Parliamentarians may now clearly be held personally liable
on account of State actions and decisions taken in fulfilling their
duties, and nominative sanctions may be imposed on them by third
States and international organisations through restrictive measures.
Moreover, members of the Parliamentary Assembly are threatened
with criminal or administrative proceedings for having exercised
their freedom of movement in breach of national legislation on entry
into the territory of some member States, this being in contravention
of the commitment undertaken by these States to guarantee the freedom
of movement and immunity of Assembly members.
Parliamentarians are included on “blacklists” drawn up by
States – or international organisations – which can accordingly
refuse to grant them a visa or entry to their territory. In accordance
with the principle of the rule of law, States shall ensure that
any ban or restrictive measures targeting individuals meets the
requirements of legal certainty and is accompanied by appropriate
procedural and judicial guarantees. However, parliamentarians should
be afforded additional safeguards so as to offset the harmful effects
which travel restrictions may have on the performance of their duties.
Parliamentarians do not enjoy any specific status or protection
under international law. In order to take account of the specific
nature of parliamentary action at international level and to protect
those performing it, national parliamentarians should be afforded
adequate safeguards in relation to third countries when travelling
abroad in the course of their duties and be covered by a fixed,
standardised legal framework of rights and privileges.