NATIONAL PROVISIONS CONCERNING INELIGIBILITY AND INCOMPATIBILITY WITH REGARD TO THE EUROPEAN PARLIAMENT2) Incompatibilities and, if applicable, prohibitions2 a) membership of a national parliament and the EP 2 b) other posts or activities Belgium
Belgium 2 a) Membership of a national parliament and the EP Incompatible (Article 42(2) of the Act of 23 March 1989). 2 b) Incompatibilities and, if applicable, prohibitions concerning other posts or activities Member of the Flemish Council, of the Council of the French Community or the Council of the Brussels-Capital Region, member of a Regional Council, member of a Community or Regional Government, member of a permanent deputation, member of a conurbation committee, mayor, alderman or chairman of a social aid centre in a commune with more than 50 000 inhabitants (Article 42 of the Act of 23 March 1989). The incompatibilities which, under Belgian law, apply to Members of the Belgian Parliament also apply to Members of the European Parliament (see, in particular, Articles 50, 51 and 119 of the Constitution). Pursuant to the Act of 6 August 1931, members of the legislative chambers cannot simultaneously be civil servants or salaried employees of the state (provincial registrars), ministers of religion whose stipend is paid by the state, titular advocates in the public administration, agents of the state cashier or government commissioners appointed to limited companies; they cannot, in particular, plead or follow any legal proceedings on behalf of the state or advise it on such matters other than free of charge. However, the aforementioned civil servants or salaried employees of the state have the right to leave of absence to enable them to serve as members of parliament. In addition to the Act of 6 August 1931 there is a whole series of legal and regulatory provisions laying down incompatibilities with particular posts. These include membership of the Court of Audit or of the Council of State, membership of the judiciary, the posts of governor, vice-governor, director, trustee or auditor of the National Bank of Belgium and other clearly defined posts with certain public bodies or establishments of public benefit. Denmark 2 a) Membership of a national parliament and the EP Compatible (25) 2 b) Incompatibilities and, if applicable, prohibitions concerning other posts or activities Article 42 of the European Parliament Elections Act confines itself to reproducing the incompatibilities laid down in Article 6 of the Act of 20 September 1976 concerning the election of the representatives of the European Parliamenat by direct universal suffrage. Germany 2 a) Membership of a national parliament and the EP Compatible (Art. 1(2), European Elections Act) (26). 2 b) Incompatibilities and, if applicable, prohibitions concerning other posts or activities - President of the Federal Republic - Judge at the Federal Constitutional Court - Parliamentary Undersecretary - Parliamentary Commissioner for the Armed Forces - Parliamentary Commissioner for Data Protection - Member of the Government of a Land. - Any of the following offices in another Member State of the European Community: Head of State, constitutional court judge or member of a government comparable to the government of a German Land, or acceptance of a post comparable to that of a parliamentary undersecretary in the Federal Republic. If a salaried civil servant is elected to the European Parliament, his rights and obligations as a civil servant are suspended from the date of acceptance of election for the duration of membership, with the exception of the duty of official secrecy and the prohibition on accepting rewards and gifts. The same applies if a member of parliament is appointed to the civil service, from the date on which his appointment becomes effective (Article 8 of the Members of the European Parliament Act, Article 5(1), 1st and 2nd sentences, of the Members of the Bundestag Act). The same rules apply mutatis mutandis to judges, professional members of the armed forces and temporary members of the armed forces (Article 8 of the Members of the European Parliament Act, Article 8(1) of the Members of the Bundestag Act, Article 36(2) of the Judiciary Act, Article 25 of the Military Personnel Act). However, professors may teach, carry out research and supervise candidates for doctorates and for membership of a university teaching staff while serving as members of parliament (Article 8 of the European Elections Act, Article 9(2), 1st sentence, of the Members of the Bundestag Act). On the other hand, those liable for compulsory military service have their service deferred until the election if they have agreed to stand as a candidate, inter alia in an election to the European Parliament. Once they have agreed to election, they can be called up before their membership of parliament lapses only with their own consent (Article 12(3) of the Conscription Act). A soldier performing compulsory military service must be released from that service if he agrees to stand as a candidate, inter alia in an election to the European Parliament (Article 29(1)(8), Conscription Act). Greece 2 a) Membership of a national parliament and the EP Incompatible. However, candidates occupying the first two places on their party's electoral list for the European Parliament are eligible for membership thereof, on condition that they have been elected to the Greek Parliament on behalf of the same party (Article 13(1), Act 1443/1984 (O.J. A', 93)). 