Home > 3.2 Proportional systems > Report on the Thresholds and other Features of Electoral Systems which bar Parties from acces to Parliament (II)
 
 
 
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Paragraph 56
 

In Germany, this geographical affiliation is reinforced by the dual vote system, with half the seats attributed to single member constituencies and the other half to lists, from which seats are then allocated on a compensatory basis to achieve national proportional representation. The system has great attraction but is not exempt from criticism. The most traditional one concerns the Überhangsmandate, or the additional seats that parties obtain and retain if they win more seats directly than they would be entitled to on a proportional basis (16 in the 2009 elections). The Constitutional Court has also identified a curious perverse effect of second votes, whereby in certain cases parties can obtain more seats by receiving fewer second votes. As a result, the Court has declared this aspect of the electoral law unconstitutional and called for a redrafting, which will probably be completed by 2013 (judgment of 3 July 2008).