English abstract
The Omani constitutional legislator was keen to provide parliamentary immunity through the Royal Decree No. (99/2011) which prescribes amendments in certain provisions of the Basic Law of the State. Thus, the parliamentary immunity is one of the most important constitutional principles, which is considered as a guarantee for the independence of the legislative authority comprises of the Oman Council (Majlis Oman).
Since the parliamentary experience is relatively new – compared to other countries - this study aims to demonstrate the limits of Parliamentary Immunity for the members of Oman Council, and it also evaluates the success of the legislature that proposed the constitutional amendments that organize the Parliamentary Immunity. Therefore, the study is divided into two chapters, proceeded by an introductory chapter. The first chapter discusses the bases of Parliamentary Immunity in the Omani legal system, its framework and adaptation. Whereas the second chapter focusses on the absence of Parliamentary Immunity and its consequences in the Omani execution and practice.
The research shows that Parliamentary Immunity in its substantive and procedural measures functions as a constitutional guarantee for the independence of the members of Parliament. A guarantee that secures their right and freedom in expressing their thoughts and opinions while executing their parliamentary duties without any civil or criminal liability, which is the "Substantive Immunity". Parliamentary Immunity also prevents to take any penal actions against the members before obtaining prior permission from the council during the sessions, except in the case of flagrant delicto. The permission is taken from the chairman of the Council during the sessions, which is also considered the "Procedural Immunity" of parliamentarians.
. This study highlights the importance of Parliamentary Immunity obtained by the members of Oman Council. Both; the substantive parliamentary immunity, granting them the freedom to express opinions and ideas relating to parliamentary work in the Council and its committees, and the procedural immunity throughout the parliamentary session, providing greater protection and independence.
Moreover, the study concludes a number of findings and recommendations as set out in the conclusion.
