Incompatibility is the contradiction inherent in the simultaneous exercise of public offices in different powers and is derived from the principle of separation of powers. This means in respect to the electoral law that public employees (civil servants and other salaried public employees) may not hold a seat at the same time, i.e., this group of people may not perform their public administrative function as long as they hold a seat.
Article 137 paragraph 1 of the Basic Law (GG)
Sections 5, 8 of the Act on the Legal Status of Members of the German Bundestag (AbgG)
Section 8 of the Act on the Legal Status of Members of the European Parliament from the Federal Republic of Germany (EuAbgG)
Last update: 1 January 2015