Incompatibility as a restriction on the right to stand for election refers to the requirement of holders of certain public or private functions not to stand for parliamentary elections or at elections for representative bodies at other levels of government.

Unlike ineligibility, incompatibility is normally ascertained after the election, and the incompatible function may either be terminated automatically, preference having been indicated by the candidacy being put forward in the first place, or, alternatively, the candidate may have a brief window of time in which they have a right to choose the function or service which they would like to pursue.

Parliamentary elections

If the president of the State, the state auditor, a member of the State Audit Council or the Audit Department, a judge, a prosecutor, or a member of the military are running for parliament, they must leave their previous position within one month after the registration of the list of candidates and must notify the Central Electoral Commission.

If the elected member of parliament is already a member of the European Parliament, they lose their status as a member of the European Parliament upon giving the solemn oath as a member of parliament.

These restrictions equally apply to nationals of other member states of the European Union.

Local government elections

A person may only stand for local election in a single electoral district. If a member of one electoral district is named as a candidate in another electoral district where a snap election is taking place, they lose the mandate that they held at the time of submission of the list of candidates upon their election.

If local elections and elections for the European Parliament are taking place at the same time, a candidate may only stand for one of them. If an elected member of local government is already a member of the European Parliament, they lose their status as a member of the European Parliament, commencing from the day of the first session of the newly elected local government.

European Parliament elections

If local elections and elections for the European Parliament are taking place at the same time, a candidate may only stand for one of them.

If the president, a member of the parliament or Cabinet of Ministers, or a councillor are elected to the European Parliament, they lose their office or mandate on the thirtieth day after the approval of the election results.

Resources

Last updated 15/03/2023