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Law on the legal relations of Members of the European Parliament from the Federal Republic of Germany

Original Language Title: Gesetz über die Rechtsverhältnisse der Mitglieder des Europäischen Parlaments aus der Bundesrepublik Deutschland

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Law on the legal relations of Members of the European Parliament from the Federal Republic of Germany (European Members ' Act-EuAbgG)

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EuAbgG

Date of completion: 06.04.1979

Full quote:

" Members of the European Parliament Act of 6 April 1979 (BGBl. 413), most recently by Article 2 of the Law of 11 July 2014 (BGBl. 906) has been amended "

Status: Last amended by Art. 2 G v. 11.7.2014 I 906

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 27.9.1980 + + +) 
(+ + + For application cf. Art. 3 (2) G v. 21.12.2004 I 3590
(AbgGÄndG25/EuAbgGÄndG 21) + + +)

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Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law:

First section
Mandate Application and Mandate Exercise

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§ 1 Scope

This Act shall apply to candidates for a mandate to the European Parliament in the Federal Republic of Germany and to Members of the European Parliament who have been elected in the Federal Republic of Germany, unless the provisions of the Statute for Members of the European Parliament shall apply. Unofficial table of contents

§ 2 Freies Mandate

Members of the European Parliament are not bound by orders and instructions and are subject only to their consciences. Unofficial table of contents

§ 3 Protection of the candidates for mandates and the exercise of mandate

(1) No one shall be prevented from applying, acquiring, accepting or exercising a mandate in the European Parliament. (2) Disadvantages in the workplace in connection with the application for a mandate and the acquisition, acceptance and Exercise of a mandate shall be inadmissible. (3) Any dismissal or dismissal on account of the acquisition, acceptance or exercise of the mandate shall be inadmissible. In addition, termination is only valid for important reasons. The protection against dismissal begins with the establishment of the candidate by the competent body of the nominee for the right to dismissal. It shall continue one year after the end of the mandate. Unofficial table of contents

§ 4 Pre-election holidays, working hours and working hours

(1) An applicant for a mandate in the European Parliament shall be granted leave of up to two months on application for the preparation of his election within the last two months before the election day. A claim for payment of the salary is not valid for the duration of the leave of absence. (2) § 4 of the Act of Depuity shall apply accordingly. Unofficial table of contents

§ 5 Indemnity and Immunity

The Indemnity and immunity of Members of the European Parliament shall be determined in accordance with Articles 9 and 10 of the Protocol on the Privileges and Immunities of the European Communities annexed to the Treaty establishing a Common Council and a Single Commission of the European Communities of 8 April 1965 (BGBl. 1965 II p. 1453, 1482). The scope of the Indemnity is governed by the provisions of the Basic Law. Unofficial table of contents

§ 6 Denial of testimony

Members of the European Parliament shall be entitled to refuse to bear witness to persons who have entrusted facts to them in their capacity as members or to whom they have entrusted facts in this capacity, as well as to those facts themselves. The seizure of documents is inadmissible to the extent that this right of denial is sufficient.

Second section
Incompatibilities, members of the public service

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§ 7 Incompatibility of Offices, Functions and Mandates with Membership of the European Parliament

The offices, functions and mandates listed in Section 22 (2) (7) to (15) of the European Elections Act are incompatible with the membership of the European Parliament. Your holder shall acquire the membership of the European Parliament after his election only if he is elected by the opening of the first sitting of the European Parliament at the latest after the election or in the cases of Article 21 (2) of the European Elections Act to the date of the election Declaration of acceptance to the Federal Returning Officer from this office, this function or this mandate is excluded. Unofficial table of contents

§ 8 Public Service Members

(1) The provisions of paragraphs 2 and 3 shall apply to members of the public service of the Federal Government, the Länder, the municipalities and other bodies, institutions and foundations of public law and their associations, with the exception of public service law. Religious societies and their associations. (2) If an official, judge, professional soldier, soldier on time or employee of his nomination as an applicant for the election to the European Parliament, agrees, he is on request within the last two months. before the election day of the vacations required for the preparation of his/her election, with the absence of § § 36 (1) and (2) of the German Act of Judges, Section 36 (2) of the German Judges Act, § 25 of the Act on the Soldier Data Act, insofar as it relates to the election to the German Bundestag, and on the basis of the following: Article 10 of the Law on Members of the European Parliament is to be applied accordingly.

