Bastian Schneider

Die Doppelmitgliedschaft in Bundestag und Landesregierung

Volume 147 () / Issue 3, pp. 411-451 (41)

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The article deals with the question of the simultaneous membership in the Bundestag and the government of a federal state, as it can arise through the election of a member of a state government to the Bundestag or the election or appointment of a member of the Bundestag as a member of a state government. There are more than 150 such cases in the history of the Federal Republic, which in some cases led to one and the same person being a member of the Bundestag and the Bundesrat – and thus of both federal legislative bodies – at the same time. Although the case is not expressly regulated in the Basic Law, the legislative history of the Basic Law as well as a systematic interpretation show that such double membership is not permissible. Albeit current law does not prevent the occurence of double membership and official acts performed during double membership remain effective, the Basic Law requires the double membership be terminated in good time. In addition to the constitutional situation at federal level, the article also examines the legal situation in the 16 states and thus provides a comprehensive overview of the legal situation at federal and state level.

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