Succession to European parliament seats via lists
Successors from the list are candidates who enter the European Parliament and succeed elected candidates or members of parliament on their death, refusal to accept election or withdrawal from the European Parliament.
In contrast to Bundestag elections, a substitute may be named for each candidate in European Parliament elections. If elected candidates who ran for a Land list refuse to accept election or if members of the European Parliament vacate their seat before the end of the legislative term, for instance on their death, their seat will generally go to their substitute.
If a party or other political association has not nominated a substitute candidate for the person vacating the seat, the list candidates who were not initially elected will enter the European Parliament according to their order on the list.
Candidates and substitute candidates who have left the party or other political association concerned or have become members of another party or political association will not be considered for succession. Candidates who have been elected but refused to accept election and European Parliament members who have resigned their seat may not subsequently enter the European Parliament.
If there are no more candidates on the list, the seat vacated by the European Parliament member will remain vacant.
However, it is immaterial to the succession issue whether the person vacating the seat has left the party or other political association that made the nomination on the basis of which they were elected. The initial nomination continues to determine the succession to the seat. This also holds if the European Parliament member has left a parliamentary group.
Individuals who leave their party or other political association after attaining membership of the European Parliament will not lose their seats. This is prohibited by the principle of free mandate enshrined in Article 38 of the Basic Law.
The Federal Returning Officer decides who enters the European Parliament as a successor from the list.
Legal bases
Sections 9, 24 of the European Elections Act (EuWG)
Sections 32, 77 of the European Electoral Regulations (EuWO)
Last update: 9 February 2026