The procedural legitimacy of immunity under the provisions of Libyan criminal law: A comparative study

Abstract

This study examines the impact of procedural immunity on the efficiency of law enforcement and anti-corruption bodies in Libya. It analyzes the legal framework governing immunities granted to public authorities and assesses the extent to which these immunities balance the protection of public office with adherence to the principles of legality and equality before the law. The research problem centers on the limits of the legitimacy of expanding procedural immunity in the absence of a permanent constitutional framework defining its foundations and controls, and the potential consequences of such expansion in weakening the effectiveness of law enforcement and investigative bodies and hindering anti-corruption efforts. The study addresses parliamentary, judicial, and ministerial immunity, then examines its impact on the police force and the public prosecution, assessing the compatibility of certain forms of immunity with the requirements of legality. Finally, it evaluates the phenomenon of the proliferation of procedural immunity and the possibility of its transformation from a functional safeguard into a tool for restricting the application of the law.