Dopuszczalność zatrzymania posła przez Straż Graniczną
Admissibility of a Deputy’s detention by the Border Guard

Summary/Abstract: In the opinionit was stated that although examining identity documents is associated with a temporary restriction of freedom of a Deputy by an authorized body, it does not constitutea violation of the privilege of parliamentary inviolability. Undertaking Deputy’s activities related to the exercise of the mandate in a border zone, does not require an appropriate consent. The privilege of inviolability does not absolve the Deputy from the obligationto respect the law. As a rule, a Border Guard officer cannot detain the Deputy during performing activities falling within the scope of the parliamentary mandate in the borderzone. Deputies may be detained only in the event of joint fulfillment of requirements provided in the Article 105 para. 5 of the Constitution.

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