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Three-Percent Threshold Case

Germany Federal Constitutional Court
Judgment of 26 Fed. 2014, 2 BvE 2/13, 2 BvE 5/13, 2 BvE 6/13, 2 BvE 7/13, 2 BvE 8/13, 2 BvE 12/13, 2 BvR 2220/13, 2 BvR 2221/13, 2 BvR 2238/13 (2014)

Written by Mary Katherine Cunningham, JD

Facts

Under the Direct Elections Act, the member states in the European Parliament were required to elect representatives for the European Parliament under a system of proportional representation. The member states were permitted to enact legislation to regulate these elections. The Federal Republic of Germany conducted elections to the European Parliament under legislation imposing a 5 percent electoral threshold upon the 2009 European Parliament elections. In 2011, the Federal Constitutional Court found that the 5 percent electoral threshold that applied to the 2009 European Parliament elections was unconstitutional. The German government then imposed a 3 percent electoral threshold for subsequent European Parliament elections. The Federal Constitutional Court accepted an Organstreit proceeding, a proceeding relating to disputes between constitutional organs, on the newly imposed 3 percent electoral threshold.

Rule of Law

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Issue

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Holding and Reasoning ()

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Dissent (Müller, J.)

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