Law Incompatibilities States-General and European Parliament

Original Language Title: Wet Incompatibiliteiten Staten-Generaal en Europees Parlement

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Law of 20 April 1994, laying down provisions for public relations not to be exercised simultaneously with the Member States ' membership of the European Parliament or of the European Parliament

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we have taken into consideration the fact that it is Article 57, fourth paragraph, of the Constitution ( Stb. 1987, 458) is desirable to determine which public relations other than the one in the Constitution may not be exercised simultaneously with the membership of the States-General, and in implementation of Article 6 (2) of the Act concerning the direct election of the Members of the European Parliament ( Trb. (175) to include more detailed provisions on the unification of public relations with the European Parliament and, furthermore, to establish legal provisions for cases in which certain public relations are not to be exercised simultaneously with the membership of the States-General or with that of the European Parliament;

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:


Article 1

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  • 1 A member of the States-General may not also be:

    • a. National Ombudsman or substitute ombudsman;

    • b. Deputy Attorney General of the High Court.

  • 2 The following posts may not be exercised simultaneously with the membership of the States General:

    • a. Commissioner of the King;

    • b. Military officer in real service;

    • (c) official with the Council of State, the General Court of Auditors or the Office of the National Ombudsman;

    • d. Ministry official, as well as the institutions, services and businesses, including those responsible for the control of the Ministry;

    • e. member of the Board of Directors of the Implementing Institute Workers ' Insurance or the Social Insurance Bank, named in the Law structure implementing organisation work and income ;

    • f. member of the Supervisory Board, referred to in Article 64 of the Law of the Information and Security Services 2002 ;

    • g. State representative for the public bodies of Bonaire, Sint Eustatius and Saba.

  • 3 Under official, referred to in the second paragraph, C and Ed It shall be understood to mean the person who is employed in civil law.

  • 4 A member of the States-General may not also be an officer of service in actual service or employed recognized conscientious objectors.


Article 2

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  • 1 A member of the European Parliament elected in the Netherlands may not also be:

  • 2 The following posts may not be exercised simultaneously with the membership of the European Parliament:

    • a. Commissioner of the King;

    • b. Military officer in real service;

    • (c) official with the Council of State, the General Court of Auditors or the Office of the National Ombudsman;

    • d. Ministry official, as well as the institutions, services and businesses, including those responsible for the control of the Ministry;

    • e. State representative for the public bodies Bonaire, Sint Eustatius and Saba.

  • 3 Under official, referred to in the second paragraph, C and Ed It shall be understood to mean the person who is employed in civil law.

  • 4 A Member of the European Parliament may not also have his/her conscientious objectionable conscientious objectionable.


Article 3

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  • 1 The military officer of the armed forces authorized to become a member of the First Chamber of the States-General has been granted non-activity by law.

  • 3 The person who has been placed on non-activity shall be exempt from the observation of the post from the moment he is admitted, to the extent that the office does not end earlier, until such time as he has ceased to be a member after having ceased to be a member. are, in active service, are restored.

  • 4 During non-activity, remuneration shall be withheld including allowances.

  • 5 The military conscientious officer of the armed forces, the military officer and the employed recognised conscientious objectors, is of the time that he is admitted to become a member of the First Chamber of the States-General, and (i) for as long as he exercises that membership, automatically with great leave.

  • 6 The One Who Article 1, second and third paragraphs The term of office of the Court of First Instance of the Member States-General or the European Parliament shall be granted in connection therewith with effect from the day of his or her admission, or at the request of the European Parliament, temporarily relieved from the observation of his office from that day.


Article 4

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  • 1 In the event of non-activity, without prejudice to the provisions of the following Articles, a non-activity contest shall be enjoyed by the person concerned, amounting to half of the most recent remuneration he/she is most recently in his office.

  • The term 'remuneration', which is last in his office, shall be understood as the remuneration of the salary Remuneration Decision Civil and civil servants 1984 ( Stb. 1983, 571), or, in so doing, if the person concerned is not a civil servant within the meaning of the said decision, and the holiday benefit.

