Implementation of public and civil actions with regard to immunities
A cross-check of parliamentary immunities under Congolese positive law
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When the floor triggers the action, it is completely independent. Even the Minister of Justice's power of injunction is only a power to instigate or initiate public action in certain cases. Immunities are rights for MPs and provide them with a legal regime that derogates from ordinary law in order to preserve their freedom and independence in the exercise of their functions. These rights, which are recognized to him or her, are listed in Article 107 of the Constitution, but within the limits of the latter, a Member who infringes the law may be prosecuted; in such cases, MPs must be careful if ...
When the floor triggers the action, it is completely independent. Even the Minister of Justice's power of injunction is only a power to instigate or initiate public action in certain cases. Immunities are rights for MPs and provide them with a legal regime that derogates from ordinary law in order to preserve their freedom and independence in the exercise of their functions. These rights, which are recognized to him or her, are listed in Article 107 of the Constitution, but within the limits of the latter, a Member who infringes the law may be prosecuted; in such cases, MPs must be careful if they wish to express opinions outside the scope of parliamentary work. The question as developed did not take into account the notion of flagrante delicto because it does not in any way limit the prosecution, which is automatic. The limits of the implementation of public action lie at the level of ordinary procedure. Thus, direct summons is also among the methods of referral to a representative court, since the public prosecutor's office would seem to be limited by its action, the civil party may avail itself of it.
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