Unele consideraţii cu privire la imunitate şi incompatibilităţi, prevăzute în Constituţia României
Certain considerations regarding immunity and incompatibilities, provided in the Romanian Constitution

Summary/Abstract: The Constitution contains, beside its specific legal provisions, the fundamental principles on which the state and its institutions are organized. There cannot be contradictions between the legal provisions and the fundamental principles. The separation of powers in the state is established in the Constitution and this principle cannot be violated by its own provisions. The incompatibilities are provided by the Constitution in order to guarantee the lawful use of state power without any influence or interference from other powers. Parliamentary immunity is a form of protection by which members of the legislative power are protected from possible abuses. Immunity protects the parliamentary mandate itself – and not its holder –, having an objective nature. Parliamentary immunity does not extend outside the legislative power. The revising of the Constitution is needed in order to discard the overlapping of the parliamentary mandate with the one in the ministerial cabinet, similarly to the system of law governing the European states.

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