In the dispute between the coalition and the opposition over the new electoral law, former left-wing faction leader Gregor Gysi proposes lowering the five percent hurdle. "If the traffic light coalition does not want to risk a constitutional dispute, it must lower the percentage hurdle to three or 3.5 percent," Gysi told the "Spiegel". If the basic mandate clause is dropped, the five percent hurdle must be lowered at the same time.
The electoral law reform passed with the votes of the traffic light coalition stipulates the size of the Bundestag at 630 MPs. To achieve this, the second vote is given more weight - this can mean that not all constituency winners get into parliament. The basic mandate clause was abolished. Previously, she allowed a party with fewer than five percent of the second votes to move into parliament, as long as it wins at least three direct mandates.
Gysi argued with the constitutionally enshrined equal opportunities for the parties. The Federal Constitutional Court had previously pointed out "that the basic mandate rule contributes to the representation of the voters' will," he said.
If the clause were dropped and the five percent hurdle was lowered at the same time, the "goals set by the highest court would be achievable," the lawyer was convinced. Lawsuits or complaints in Karlsruhe are then very likely superfluous.
Both the left and the Union have announced that they will go before the Federal Constitutional Court because of the reform. The left had entered the Bundestag in the 2021 federal election because of the basic mandate clause, the party achieved 4.9 percent.
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