Karlsruhe decides: Election right reform needs adaptation of the five percent hurdle

Karlsruhe decides: Election right reform needs adaptation of the five percent hurdle

The latest decision of the Federal Constitutional Court on the electoral reform has far -reaching consequences for the political landscape of Germany and could significantly influence the orientation of the upcoming elections. A central aspect is the revision of the five percent hurdle, which presents many smaller parties with challenges.

importance of the voting right reform for the Bundestag

The reform, which was introduced in the course of the traffic light coalition, aims to regulate the size of the Bundestag. The Bundestag has reached a record with 733 MPs, which makes it even greater than the European Parliament. This reform has the potential to reduce the number of seats to 630. By deleting overhang mandates, the parliament becomes more efficient and less expensive.

judgment of the Federal Constitutional Court

On July 30, 2024, the Federal Government received a clear message from the second Senate in Karlsruhe: the new voting right is largely constitutional, but changes to the five percent clause must be made. Either this clause is modified or the voices of the CDU and CSU are counted together. This is particularly relevant because the CDU and CSU often work together, but compete separately in elections.

reactions of the political actors

The opposition sharply criticized the judgment. Friedrich Merz, head of the CDU, found that the traffic light coalition had failed with its project to eliminate political competitors. He described the decision as a "defeat" for the government. In contrast to this, Bundestag President Bärbel BAS (SPD) sees the judgment as an important signal to voters because it prevents the uncontrolled growth of the Bundestag.

The challenges of implementation

The judgment puts the pressure on the federal government to revise the five percent clause. If this does not happen, the basic mandate clause remains that enables parties to move into the Bundestag, even if you do not exceed the five percent hurdle as long as you can win at least three direct mandates. This regulation could be a chance to be represented in the Bundestag, especially for smaller parties.

A look at the future

The changes in the right to vote show a trend towards more regulated democracy in which voters receive more clarity about the composition of parliament. The court's decision could be interpreted as a turning point in the political arena. The participation of numerous voices and the definition of how votes are counted will shape the political discussion in the near future. The impending steps of the federal government will be decisive for how these legal provisions can be implemented in concrete terms and how the future elections are designed.

- Nag