2 b) Incompatibilities and, if applicable, prohibitions concerning other posts or activities The constitutional provisions concerning posts and activities incompatible with membership of the national parliament (Article 57 of the Constitution) are applicable. Thus membership of the European Parliament is incompatible with acting as or being a member of the board of directors, or a governor, director-general or deputy of any of these, or an employee, of a commercial company or an enterprise which enjoys special privileges or receives a state subsidy or has been granted a public enterprise concession. Members cannot enter into supply, study or works contracts with the State, local authorities or other legal persons governed by public law or public or municipal enterprises, or contract to collect State or local taxes, or rent real estate belonging to the aforementioned persons, or accept any kind of concession on such real estate. A breach of these provisions entails deprivation of membership of parliament and nullity of the acts. These acts are void even if they have been transacted by commercial companies or enterprises in which the Member acts as director, member of the board of directors or legal adviser, or in which he participates as a collective associate, proxy or limited partner. See also 1 a) - 'ineligibilities arising from the holding of certain posts or the exercise of certain activities'. Spain 2 a) Membership of a national parliament and the EP Incompatible (Article 211(1)(c) of the LOREG). 2 b) Incompatibilities and, if applicable, prohibitions concerning other posts or activities The factors entailing ineligibility to the European Parliament are the same as those for incompatibility (cf. 1a). The following incompatibilities also apply: - incompatibilities of parliamentary origin: . membership of a legislative assembly of an Autonomous Community; - incompatibilities of administrative origin: . holding of one of the following offices: President of the Court for the Protection of Competition; member of the Management Board of the RTVE public enterprise; member of the government, minister or secretary of state; delegate of the government to an autonomous port, waterway confederation or motorway toll authority; president or member of the administrative board, administrator, director-general, manager or equivalent of a public enterprise, state monopoly or enterprise with majority public participation, direct or indirect and of whatever nature, or publicly constituted savings bank; civil servant or holder of any other post at the service of or included under the budget of national, regional or local government or a public body or enterprise; - incompatibilities of a strictly economic nature: . the duties of a Member of the European Parliament must be carried out on the basis of exclusive dedication, on the same terms as those applying to members of the Congress of Deputies and the Senate as set out in the LOREG. Membership of the European Parliament is incompatible with the exercise, whether directly or via a substitute, of any other function, profession or activity, public or private, self-employed or as an employee , remunerated by means of a wage, salary, charge, fee or any other payment. Should the person concerned transfer to a different administrative or employment situation, his post shall be kept in reserve for him under the conditions laid down by the applicable legislation. Members of the European Parliament may only exercise the private activities referred to in Article 159(3)(a) and (b) (27) and those not specified in Article 159(2) of the LOREG (see Articles 212 and 213 of the same law). However, Members of the European Parliament who are members of a university teaching staff may take part, within their own university, in teaching or research activities of an extraordinary nature which do not affect the management or evaluation of the services concerned. Their remuneration for such activity shall be that applicable under the rules in force and no other. France 2 a) Membership of a national parliament and the EP Compatible. However, simultaneous membership of the two assemblies - the national parliament (as a member of either house) and the European Parliament - cannot be combined with any of the following elected offices: regional councillor, member of the Corsican Assembly, member of the council of a département or of Paris, mayor of a municipality with more than 20 000 residents other than Paris, deputy mayor of a municipality with more than 100 000 residents other than Paris (Articles L.O. 141 and L. 46-1 of the Electoral Code). Supplementary provisions lay down that the same system applies to members of the deliberative assemblies of the overseas territories and local authority councils in those territories with special status. 