Home > 3.3 Mixed systems > GERMANY - Joint Opinion on the Amendments to the Federal Election Act
 
 
 
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Paragraph 25
 

As some of the political parties represented currently in the parliament have criticised the reform and claimed it to be unconstitutional, the reform cannot be defined as based on a broad consensus. However, international standards cannot be understood as preventing any reform of the electoral system which may be opposed by some political parties. On the other hand, building a broad consensus on the choice and fundamental aspects of an electoral system contributes to the acceptance, legitimacy and stability of the governing system. Amendments to the substantial elements of the electoral legislation could only be considered appropriate if the aim of the reform is in accordance with public interest and other proposed solutions were disregarded only after thorough public discussions and explanations. The change of the system is disputable only if it undermines the confidence of the voters, political parties and civil society in the electoral process. In the present case, extensive political consultations and public debate on the reform were held, however, some fundamental changes – which may exclude some political parties currently represented in the Bundestag from the parliament –, while debated, were tabled late in the process.