Udvalget for Forretningsordenen 2024-25
UFO Alm.del Bilag 71
Offentligt
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AUSTRIA - PARLAMENT - NATIONALRAT
Reply to the ECPRD request
6116- The offering of a financial advantage in exchange for the resignation
of a seat in parliament
DENMARK - FOLKETINGET
Request date:
02/07/2025
Addressed to:
- EUROPEAN PARLIAMENT , NORWAY , FRANCE , LITHUANIA , MALTA , SLOVAKIA , IRELAND , CYPRUS ,
GREECE , LUXEMBOURG , FINLAND , NETHERLANDS , BULGARIA , SPAIN , LATVIA , AUSTRIA , CROATIA , ITALY ,
CZECHIA , UNITED KINGDOM , HUNGARY , ROMANIA , BELGIUM , POLAND , SLOVENIA , SWEDEN , PORTUGAL ,
GERMANY , ESTONIA
Subject areas:
Corruption, whistleblowing
Deadline
28/07/2025
The offering of a financial advantage in exchange for the resignation of a seat in parliament
See the attached file and the filled out forum for a detailed response.
Reply provided by
Alexandra BECKER
([email protected], ) on
2025-07-15
ECPRD Correspondent:
KONRATH Christoph
UFO, Alm.del - 2024-25 - Bilag 71: Offentlige svar på ECPRD-forespørgsel til øvrige europæiske parlamenter om ydelser af en økonomisk fordel i forbindelse med nedlæggelse af et parlamentsmandat.
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Is there any legislation or other form of regulation, such as a code of conduct, that prohibits: A)
a Member of Parliament from accepting a financial advantage on the condition that they resign
their seat; B) the act of offering such a proposal, including by individuals from the members
own party.
a Member of Parliament from accepting a financial advantage on the condition that they resign their seat;
In Austria, there are no special rules regarding giving up mandates in exchange for financial benefits for Members of Parliament.
The general provisions on corruption in the Criminal Code apply (unfortunately only available in German):
304
Corruption
305
Acceptance of advantage
306
Acceptance of an advantage with the intent to be influenced
There is also a provision in the Criminal Code regarding the purchase of mandates that applies to those responsible for a political
party running in an election:
265a
Mandate Purchase
the act of offering such a proposal, including by individuals from the member’s own party.
Also, here, there are provisions in the Criminal Code:
307
Bribery
307a
Advantage Allocation
307b
Advantage Allocation with the intent to influence
308
Prohibited intervention
If so, what does the regulation entail, and how is it enforced?
The criminal investigation department (Kriminalpolizei) and the public prosecutor's office (Staatsanwaltschaft) are obliged, within the
scope of their duties, to investigate ex officio any initial suspicion of a criminal offense that comes to their attention and that is not to
be prosecuted solely at the request of an authorized person.