February 27, 2014

Three-Percent Clause in the Law Governing European Elections held Unconstitutional

In its judgment pronounced on 26 February 2014, the Second Senate of the Federal Constitutional Court has ruled that the three-percent clause, inserted by the Fifth Act amending the European Elections Act (Europawahlgesetz) of 7 October 2013 (Federal Law Gazette BGBl. I p. 3749) violates the principles of electoral equality and equal opportunities of political parties. It has therefore declared void the provision of Section 2 (7) of the European Elections Act, which is the basis of the restrictive clause.

You can find more detailed information on the website of the Federal Constitutional Court: http://www.bundesverfassungsgericht.de/pressemitteilungen/bvg14-014en.html