Home > 3.2 Proportional systems > TÜRKIYE - Joint Opinion on the Amendmets to the Electoral Legislation by Law No. 7393 of 31 March 2022
 
 
 
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Paragraph 29
 

The Venice Commission and ODIHR recall that the European Court of Human Rights has recognised in its case law that States have a wide margin of appreciation in this matter. The 10% electoral threshold as provided by the Turkish electoral system was considered by the ECtHR in its decision in the case of Yumak and Sadak (2007) and found compatible with Article 3 of Protocol 1 to the ECHR. The ECtHR noted that “in general a 10% electoral threshold appears excessive” and should be lowered. According to the Court, “[i]n the present case, however, the Court is not persuaded that, when assessed in the light of the specific political context of the elections in question, and attended as it is by correctives and other guarantees which have limited its effects in practice, the threshold has had the effect of impairing in their essence the rights secured (.…) by Article 3 of Protocol No. 1.”