Five Percent Electoral Threshold Case

Pl. ÚS 25/96 (Sb.) (1996)

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Five Percent Electoral Threshold Case

Czech Republic Constitutional Court
Pl. ÚS 25/96 (Sb.) (1996)

Facts

In 1993, the government of the Czech Republic enacted a new constitution following the dissolution of Czechoslovakia. Article 18 of the constitution required that elections for the senate be based on universal, free, and equal suffrage, with a secret ballot available for all voters. Article 20 of the constitution limited the scope of Article 18 by requiring that the organization of elections and the scope of judicial review over elections be set by law. The Government of the Czech Republic (defendant) enacted the Electoral Act, which required political parties to earn at least 5 percent of the popular vote before being awarded seats in the senate. In 1996, the political party DU (plaintiff) did not receive any parliamentary seats under the Electoral Act despite receiving 170,000 votes. DU filed a constitutional complaint challenging the validity of the Electoral Act. DU argued that the barrier clause contained in the Electoral Act violated the principle of universal, equal, and direct right to vote by secret ballot on the basis of proportional representation, and the equal right of all Czech citizens over age 21 to stand for election and to participate in the administration of public affairs directly or through the free election of representatives.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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