  • (3) Where, in the last part of the salary, as defined in paragraph 2, the salary would have been changed as a result of a periodic increase in salary, if the person concerned has been in active employment with that salary, This amendment shall apply from the date of entry into force of that amendment, the amount thus amended as the last remuneration in the post office.

  • 4 Our concerned Minister may, in agreement with our relevant Minister of Internal Affairs and Kingdom Relations, for relations abandoned gradually, in respect of the amount adopted by the application of this Law. if the salary as last received in the post, leave or derogate from the second paragraph of this Article, where applicable, having regard to the importance of the scheme for payment of the non-activity contest, it shall lead to a (i) inequity of the kind.

  • 5 The payment of the non-activity competition and of the calculation of the remuneration referred to in paragraph 2 shall be governed by general rules of administration.


Article 5

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  • 1 The income which the person concerned enjoys or benefits from or in connection with employment or business, taken after being put on non-activity, is settled by the non-activity competition as follows: the non-activity competition is reduced by: the amount by which the non-activity bet, plus that income, exceeds the salary as last received in his office.

  • 2 In connection with the implementation of the first paragraph, rules shall be laid down by a general measure of administration.


Article 6

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If the non-activity of the post a dismissal, which is entitled to waiting money, is granted for the purpose of applying the relevant provisions, income shall be as referred to in: Article 5 considered income, enjoyed in or in connection with labour or business after the termination of the dismissal.


Article 7

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  • 1 At the end of the membership, the person who has been placed on non-activity shall be reinstated in active service for as much as possible in the judgement of the competent authority.

  • If recovery is not possible in active employment, the person concerned shall be given an honorable dismissal. This dismissal has the same legal effect as a dismissal for the termination of his relationship, it being understood that, in this case, the person for whom a waiting scheme for the termination of his or her relationship has not been established has been 1959 Driving Waits Decision ( Stb. 1986, 489) will be applied mutatis mutandis, and revenue, as referred to in Article 6 , are considered income, enjoyed out of or related to labor or business after the dismissal was taken to the hand.


Article 8

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Article 9

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  • 1 Those who, by virtue of the Law of 17 July 1923 ( Stb. 364), additional Article XVII of the Constitution or Article 3 of the Incompatibilities Act European Parliament ( Stb. In the case of non-activity, the Member States-General in which they were elected, other than the European Parliament, shall remain on non-activity, but no later than the end of the term of office of the European Parliament. the chamber in which it was elected, or by the European Parliament, as a member of the European Parliament.

  • 2 They reserve the claims during that period, as defined in Articles 4 and 6 of the Law of 17 July 1923. During that period, Article 5 of the Law of 17 July 1923 shall continue to apply to the Members of the Second Chamber of the European Parliament and to the Members of the European Parliament.

  • 3 Those who terminate their membership by the date referred to in paragraph 1 at the latest, shall retain the claims as defined in Article 7 of the Law of 17 July 1923.

  • 4 Those who have already made claims as defined in Article 7 of the Law of 17 July 1923 retain those claims upon entry into force of this Act.


Article 10

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The Law of 17 July 1923 and the Royal Decree of 1 May 1925 ( Stb. 175), shall be repealed.


Article 11

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The Incompatibilities Act of the European Parliament ( Stb. 1978, 653) is hereby repealed.


Article 12

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  • 1 This Law shall enter into force on a date to be determined by Royal Decree.

  • 2 This Act may be cited as: Incompatibilities Act States-General and European Parliament.

Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.

Issued at The Hague, 20 April 1994

Beatrix

The Minister of the Interior,

E. of Thijn

The Secretary of State for Foreign Affairs,

P. Dankert

The Minister of Defence,

A. L. ter Beek

Published on the 28th April 1994

The Minister of Justice,

E. M. H. Hirsch Ballin