Artikel 57: Incompatibilities of Members of Parliament
- No one may be a member of both Houses.
- A member of the States General may not be a Minister, State Secretary, member of the Council of State, member of the Court of Audit (Algemene Rekenkamer), National Ombudsman or Deputy Ombudsman, memberof the Supreme Court, or Procurator General or Advocate General at the Supreme Court.
- Notwithstanding the above, a Minister or State Secretary who has offered to tender his resignation may combine the said office with membership of the States General until such time as a decision is taken on such resignation.
- Other public functions which may not be held simultaneously by a person who is a member of the States General or of one of the Houses may be designated by Act of Parliament.
Explanation
Please note: Only the Dutch-language version of the Constitution has legal effect.
No one can be a member of both Houses simultaneously.
There are also a number of offices that cannot be combined with membership of either House:
- Minister and State Secretary
- Member of the Council of State
- Member of the Court of Audit
- National Ombudsman or Deputy Ombudsman,
- Member of the Supreme Court and Prosecutor General or Advocate General at the Supreme Court.
During cabinet formation, a Minister or State Secretary from the 'old' cabinet may indeed be a Member of Parliament.
In the Incompatibilities Act for the States General and the European Parliament, the legislature has made use of the option to designate other public positions that cannot be held simultaneously with membership of the States General or of either House, such as civil servant.