2 b) Incompatibilities and, if applicable, prohibitions concerning other posts or activities Membership of the European Parliament cannot be combined with more than one of the following elected offices: member of the national parliament (see 2a), regional councillor, member of the Corsican Assembly, member of the council of a département or of Paris, mayor of a municipality with more than 20 000 residents other than Paris, deputy mayor of a municipality with more than 100 000 residents other than Paris (Articles L.O. 141 and L. 46-1 of the Electoral Code). Supplementary provisions lay down that the same system applies to members of the deliberative assemblies of the overseas territories and local authority councils in those territories with special status. Pursuant to Article 6 of Act No 77-729 of 7 July 1977, Articles L.O. 140, L.O. 142c to L.O. 150 and L.O. 152 of the Electoral Code (i.e. the provisions applicable to members of the two houses of the French parliament) apply to members of the European Parliament. Consequently, the following, in particular, are incompatible with membership: - membership of the Constitutional Council (Article L.O. 152 of the Electoral Code); - the post of judge (Article L.O. 140 of the Electoral Code); - unelected public office, except certain posts in higher education and certain public cultural offices corresponding to the concordat system applicable to certain departments (Article L.O. 142 of the Electoral Code) (28); - an office conferred by a foreign state or an international organization (Article L.O. 143 of the Electoral Code); - the continuation for longer than six months of a temporary mission on behalf of the government (Article L.O. 144 of the Electoral Code); - the post of president, member of the board of directors, director or assistant director, or adviser, in national enterprises and national public establishments, with certain exceptions, particularly as regards appointments arising from local elected office (Article L.O. 145 of the Electoral Code); - certain senior management posts which are de facto exercised in certain companies or enterprises, particularly: companies which derive advantage from the State or a public body; companies whose purpose is purely financial and which publicly solicit the deposit of savings; companies whose main activity is carrying out works, providing supplies or rendering services for the account or under the control of certain public bodies; companies carrying on certain activities in the field of real estate; companies whose capital mainly consists of share-holdings by companies of the aforementioned kinds (Article L.O. 146 of the Electoral Code); however, exemptions from these provisions exist concerning unsalaried posts in various bodies which are deemed to be of regional or local benefit (Article L.O. 148 of the Electoral Code). However, certain posts or activities which are compatible with membership if they were embarked upon before membership began cannot be embarked upon during membership. It is prohibited: - to become an adviser, except for members of the professions subject to statutes or whose title is protected (Article L.O. 146-1 of the Electoral Code); - to accept a post as a member of the board of directors or supervisory board of a company as referred to in the aforementioned Article L.O. 146 (Article L.O. 147 of the Electoral Code). Lastly, there are certain acts whch a member of parliament is debarred from performing pursuant to Articles L.O. 149 and L.O. 150 of the Electoral Code: a. pursuant to Article L.O. 149, an advocate registered at the bar may not, during membership of parliament: - perform, directly or indirectly through the intermediary of an associate, a colleague or a secretary (other than before the High Court and the Court of Justice of the Republic), any act of his profession in cases in which criminal proceedings have been brought for offences against the Nation, the State or the public peace or concerning the press or damage to credit and savings; - plead or consult, under the same conditions, for the account of any of the companies, enterprises or establishments referred to in Articles L.O. 145 and L.O. 146 (see point 2 above) which he did not habitually advise or represent before his election, or against the State, national companies or public authorities or establishments (except for certain cases relating to actions concerning liability for damage caused by vehicles); b. pursuant to Article L.O. 150, members of parliament are not permitted to cause or allow their names to be published with an indication of the fact that they are members of parliament in any publicity pertaining to a financial, industrial or commercial enterprise. Ireland 2 a) Membership of a national parliament and the EP Compatible. However, a Member of the European Parliament elected in Ireland may not at the same time hold the office of Chairman or Deputy Chairman of Daíl or Seanad Eireann (subsection (2) of section 7 of the European Assembly Elections). 