No member of Parliament can be prosecuted, searched, arrested, detained or judged on account of the opinions or votes expressed by him in the exercise of his functions »4. [...]
[...] This freedom is therefore not absolute and can be restricted to protect public order and the rights of others7. Balance between freedom and responsibility The Law for Trust in Political Life of 15 September In 2017, it also illustrates the influence of the Constitutional Council's decisions on the effective exercise of parliamentarians' freedom of expression. This law, in fact, introduced new constraints for parliamentarians, but the Council ensured that these constraints did not compromise the freedom of parliamentarians in the exercise of their mandate, thus affirming the need for a balance between the moralization of public life and the respect of the constitutional rights of elected officials8. [...]
