Incompatibility as a restriction on the right to stand for election refers to the requirement of holders of certain public or private functions not to stand for parliamentary elections or at elections for representative bodies at other levels of government.
Unlike ineligibility, incompatibility is normally ascertained after the election, and the incompatible function may either be terminated automatically, preference having been indicated by the candidacy being put forward in the first place, or, alternatively, the candidate may have a brief window of time in which they have a right to choose the function or service which they would like to pursue.
Parliamentary elections
According to the Constitution, a member of the Riigikogu shall not hold any other public office. The Status of Members of the Riigikogu Act specifies that during their mandate, a member of the Riigikogu may not:
- be a civil servant at a state authority
- be the head of a state agency administered by a government authority
- hold the office of a rural municipality mayor or city mayor, or be a member of rural municipality government or city government, or official of a municipality
- be in the service of other states, institutions or authorities of the European Union, or international organisations
- be a member of the European Parliament
- be a member of the supervisory board of a legal person in public law where this requires appointment by the Government of the Republic, a minister, or head of any other executive authority of the state
- hold the office of the Chair of the Supervisory Board of the Bank of Estonia
- be the chair or member of the management board of a legal person in public law
- practice as an attorney, notary, enforcement agent or sworn translator
- be the chair or member of the management board of a in part government-owned company or foundation whose founders include the state
If an elected candidate holds one of these positions at the time of the declaration of the election results, they must notify the National Electoral Committee within five days whether they wish to participate in the work of the Riigikogu or continue in their current office and decline the mandate.
Local government elections
According to the Municipal Council Election Act, if an elected candidate holds an office at the time of the declaration of the election results, which is incompatible with the office of a council member, they must notify the rural municipality or city electoral committee within three working days whether they wish to participate in the work of the municipal council or continue in their current office and decline the mandate. The Local Government Organisation Act outlines the following as incompatible positions: the President of the Republic, State Secretary, Auditor General, Chancellor of Justice, a judge or prosecutor, mayor or other official of the same rural municipality or city local government, member of the Government of the Republic.
European Parliament elections
According to the European Parliament Election Act, if an elected candidate holds an office specified as incompatible in the Act at the time of declaration of election results, they must notify the National Electoral Committee within ten days whether they agree to participate in the work of the European Parliament or wish to continue in their current office and decline the mandate. If the elected candidate agrees to participate in the work of the European Parliament, they must submit a copy of their letter of resignation from their current office to the National Electoral Committee. The incompatible offices include members of the Riigikogu, the Government, local government council, the President, and other high-level officials in Estonia or Europe.