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When browsing through the lists of candidates for the elections for the Electoral College Non-Residents in The Netherlands on 15 March 2023, I recognised some names of candidates who are currently Members of the European Parliament (MEPs). However, according to European Parliament legislative resolution of 3 May 2022, Article 24.1:

  1. The office of Member of the European Parliament shall be incompatible with the following offices:

– member of a national or regional parliament or assembly vested with legislative powers,

Does this include the Electoral College for Non-Residents? Or does this college not count as a parliament because it cannot pass laws? In other words:

Is membership of the European Parliament compatible with membership of the Electoral College for Non-Residents?

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As the electoral college has no legislative powers, and meets solely to elect members of the Senate, membership of the college doesn't appear to fall under the designation in the resolution.

In any case, the legislative resolution you mention is not in force; although the legislative resolution has passed the European Parliament, it still needs to be agreed upon by the EU Council, go back to the Parliament for its consent, be adopted unanimously by the Council, and then be ratified by each Member state in accordance with their respective constitutional protocols.

At the moment, the legislation governing positions incompatible with membership of the European Parliament is article 7 of the 1976 European Electoral Act, as amended in 2002. This only prevents MEPs from being members of a national government or parliament, as well as a few other EU offices.

Membership of the electoral college, therefore, remains compatible with membership of the European Parliament.

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