2 b) Incompatibilities and, if applicable, prohibitions concerning other posts or activities - Minister of State. - Disqualifications applicable to membership of Dáil Eireann and the office of Attorney General (see 1.a). The legislation governing the establishment of specific State-sponsored bodies generally provides that Board members shall cease to hold such office when nominated as candidates for election to the Parliament. Generally the legislation also provides that employees of such bodies who stand as candidates for election to the Parliament stand seconded from that employment for the period of their candidacy and membership of the Parliament. Italy 2 a) Membership of a national parliament and the EP Compatible (Art. 5 of Act 18/1979 on the Election of the Representatives of Italy in the European Parliament). 2 b) Incompatibilities and, if applicable, prohibitions concerning other posts or activities President or member of the Regional Council (Art. 6 of Act 18/1979). Act 18/1979 provides only (Art. 52(2)) that employees of the State and of other public administrative bodies, judges and employees of corporations and establishments governed by public law subject to State supervision are governed by the provisions which apply in the case of national elections. In particular, such persons are granted leave of absence throughout their membership of parliament, they cannot be promoted while actually serving as members of parliament, but the period of leave of absence is taken into account for the purpose of career development. These provisions were integrated by Decree-Law 29/1993, Article 71 of which lays down that employees of public administrative bodies who are elected to the European Parliament and are automatically granted unpaid leave of absence for the duration of their membership may opt to continue to receive their civil service salary rather than the parliamentary salary. Luxembourg 2 a) Membership of a national parliament and the EP Compatible (29). 2 b) Incompatibilities and, if applicable, prohibitions concerning other posts or activities - Member of the Government, member of the Council of State, member of the judiciary, member of the Chamber of Audit, district commissioner, State tax collector or accounting officer,or career soldier on active service (Article 54 of the Constitution); - official or waged or salaried employee paid by the State, by a public establishment subject to government supervision, by a local authority, an association of local authorities, or a public establishment subject to local authority supervision (Article 100 of the Elections Act); - paid employee of Luxembourg National Railways (Article 100a of the Elections Act). It should also be noted that, pursuant to Article 102 of the Elections Act, members of the Chamber of Deputies are not permitted to be related to one another up to the second degree by blood or marriage. If two or more candidates who are so related are elected simultaneously, the oldest of them serves. This article also applies to the election of the representatives of the Grand-Duchy of Luxembourg to the European Parliament by universal suffrage. Netherlands 2 a) Membership of a national parliament and the EP Compatible. 2 b) Incompatibilities and, if applicable, prohibitions concerning other posts or activities 1. 'A Member of the European Parliament elected in the Netherlands cannot simultaneously be: a. a minister; b. a state secretary (junior minister); c. a member of the Council of State; d. a member of the General Chamber of Audit; e. a member of the Supreme Court or Procurator-General, Deputy Procurator-General or Advocate-General thereat; f. National Ombudsman or Deputy Ombudsman. 2. The following posts cannot be held during membership of the European Parliament: a. King's Commissioner; b. member of the armed forces on active service; c. official of the Council of State, the General Chamber of Audit or the Office of the National Ombudsman; d. official of a minstry, including the agencies, services and businesses falling thereunder; 3. 'Official' as referred to in paragraph 2(c) and (d) shall also be deemed to refer to persons employed under a civil-law contract. 4. A Member of the European Parliament cannot simultaneously be a conscript on active service or a recognized conscientious objector undertaking alternative service' (States-General and European Parliament Incompatibilities Act, Art. 2). Austria 2 a) Membership of a national parliament and the EP Incompatible (Art. 59 of the Federal Constitution Act) 2 b) Incompatibilities and, if applicable, prohibitions concerning other posts or activities Pursuant to Art. 23b(3) of the Federal Constitution Act, all posts which, under that Act, are incompatible with membership of the National Council are also incompatible with membership or former membership of the European Parliament. The following posts are therefore incompatible with membership of the European Parliament: - President of the Federal Republic (Art. 61 of the Federal ConstitutionAct); - President of the Court of Audit (Art. 122(5) of the Federal Constitution Act); - President, Vice-President or member of the Supreme Court (Art. 92(2) of the Federal Constitution Act), of the Administrative Court (Art. 134(4) of the Federal