The threshold for independent candidates has been kept in Article 87 at 3%. This has been an issue since the adoption of the Code, when all contestants were supposed to overcome a 4% threshold, in order to win any seat[7]. It was soon disputed that the proportional distribution system, combined with the threshold, achieved an unfair outcome when applied to both party lists and independent candidates: while a party list passing the threshold would receive at least 3 to 5 seats, an independent candidate with the same amount of votes would get only his/her own seat. The issue was taken to the Constitutional Court and debated several times in parliament. It still stands as it is. On this issue, the comment of OSCE/ODIHR 1998 EOM Parliamentary Elections Final Report reads: “It should be noted that the rule as it stands makes it difficult for an independent candidate to win a seat in the Parliament. This is, however, an intended effect and it is also the case in many countries that the representation from parties is the main rule, but an opening for independent candidates is being kept for exceptional cases.”
