Separation of office and mandate

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The term separation of office and mandate , also known as the incompatibility requirement , describes the idea that the same person should not hold a mandate in the legislature and an office in the executive or judiciary at the same time .

Federal level

At the federal level of the Federal Republic of Germany, for example, it is common for members of the federal government to continue to exercise their mandate in the Bundestag . This practice corresponds to the Basic Law , because it does not recognize a strict separation of powers , but rather the principle of entanglement of powers . This comes z. B. in the parliamentary system of government of the Basic Law. This practice is seen as contradicting the concept of separation of powers.

Federal states

In some federal states, however, there is a strict separation between the exercise of a mandate and the exercise of office.

Free and Hanseatic City of Hamburg

According to Article 39, Paragraph 1 of the Constitution of the Free and Hanseatic City of Hamburg , members of the Hamburg Senate are not allowed to exercise a mandate in the citizenship .

Free Hanseatic City of Bremen

According to Art. 108 of the state constitution, the constitution of the Hanseatic City of Bremen stipulates that members of the Senate cannot simultaneously belong to the state parliament, the Bremen citizenship .

Free State of Thuringia

For personal or political reasons, individual politicians also voluntarily refrain from holding an office and a mandate at the same time, such as the Thuringian Prime Minister Bodo Ramelow in 2014, who voluntarily resigned his mandate in the state parliament after he was elected Prime Minister. In 2019, Bodo Ramelow announced that he would no longer adhere to the incompatibility requirement in the event of his new election to secure majorities.


In Berlin, three members of the Left Party, Klaus Lederer , Katrin Lompscher and Elke Breitenbach, each waived their seats when they joined Senate Müller II .

The MP Ramona Pop , despite joining the Senate Müller II and a party conference decision by the Greens, does not renounce her MP.

Separation of party office and mandate

Within the statutes of the party Alliance 90 / The Greens , the separation is enshrined of office and mandate since 1980 for party posts - a member of parliament can not perform certain there party offices. In May 2003 this regulation was relaxed. Since then, no more than a third of the members of the federal executive board may also be members of parliament. In January 2018, the federal party conference of Bündnis 90 / Die Grünen eased the resolution further. According to the statutes, the simultaneous filling of office and mandate is now permitted for a period of eight months. The future co-federal chairman Robert Habeck made this further relaxation a condition of his candidacy.

Another separation that affects all parties and elected officials is the legal requirement that funds for exercising the mandate may not be used for a party office or for party work. For example, employees of members of the Bundestag may not be used in the election campaign .

See also

Individual evidence

  1. Separation of powers between the legislative and executive branches . Federal Agency for Civic Education
  2. Article 39 of the Constitution of the Free and Hanseatic City of Hamburg
  3. Article 113 of the state constitution of the Free Hanseatic City of Bremen
  5. Jens Anker: Left Senators give seats - Philipp Bertram moves up. In: February 1, 2017, accessed May 30, 2020 .
  6. Sabine Beikler: Senator Ramona Pop keeps her mandate. In: March 15, 2017, accessed May 30, 2020 .
  8. ^ Robert Roßmann: When Bundestag employees help in the election campaign. In: . December 16, 2019, accessed March 13, 2020 .