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Top German court nixes European Parliament vote hurdle

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Germany's top court on Wednesday struck down the country's three-percent electoral threshold for political parties to win seats in the European Parliament.

The decision followed a complaint by 19 small parties that the rule put them at an unfair disadvantage in May's European parliamentary ballot.

The Constitutional Court found the clause represented a "serious encroachment" on electoral equality and fairness that was "not justified" and flouted Germany's constitution.

Political parties are currently lining up their lead candidates for the May elections.

Germany's current five-percent hurdle for entry into the Bundestag lower house of parliament, which elects the national government, is not affected by the court's decision.

The Karlsruhe-based court said such a hurdle was not needed for the European Parliament to be able to function, whereas in the Bundestag, a stable majority is required to elect a government that is capable of acting.

German lawmakers last June voted to lower the electoral threshold for the European parliament from five to three percent following an earlier ruling by the constitutional court.

The court had in 2011 ruled against the five percent-marker for European elections because it put small parties at a disadvantage, without suggesting an alternative level.

The removal of the three-percent hurdle may spell good news for Chancellor Angela Merkel's former junior coalition partners, the pro-business Free Democrats, in the European elections.

The party flunked out of the German parliament for the first time ever in the September poll when it failed to skim the five percent of votes needed.

Germany will have 96 of the 751 seats in the new European Parliament after the May vote.

Germany’s top court on Wednesday struck down the country’s three-percent electoral threshold for political parties to win seats in the European Parliament.

The decision followed a complaint by 19 small parties that the rule put them at an unfair disadvantage in May’s European parliamentary ballot.

The Constitutional Court found the clause represented a “serious encroachment” on electoral equality and fairness that was “not justified” and flouted Germany’s constitution.

Political parties are currently lining up their lead candidates for the May elections.

Germany’s current five-percent hurdle for entry into the Bundestag lower house of parliament, which elects the national government, is not affected by the court’s decision.

The Karlsruhe-based court said such a hurdle was not needed for the European Parliament to be able to function, whereas in the Bundestag, a stable majority is required to elect a government that is capable of acting.

German lawmakers last June voted to lower the electoral threshold for the European parliament from five to three percent following an earlier ruling by the constitutional court.

The court had in 2011 ruled against the five percent-marker for European elections because it put small parties at a disadvantage, without suggesting an alternative level.

The removal of the three-percent hurdle may spell good news for Chancellor Angela Merkel’s former junior coalition partners, the pro-business Free Democrats, in the European elections.

The party flunked out of the German parliament for the first time ever in the September poll when it failed to skim the five percent of votes needed.

Germany will have 96 of the 751 seats in the new European Parliament after the May vote.

AFP
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With 2,400 staff representing 100 different nationalities, AFP covers the world as a leading global news agency. AFP provides fast, comprehensive and verified coverage of the issues affecting our daily lives.

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