Incompatibility rule
Incompatibility rule is a regulation issued by a group of people that prohibits simultaneous membership in this group and other groups. Such conflict usually represents an obstacle to admission to the group or a cause for expulsion. For example, the members of parliament in many countries are prohibited from engaging in certain occupations.
Parliamentary incompatibility
Most countries impose some restrictions regarding outside occupations of the members of parliament. Some restrictions come in the form of ineligibility, disqualifying a candidate. In other cases, the candidate with a potential incompatibility is allowed to run in the election, yet in case of an electoral success has to make a choice between their occupation and membership.The lists of occupations prohibited to parliamentarians vary by country, but frequently include:
- civil servants, usually defined as people appointed by the government or receiving public money. Few countries, like Austria, Germany, France suspend the duties and benefits of public servants, so they are able to resume their original work after ending their parliament career;
- members of the Judiciary defined as either all persons in these occupations, or just the judges of high courts;
- executives of public corporations;
- members of the armed forces and police;
- public contractors;
- members of other deliberative assemblies. Most countries allow an exception for local governments, but some prohibit simultaneous membership in a State or provincial legislature or any local assembly ;
- holders of the ministerial office usually cannot combine these jobs with membership in parliament in the states with formal separation of powers and presidential systems, while parliamentary systems generally do not consider this an incompatibility and even encourage the practice.
Party membership