The course of parliamentary discipline: Brief remarks on the ECHR Judgment Karácsony and others v. Hungary (17 May 2016)

Authors

  • Sylvia Martí Sánchez

DOI:

https://doi.org/10.18042/cepc/redc.113.10

Keywords:

Parliament, parliamentary discipline, sanctions, freedom of expression, procedural safeguards.

Abstract

In the case of Karácsony and Others v. Hungary the European Court of Human Rights held, unanimously, that the fines imposed on Hungarian MPs from two opposition parties who had disrupted parliamentary proceedings violated art. 10 (freedom of expression) of the European Convention on Human Rights. The Court held in particular that at the relevant time there had been no provision under the domestic law enabling an MP sanctioned in disciplinary proceedings to be involved in those proceedings and to be heard. This decision challenges traditional views of parliamentary autonomy and may have a considerable impact on the style parliamentary proceedings and debates are conducted.

Issue

Section

JURISPRUDENCE. CRITICAL STUDIES