The Federal Constitutional Court in Germany has begun hearings on the new electoral law proposed by the Ampel coalition, which aims to reduce the size of the Bundestag. The CDU has filed a lawsuit against the reform, claiming that it violates the principles of fairness and constitutionality. CDU leader Friedrich Merz expressed concerns about the impact on party equality, while Left Party politician Gregor Gysi accused the majority coalition of manipulating the system to exclude certain parties from parliament, particularly targeting his own party and the CSU.
The proposed reform includes the abolition of overhang and compensation mandates, as well as the removal of the basic mandate clause, with the goal of limiting the size of the Bundestag to 630 members. Under the new system, mandates will be allocated based solely on the proportion of second votes received, potentially leaving some electoral districts without representation. The change in the electoral law is seen as a threat to parties like the CSU, who only compete in one state, and the Left Party, which previously benefitted from the basic mandate clause despite failing to cross the five percent threshold.
The sudden decision to amend the electoral law last year has raised concerns among opposition parties, with Union and Left Party criticizing the rushed process. Critics argue that the change will lead to underrepresentation of certain regions and parties, as well as potential complications in the distribution of seats. While proponents of the reform defend its fairness and necessity in preventing the perpetual growth of the Bundestag, opponents fear that it could negatively impact smaller parties and regional representation.
Various stakeholders, including the Bavarian state government, the CSU, members of the Union faction, the Left Party, and private citizens represented by the organization “More Democracy”, have brought their grievances to the Federal Constitutional Court. They argue that the five percent threshold is not set in stone and should be reconsidered to ensure a more equitable electoral system. The court’s decision is eagerly awaited, as it will have significant implications for the upcoming federal election, scheduled for late 2025.
Representatives from the government factions have defended the electoral reform, asserting that the new system is fair and free from distortions. SPD and FDP politicians emphasize the importance of reducing the size of the Bundestag and ensuring that the electoral process is transparent and representative of the will of the people. The court proceedings are expected to last for two days, with expert testimonies being heard before a verdict is reached, likely later this year. The outcome of the case will shape the electoral landscape in Germany and determine the rules governing future parliamentary elections.
