Electoral thresholds in European elections. Developments in Germany

The procedure for elections to the European Parliament (EP) features only a limited set of principles common to all Member States (MS). There is no 'harmonisation' of electoral thresholds, but MS may establish thresholds of no more than 5%.

In Germany, the new electoral act recently adopted by the Bundestag reduces the threshold applicable to European elections from 5% to 3%. The German Constitutional Court had declared the previous electoral threshold unconstitutional. It argued that the functions of the EP – and in particular the fact that it does not need to sustain an EU government by means of stable majorities – do not justify the restriction of the principles of equal suffrage and of equal opportunities for political parties.

In November 2012, the European Parliament adopted a resolution calling on MS to establish electoral thresholds, to ensure Parliament is able to function effectively.

Moreover, calls have been voiced to establish a 'European' electoral threshold, taking into account the participation of different national parties within European political groups, to avoid further fragmentation of Parliament.