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.

Udvalget for Forretningsordenen 2024-25
UFO Alm.del Bilag 71
Offentligt

EUROPEAN PARLIAMENT REPLY

TO ECPRD REQUEST 6116

The offering of a financial advantage in exchange for the resignation of a

seat in parliament

FROM DENMARK - FOLKETINGET

10/07/2025

ECPRD EP Deputy

Correspondent

Barbara PINTO LEITE

[email protected]

Replies provided by

Alexis BISTIS (DG FINS)

[email protected]

Pekka NURMINEN (DG PRES)

[email protected]

QUESTIONS

1) Is there any legislation or other form of regulation, such as a code of conduct, that

prohibits

i.) a Member of Parliament from accepting a financial advantage on the condition

that they resign their seat;

ii.) the act of offering such a

proposal, including by individuals from the member’s

own party.

2) If so, what does the regulation entail, and how is it en-forced?

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.

Independence of Members

The freedom and independence of Members are enshrined in Article 2.1 of the Statute for

Members of the European Parliament (2005/684/EC, Euratom):

“Members shall be free and independent”

In order to safeguard their independence, Members are entitled to an appropriate salary

(article 9). The salary is set at 38.5% of the basic salary of a judge at the Court of Justice (article

10). For guidance, the gross salary currently is EUR 10 927,44. The net salary after deduction

of Community tax and insurance contributions is EUR 8 517,01.

Legal value of agreements concerning the resignation from office of a Member

According to recital 4 of the Statute:

“Undertakings made by Members to relinquish their office at a given time, or declarations of

their intent to relinquish office on an unspecified date, which political parties can make use of

at their discretion, should be considered as incompatible with Members' freedom and

independence and should therefore not be binding in law.”

"The resignation procedure provided for in Rule 4(2) of the Rules of Procedure intends to

guarantee that any resignation is made voluntarily and in compliance with the Electoral Act

and the Statue of Members.":

Members who resign shall notify the President of their resignation and of the date on which

that resignation is to take effect, which may not be more than three months after notification.

This notification shall take the form of an official record drawn up in the presence of the

Secretary-General or his or her representative, signed by the latter and by the Member

concerned and immediately submitted to the committee responsible, which shall enter it on

the agenda of its first meeting following receipt of the document.

If the committee responsible considers that the resignation is in compliance with the Act of

20 September 1976, a vacancy shall be declared with effect from the date indicated by the

resigning Member in the official record, and the President shall inform Parliament thereof.

If the committee responsible considers that the resignation is not in compliance with the Act

of 20 September 1976, it shall propose to Parliament that it not declare a vacancy.

This safeguard of Members’ freedom is further enshrined in article 2.2 of the Statute:

“Agreements concerning the resignation from office of a Member before or at the end of a

parliamentary term shall

be null and void.”

Financing of European political structures

Appropriations from Parliament’s budget allocated the financing of European political

structures may not be used to pay a financial benefit to a Member of the European Parliament

in return for their resignation.

•

European political groups

The financing of European political groups is governed by the Rules on the use of

appropriations from budget item 400 (“Rules 400”) adopted by the bureau on 30 June 2003

(as amended). The nature of expenditures covered by the funds allocated to European

political groups is strictly defined in article 1.1.1:

“The appropriations made available from Item 400 are intended to cover:

- the administrative and operational expenditure of the political groups/non-attached

Members' secretariat;

- expenditure on political and information activities conducted by the political

groups/nonattached Members in connection with the European Union's political activities.”

Moreover, the nature of expenditure must conform to the common accounting plan, which

forms an integral part of the rules. In this accounting plan, there is clearly no room for the

“payment of a financial benefit to a Member of the European Parliament in return for their

resignation”.

•

European political parties and foundations

The financing of European political parties and foundations is governed by:

- Title XI of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the

Council of 23 September 2024 on the financial rules applicable to the general budget of the

Union (“Finacial Regulation”)

- Regulation (EU, Euratom) no 1141/2014 of the European Parliament and of the Council of

22 October 2014 on the statute and funding of European political parties and European

political foundations.

According to article 225 of the Financial Regulation:

“Direct financial contributions from the budget may be awarded to European political parties

as defined in Article 2, point (3), of Regulation (EU, Euratom) No 1141/2014 (European political

parties) in view of their contribution to forming European political awareness and to

expressing the political will of the citizens of the Union in accordance with that Regulation.”

Any expenditure that does not comply with the above-mentioned regulations is considered

ineligible. It is our understanding that using funds allocated to European political parties and

foundations for the “payment of a financial benefit to a Member of the European Parliament

in exchange for their resignation” would fall under this category

and thus be deemed

ineligible.