Article 163(5) makes an exception in the distribution of mandates according to the number of preference votes in case the candidate with fewer votes belongs to the least represented gender. This system of guaranteeing gender parity in Parliament in the distribution of mandates goes beyond the Code of Good Practice in Electoral Matters and its 2006 interpretative declaration, which only accepts the implementation of the parity principle among candidates. The position taken during the elaboration of the Code gave priority to free suffrage over parity, based on the opinion that, should the voter be given a full choice between candidates, provisions on gender parity could go against it. According to the revised Electoral Code, the voters’ choice has only a limited impact on the determination of which candidates on a list are elected; under these circumstances, the guarantee of a gender-balanced representation does not pose a problem, but should, on the contrary, be praised.