Federal Constitutional Court decides on the right to vote: Does the basic mandate clause come back?

Federal Constitutional Court decides on the right to vote: Does the basic mandate clause come back?

The upcoming decision of the Federal Constitutional Court on the new Bundestag voting law will not only be of great importance for politics, but also for the electorate.

The judgment will be announced on Tuesday by the judges in Karlsruhe Photo: Michael Kappeler/dpa

the political landscape in change

Karlsruhe - on Tuesday the public awaits the judgment of the Federal Constitutional Court on the new Bundestag voting law, which was passed by the traffic light coalition in March 2023. This reform aims to permanently reduce the number of seats in the Bundestag to 630 by abolishing overhang and equalization mandates.

The history of the basic mandate clause

The elimination of the basic mandate clause, the parties made it possible to move into the Bundestag if they were able to win at least three direct mandates, even if they do not exceed the five percent hurdle. In 2021, this regulation helped the Left Party to move into the Bundestag despite only 4.9 percent of the votes.

The pressure on the CSU

An important point of the negotiation concerns the CSU. In 2021, this received only 5.2 percent of the votes. If this value would fall, even if it gets the most votes in every constituency, she would not receive a mandate. Many judges considered this scenario to be problematic because the integration function of choice would be in danger.

The democratic principle in focus

The Union warns of a risk to the principle of democracy if local election winners do not receive any seats in the Bundestag. However, experts who were heard in the procedure explained that the constituency deputies for voters: inside are not essential and this would not impair the integration function.

The possible results of the judgment

The court could have to offer a quick solution for the upcoming Bundestag election, if it rates the basic mandate clause as unconstitutional. A new regulation could be introduced to represent regionally strong parties in the Bundestag.

difficult solutions in sight

It is up to discuss whether three direct mandates should continue to be sufficient or whether this number should be increased to 15 or 20. A reduction in the five percent hurdle to three percent would also be an option. However, the court could grant the Bundestag enough time to check the options.

preparations for the election 2025

For the Bundestag election 2025, a judicial intervention would be necessary to ensure that the right to vote is clearly determined in good time. A basic mandate clause that aims at three direct mandates could also be reintroduced, a regulation contained in the original designs of the traffic light coalition. It remains to be seen what the judgment will bring on Tuesday.

- Nag