Home > 3.3 Mixed systems > GERMANY - Joint Opinion on the Amendments to the Federal Election Act
 
 
 
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Paragraph 48
 

The question can however be raised whether the 5% threshold as such, without any exception save for national minorities, goes against international standards. There exist various forms of electoral thresholds which aim to avoid excessive fragmentation of the political landscape. There may, on the contrary, be measures giving preference to a more varied composition of legislative bodies or granting a certain protection to smaller political formations. The ECtHR has recognised that these measures differ from country to country and has refused to assess any particular threshold without taking into account the electoral system of which it forms a part (Yumak and Sadak v. Turkey).29 In principle, it affords the State Parties a broad margin of appreciation on how to regulate such threshold requirements.30 However, a threshold of 10% is considered to be excessive by the ECtHR, at least in the absence of correctives (Yumak and Sadak v. Turkey).31 The election threshold of the Turkish electoral system has appeared repeatedly before the Venice Commission. Although Türkiye consequently decreased the threshold to 7%, it was still deemed high by the Venice Commission.