Constitution Act) and the Constitutional Court (Art. 147(4) of the Federal Constitution Act); in addition, the President and Vice-President of these courts are not permitted to have been Members of the European Parliament within the past four years (30). Pursuant to Art. 23b(1) of the Federal Constitution Act, public servants who are elected to the European Parliament are granted unpaid leave of absence for the duration of their membership. However, under Art. 23b(2) higher-education teachers may continue to teach, carry out research and conduct examinations while serving as Members of the European Parliament. Portugal 2 a) Membership of a national parliament and the EP Incompatible (Article 6(3b) of the law governing elections to the European Parliament) 2 b) Incompatibilities and, if applicable, prohibitions concerning other posts or activities The following offices are incompatible with membership of the European Parliament: member of the government; Minister of the Republic; member of the Supreme Legal Council; Public Prosecutor; Ombudsman and Deputy Ombudsman; member of the government organs of the Autonomous Regions; Governor, member of the government or member of the Legislative Assembly of Macao; Civil Governor or Deputy Civil Governor; Mayor or full-time member of a municipal council; President of the Economic and Social Council; member of the High Authority for the Media, of the National Commission for the Protection of Computerized Personal Data or the Commission for Access to Administrative Documents; public administrator or member of the board of a public institute; member of the management board of a limited liability company funded exclusively or primarily from public sources, whatever the method of appointment; diplomatic office in the external representation of the Portuguese state, where such office is filled by a non-civil servant; the offices referred to in Article 2 of Decree-Law No 196/93 of 27 May 1993 (31); the offices referred to in Article 6 of the Community Act of 20 September 1976; civil servant or other official employed by the state or any other public collective entity (this restriction shall not affect unpaid teaching activity in higher education or research activity; see Article 6 of the law governing elections to the European Parliament). The electoral law does not lay down any restrictions other than those deriving from the rules on ineligibility to stand for election and incompatibility. Law No 64/93 of 26 August 1993, as amended by Law No 28/95 of 18 August 1995, stipulates, however, in Article 8, that where more than 10% of the capital of an enterprise is held by the holder of a political office (this includes Members of the European Parliament, pursuant to Article 1(2g)), that enterprise is not permitted to respond to calls for tender for the supply of goods or services in the context of a commercial or industrial activity involving contracts with the state or any other public collective entity. In addition, Article 9 of the same law (No 64/93) states that holders of public office may not act as arbitrators or experts, remunerated or otherwise, in any proceedings to which the state or any other public collective entity is a party; this restriction applies for one year after the person concerned has ceased to hold office. Finland 2 a) Membership of a national parliament and the EP The dual mandate is not categorically forbidden, but exercise of the national parliamentary mandate is suspended for the period of membership of the European Parliament. 2 b) Incompatibilities and, if applicable, prohibitions concerning other posts or activities The Chancellor and Assistant Chancellor of Justice, Justices of the Supreme Court and the Supreme Administrative Court, the Parliamentary Ombudsman and the Assistant Parliamentary Ombudsman. If a Member is elected President of the Republic, his mandate shall expire (sections 8 and 9 of the Parliament Act; section 3.9 of the Act on the Election of Representatives of Finland to the European Parliament). Sweden 2 a) Membership of a national parliament and the EP Compatible (32) . 2 b) Incompatibilities and, if applicable, prohibitions concerning other posts or activities Sweden has no specific rules concerning functions or activities incompatible with the office of Member of the European Parliament. Incompatibilities are the same as those laid down in the Act of 20 September 1976. United Kingdom 2 a) Membership of a national parliament and the EP Compatible (33). 2 b) Incompatibilities and, if applicable, prohibitions concerning other posts or activities A person is disqualified for the office of representative to the European Parliament if he is disqualified, whether under the House of Commons Disqualification Act 1975 or otherwise, for membership of the House of Commons or if he is a Lord of Appeal in Ordinary. He is also disqualified for the office of representative to the Parliament for a particular constituency if he is disqualified under the 1975 Act for membership of the House of Commons for any particular parliamentary constituency comprised in that constituency. Disqualifying offices include, for example, civil service, regular armed forces, public police forces, judicial offices and certain offices listed in the 1975 Act (e.g. government - nominated directors of commercial companies, some local government officers, etc) (34). 
