Home > 1.1.3 Submission of candidatures > GERMANY - Joint Opinion on the Amendments to the Federal Election Act
 
 
 
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Paragraph 52
 

There are no restrictions for independent candidates to run for elections, in line with paragraph 7.5 of the Copenhagen Document. Section 6 does not require coverage by second votes for independent candidates to win a seat, whereas Section 6 requires such coverage for constituency candidates who have been nominated by a party and who obtain the largest number of second votes in their constituency. Section 27 was amended to provide that “[o]nly persons who have not been nominated as candidates under Section 20 may be nominated as candidates on a Land list.” This means that independent candidates are prohibited from simultaneously standing for election on a party’s Land list, limiting their right to stand for election. The Explanatory Note justifies this restriction by noting that “the advantages resulting from independent candidature cannot be combined with the benefits of party nomination, and this ensures that no one will secure an over privileged position.” While this provision prevents potential abuse of this option, it does not increase the possibility for an independent candidate to be elected. Specifically, by abolishing the “weight” of the constituency (first) vote and shifting to strict proportional representation, the chances of independent candidate to be elected would be lowered. Positively, amended Section 48 stipulates that, if an independent candidate withdraws from parliament, his or her seat remains vacant. However, it is not entirely clear if this seat is reserved for independent candidates, or any other party can compete in a by-election. Further measures to ensure equal and more effective participation of independent candidates could be envisaged.