Decision on Loss of Membership
(1) A decision on loss of membership under section 46 subsection (1) is made
1. in the case of number 1, in the course of an electoral scrutiny procedure,
2. in the case of numbers 2 and 5, by a resolution of the Council of Elders of the German Bundestag,
3. in the case of number 3, by a resolution of the Council of Elders of the German Bundestag if eligibility to stand for election has been lost as a result of a final and binding judicial decision, otherwise in the course of an electoral scrutiny procedure,
4. in the case of number 4, by the President of the German Bundestag issuing a confirmation of the declaration of resignation.
(2) If a decision on the loss of membership is made in the course of an electoral scrutiny procedure, the Bundestag membership of the member concerned ends as soon as the decision enters into force.
(3) If the Council of Elders or the President of the German Bundestag decides on the loss of membership, the Bundestag membership of the member concerned ends as soon as the decision has been taken. The decision must be taken ex officio without delay. Within two weeks of notification of the decision, the member concerned may apply for a decision on the loss of membership to be taken by the German Bundestag in the course of an electoral scrutiny procedure. Notification must be in accordance with the provisions laid down in the Administrative Service of Documents Act.