NOTES25. There is no national legislation prohibiting simultaneous membership of both parliaments. Decisions on the compatibility of membership of the national parliament with membership of the European Parliament are taken by the various political parties. 26. This provision is purely declaratory, as Article 5 of the Act concerning the election of the representatives of the European Parliament by direct universal suffrage lays down that membership of the European Parliament is compatible with membership of the parliament of a Member State. Accordingly, membership of the parliament of a Land or of municipal representative bodies is also compatible with membership of the European Parliament. However, details can be laid down only by the legislation of the Land. None of the Länder have any legislation on incompatibility. 27. 'The following exceptions, and only those exceptions, shall be permitted to the prohibition on the exercise of public or private activity referred to in Article 157(2) and in the present article: a) the simple administration of personal or family property. However, private activity shall under no circumstances be considered to fall under this heading where the person concerned, his spouse or domestic partner or his relatives in the descending line who are minors have a joint or separate participation exceeding 10% in business or professional activities of whatever kind involving any agreement, concession or contract with bodies or enterprises pertaining to the public sector at national, regional or local level; b) literary, scientific, artistic or technical production or creation, and publication relating thereto, provided such activity falls outside the scope of any of the provisions of Article 157(2) or paragraphs 1 and 2 of the present article.' 28. Other provisions stipulate that membership is incompatible with active membership of the administrative courts and administrative appeal courts and with acting as a judge in a regional chamber of audit. 29. The possibility of simultaneous membership of the national parliament and the European Parliament is, incidentally, implicitly provided for by Article 97 of the Elections Act, which lays down, inter alia, that any person who is a member of both shall receive only one parliamentary salary. 30. The provisions of the Economic Incompatibilities Act do not apply to Austrian Members of the European Parliament. 31. This category includes, in particular, the posts comprised by: the President's office and secretariat; the office of the President of the Assembly of the Republic and the secretariats of the parliamentary groups; the Prime Minister's office; the offices of the members of the government; the offices of the Ministers of the Republic for the Autonomous Regions; the offices of the members of the Regional Governments; the offices of the Civil Governors and Deputy Civil Governors; and the secretariats of the Mayors and full-time members of municipal councils. 32. Sweden did not lay down any rule about the dual mandate in Law 1995:374. The government bill summarized the situation as follows: "Under Art. 5 of the 1976 Act, the dual mandate is permissible. This provision is binding, and it is therefore not possible to forbid the dual mandate by means of national rules. (...) From the Swedish point of view, there could be no reason to forbid dual mandates in a way contrary to EU provisions. Each mandate is so demanding that this alone prevents dual mandates. It could therefore be expected that an MP who is elected as an MEP would resign from the Riksdag". All MPs elected as MEPs in the September 1995 election resigned on 9 October 1995 when they formally took their seats in the European Parliament. 33. There is no legal prohibition on a "dual" mandate. There have been and there currently are examples of dual mandates. This is a matter for political parties or candidates themselves. For example the practice is "actively discouraged" by the Labour Party, but is "quite acceptable" in the Conservative Party. A peer (sitting in the House of Lords), who is also an MEP, cannot be said to have a mandate, in any electoral sense, for membership of the UK Parliament. 34. However, according to paragraph 5 (3) of the European Parliamentary Elections Act, "A person is not disqualified for office as a representative to the European Parliament by reason only (a) that he is a peer, (b) that he has been ordained or is a minister of any religious denomination; or (c) that he holds an office mentioned in section 4 of the House of Commons Disqualification Act 1975 (stewardship of Chiltern Hundreds etc. or (d) that he holds any of the offices for the time being described in Part II or Part III of Schedule 1 to the 1975 Act which are for the time being designated in an order as non-qualifying offices in relation to the European Parliament (...)".
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