The Federal Constitutional Court has classified parts of the new electoral law reform as unconstitutional. Following the ruling, the Union faction is open to discussions on electoral law reform.
Berlin – Following the ruling of the Federal Constitutional Court, the Union faction in the Bundestag has declared itself ready to hold talks on changes to the electoral law. “The SPD knows that we are always willing to talk about reasonable proposals,” said the parliamentary manager of the Union in the Bundestag, Thorsten Frei (CDU), to the news agency AFP“The Union faction is engaged in constructive opposition work that has the interests of our country in mind first and foremost.”
SPD parliamentary group leader Rolf Mützenich offered talks to the Union on Tuesday. He said it was unclear whether there would be any legislative steps regarding electoral law before the federal election next year following the Karlsruhe decision.
Electoral reform approved: Union calls for adjustments to direct mandates
The Federal Constitutional Court had rejected the electoral reform of the traffic light coalition for 2023 on Tuesday classified as “mostly constitutional”However, the Union is calling for changes in the way direct mandates are handled. According to the approved part of the reform, a party will only receive as many direct mandates as are covered by its share of second votes. For the first time in German history, this could mean that direct candidates will not be able to enter the Bundestag, even though they have won in a constituency.
Parliamentary Secretary Frei confirmed that there must be changes here. “In order to correct the worst imbalance in electoral reform, the first vote must be strengthened again,” he told the AFP.
Traffic light coalition considers changes to basic mandate clause ahead of federal election
The discussion within the traffic light coalition regarding a possible change in the law before the federal election, however, has so far focused on the removal of the basic mandate clause, which was overturned by Karlsruhe. This allows parties that fail to clear the five percent hurdle to enter the Bundestag based on the share of their second votes. The prerequisite is that the parties win at least three direct mandates.
With its decision, Karlsruhe reinstated the basic mandate clause. This means that it will remain in effect until further notice, even without any further changes to the law. A change to the law before the federal election would not be necessary and could only take place in the next legislative period. However, the traffic light coalition has not yet agreed on a position on this. (afp/jek)
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