Third Section
Benefits to Members of the European Parliament, to former Members and to their survivors

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§ 9 Compensation

A Member of the European Parliament who opts for the application of this law in accordance with Article 25 (1) of the Statute for Members of the European Parliament shall receive a monthly allowance in accordance with Article 11 (1), (3) and (4) of the Statute of the European Parliament. Secondment Act. Unofficial table of contents

§ 10 Free-travel authorization and reimbursement of travel expenses

A Member of the European Parliament shall have the right to free use of all means of transport of Deutsche Bahn AG. If, in the exercise of the mandate within the territory of the Federal Republic of Germany, aircraft, sleeper carriages or other rail-bound means of transport are used outside the local public transport system, the costs shall be reimbursed against proof of proof. This does not apply to the extent to which the European Parliament has a right to reimbursement of travel expenses. Section 16 (2) of the Act on Members of the European Parliament applies accordingly. Unofficial table of contents

§ 10a Use of benefits of the German Bundestag

A Member of the European Parliament shall receive an expense allowance in order to retaliate for the expenses incurred by the mandate. It includes the co-use of a office space at the seat of the Bundestag, the use of means of transport pursuant to § 10, the use of the official vehicles and the telecommunication facilities of the Bundestag as well as other material and services of the Bundestag in accordance with The implementing provisions of the Elder's Council. Unofficial table of contents

Section 10b Benefits to former Members of the European Parliament and their survivors

The provisions of the Fifth Section and Section 32 (4) to (8), § § 35, 35a, 35b, 35c, 37 and 38 (1) of the Statute for Members of the European Parliament are to be found on members of the European Parliament who have been retired before the Statute for Members of the European Parliament enters into force. Parliament and Members of the European Parliament who decide on the application of this law in accordance with Article 25 (1) of the Statute for Members of the European Parliament, and their survivors on the basis of the measures applied
1.
in the event that benefits from the accident insurance of the European Parliament are used, the pension entitlement under this Act shall be up to the level of the insurance benefit,
2.
the supply is to be provided until the insurance benefits are obtained from life assurance or other comparable services of the European Parliament,
3.
Section 22 (2) (3) of the European Elections Act takes the place of Section 15 (2) No. 2 of the Federal Elections Act.
Periods of membership in the European Parliament are deemed to be periods of membership in the Bundestag. Pension rights under this law shall be laid down in addition to a compensation for Members pursuant to Section 11 of the Act on Members of the European Parliament. Section 29 (3) to (9) of the Act on Members of the European Parliament is applicable accordingly. Unofficial table of contents

§ 11 subsidy to the costs in sickness, nursing and birth cases, support

The provisions of the Sixth Section of the Act of Deputies shall apply to Members of the European Parliament who are members of the European Parliament and to their survivors before the entry into force of the Statute for Members of the European Parliament. Section 28 of the Statute for Members of the European Parliament shall apply to Members of the European Parliament. Unofficial table of contents

§ 12 Start and End of Claims, Payment Regulations

(1) The claims in accordance with § § 9 to 11 arise with the date of the determination of the Federal Electoral Committee (Section 18 (4) of the European Elections Act) or the acceptance of the mandate. (2) The compensation pursuant to § 9 shall be paid monthly in advance. If only one part is to be provided, a thirtieth person shall be paid for each calendar day. (3) Members who have been expelled shall receive the compensation in accordance with § 9 until the end of the month in which they have been eliminated. The rights in accordance with § 10 shall be extinguaged 14 days after leaving the European Parliament. (4) The provision of § 31 of the Act of Representatives shall apply mutatily to benefits under this Act.

Fourth Section
Invoice for the meeting of several references from public coffers

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§ 13 Invoice

(1) The compensation pursuant to this Act shall be based on the condition that the Act of Members of the Federal Republic of Germany or of a country has not adopted any other arrangement,
1.
in addition to the compensation for Members granted under the law on the Members of the European Parliament, up to the level of such compensation,
2.
in addition to a supply that is granted under the law of the Federal Republic of Germany or a country, up to the level of that supply,
3.
in addition to supplies as a Member of the European Union, which is granted under the relevant laws of the other Member States of the European Union, up to the level of this supply.
(2) Paragraph 29 (1), (2), (6), (7) and (9) of the Act on Members of the European Parliament shall apply mutatily with the proviso that remuneration and pensions shall be deducted from an official relationship or from a use in the civil service as well as remuneration and pensions. in another Member State of the European Union which is granted on the basis of comparable terms of office or equivalent use in the civil service. (3) Meeting compensation, transitional allowance, retirement pension, and Survivors ' pensions in accordance with the Statute for Members of the European Parliament with other references based on federal law from public coffers, the provisions of the law governing the settlement and fame of the Act of Representatives (Section 29) shall apply mutatily. In this connection, the place of rest or the reduction of the salaries in accordance with the Statute for Members of the European Parliament shall be replaced by a reduction or a reduction in salaries from other public coffers at a corresponding level. In addition, in addition to references to the Statute for Members of the European Parliament, references under this Act shall be laid down in the amount of the amount by which these deductions exceed the maximum pensions under the Statute for Members of the European Parliament.

Fifth Section
(dropped)

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§ 14 (omitted)

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Final formula

The Federal Government has given the above law the approval required under Article 113 of the Basic Law.