Home > 2.9 Electoral offences and sanctions > Report on Democracy, Limitation of Mandates and Incompatibility of Political Functions
 
 
 
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Paragraph 94
 

In Belgium, it is up to the Members themselves to verify whether they comply with these rules and if not, to determine which office they will abandon. Certain offices are ended automatically when taking the oath as Member of Parliament. Article 233 of the Electoral Code provides, for instance, that Members of a Regional Parliament who become Senator or Representative automatically lose their office in the Regional Parliament (with the exception of Community Senators). The same rule applies the other way around. One of the most important incompatibilities is based on the separation of powers. Article 50 of the Constitution provides that a Member of Parliament who becomes a federal Minister ceases to sit in Parliament. If that individual resigns as Minister, however, he or she will get his or her parliamentary seat back. A Member of the federal Parliament cannot be a civil servant and cannot hold judicial office. A civil servant elected to the federal Parliament is, however, entitled to political leave and is not obliged to resign as a civil servant. Federal parliamentarians may not sit in Regional or Community assemblies, except for the 21 Community Senators, who are appointed by and from the Community Parliaments. They may also not be members of a Regional or Community Government. There is also an incompatibility between the office of Member of the federal Parliament and of Member of the European Parliament.