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Paragraph 42
 

Taken together, these factors lead to a serious infringement of the principle of equality of effect. Against this background, it is strongly recommended that other options of allocating undistributed mandates than the one suggested by the draft amendments are taken into consideration, such as proportional allocation either to all political parties passing the 5% threshold or setting up of a ceiling to the number of wasted votes that is to be allocated to the winning party so that the latter has a workable but not an overwhelming parliamentary majority, and/or reduction of the threshold to 2% or 3%, thus applying the proportional system also to the distribution of leftover mandates.