Stevandic: MPs are protected by the institute of parliamentary immunity

The President of the National Assembly of the Republic of Srpska Dr Nenad Stevandic on the occasion of the malicious statements related to MP’s immunity, gives the following public statement:

The institute of the MP’s immunity is regulated by Article 73 of the Constitution of the Republic of Srpska and the Rules of Procedure of the National Assembly of the Republic of Srpska.

The Constitution of the Republic of Srpska, as the highest legal act, stipulates that members of the National Assembly shall not be criminally or civilly liable for any action taken within the scope of their duties in the National Assembly.

The Rules of Procedure of the National Assembly of the Republic of Srpska stipulates the MP’s responsibility and when the immunity they have protects them.

Pursuant to Article 111, paragraph 1 of the Rules of Procedure it is specified that MPs have immunity from the day of mandate confirmation until the date of the end of the mandate in the National Assembly in accordance with the law.

Pursuant to Article 111, paragraph 2 it is stated that “MPs in the National Assembly would not be criminally or civilly responsible for saying their opinion or for voting for any other act done in accordance with their responsibilities in the National Assembly”.

The Rules of Procedure clearly says that MPs can refer to immunity at any time for acts done in the framework of their responsibilities in the National Assembly.     

Considering the above, it is clear that no one can, contrary to the Constitution of the Republic of Srpska, initiate criminal proceedings against a member of parliament for voting or expressing an opinion in the National Assembly, which is a member's duty and obligation.