Niepołączalności mandatu posła do Parlamentu Europejskiego – studium przypadku
Incompatibility of the mandate of a Member of the European Parliament
Author(s): Tomasz CiechanowskiSubject(s): Constitutional Law, EU-Legislation
Published by: Wydawnictwo Uniwersytetu Wrocławskiego
Keywords: mandate incompatibility; European Parliament; local government; mandate termination; electoral code; incompatibilitas; conflict of interest;
Summary/Abstract: The article analyzes the principle of incompatibility of the mandate of a Member of the European Parliament, aimed at preventing conflicts of interest and ensuring transparency in the performance of public functions. Both EU and Polish regulations clearly state that the mandate of an MEP cannot be combined with certain public offices, particularly membership in the national parliament, government, or local government bodies. The author discusses in detail situations where individuals holding positions such as councilors, village mayors,town mayors, city presidents, and members of county and regional boards are elected as Members of the European Parliament. In such cases, their current mandates or functions automatically expire, a process precisely regulated in the Polish Electoral Code and local government acts. The article also highlights practical aspects of applying the principle of incompatibility, emphasizing the legal and procedural obligations related to the termination of mandates and the role of electoral authorities and administrative courts in interpreting these provisions. In an era of increasing activity of local government officials on the European stage, this topic holds significant legal and constitutional importance.
Journal: Przegląd Prawa i Administracji
- Issue Year: 143/2025
- Issue No: 1
- Page Range: 47-56
- Page Count: 10
- Language: Polish
