12 November 2025
Not All Mandates Are Equal
The European Parliament, following the recommendations of its Committee on Legal Affairs, voted against waiving the immunity of two of its Members elected in Hungary, Péter Magyar and Klára Dobrev on the requests of the Hungarian authorities in early October 2025. In determining the fate of representatives elected in a Member State that is no longer democratic, the European Parliament reached the right decision, based on the wrong premises. Undemocratically elected MEPs should enjoy immunity only if they belong to the undemocratic regime’s opposition and have no record of dismantling democratic institutions. Continue reading >>
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04 May 2024
The Battle for Immunity
The International Law Commission is preparing to continue discussions on Draft Articles on the Immunity of State Officials from foreign criminal jurisdiction at its forthcoming 75th summer session. This article focuses on two issues: the scope of immunity and its exceptions. These issues, which are widely discussed internationally, are far from being resolved. In this state of flux, a common ground is needed to move forward, which I try to outline in this blog post. Continue reading >>
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13 March 2024
Privileges Constrained
Last week, the Indian Supreme Court delivered its judgment in Sita Soren v. Union of India, holding that parliamentary privilege – the constitutionally recognized legal immunity of legislators – does not extend to bribe-taking for exercising their legislative vote or speech a certain way. In this blog post, I discuss the Court’s formulation of the essentiality test, as well as its conclusions on the availability of privilege for bribe-taking. I argue that while the ruling can strengthen democratic institutions since it protects the integrity of legislative processes, certain risks in the essentiality test’s composition – which risk depriving important legislative functions of privilege – must be addressed. Continue reading >>
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07 April 2023
Short Detention, Long Shadow
Several videos show the arrest of Clara Ponsatà last Tuesday in the streets of Barcelona, a Member of the European Parliament (MEP). Separatist politicians have forcefully condemned the arrest as an ‘attack on democracy’, ‘political violence’, ‘repression’ and ‘abuse of power’, while also asserting an egregious violation of an MEP’s immunity. This piece argues that the arrest warrant issued by the Tribunal Supremo on 28 March 2023 does not hold up against established constitutional principles. Continue reading >>06 June 2022
Compensation Without Recognition
The German-Italian dispute over civil liability for Germany’s crimes during World War II has developed into a veritable saga. This saga, however, might come to an end soon. By passing the Decree-Law of 30 April 2022, No. 36, the Italian government has temporarily blocked the distraint of properties of Germany located in Rome. Furthermore, the Decree-Law has established a fund through which the Italian government aims to definitively close the issue by paying compensation to the victims in place of Germany. Even if in the future Germany decides to contribute to those compensations, such a solution would fail to acknowledge that historical justice is not just about financial compensation. It is about listening and recognition. Continue reading >>
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