El estatuto del parlamentario en la Constitución francesa de 1958. Comentario y análisis comparativo con el Estatuto del parlamentario español en el régimen constitucional de 1978

This article analyses the status of parliamentarians in France and Spain. From a comparison of the regulations in force in both countries and their outcome, the highlight in France, despite the prolific regulations on the subject, is the still persistent accumulation of positions by Members of Parliament, thus increasing absenteeism and the consequential degradation in the operation of Parliament. Furthermore, both countries continue to preserve the classical prerogatives of parliamentarians justified in other periods of history by the conflicts over legitimacy between the Executive and the Legislative Powers. France has taken a step that would be desirable in Spain for the adaptation of the prerogative of immunity (known in Spain as inmunidad and in France as inviolabilite): since 1995, it is possible to bring proceedings against a Member of Parliament without the corresponding authorization by parliament itself (coercive measures do require such authorization). Also pending transformation nowadays is the institution of non-accountability (known in Spain as inviolabilidad and in France as irresponsabilite). Now that freedom of expression is acknowledged for all citizens, this should cease to protect MPs against lawsuits for defamation or slander. In both countries, therefore, it is necessary to adapt the regulations mentioned to those of our neighbour countries with more advanced norms.