Karlsruhe tops part of Ampel coalition's electoral reform
Linke, CSU, and CDU, along with numerous citizens, challenged the election reform passed by the traffic light coalition in March of last year before the Federal Constitutional Court. Doubts about the constitutionality of the reform concerned two elements of the law - the so-called second-vote coverage, which means that a constituency winner no longer automatically enters the Bundestag, and the basic mandate clause.
This clause ensures that parties, despite failing to clear the five-percent hurdle, can enter the Bundestag with the strength of their second-vote results if they win at least three direct mandates. The Federal Constitutional Court overturned the abolition of the basic mandate clause with its ruling, meaning it will also apply to the next federal election. The Left benefited from this regulation in the last election, as they failed to clear the five-percent hurdle with 4.9 percent but were still able to enter the Bundestag in faction strength due to winning three constituencies.
Deputy Constitutional Court President Doris König stated during the ruling that the abolition of the basic mandate clause is not compatible with the Basic Law because it involves unequal treatment. The court particularly targeted the CSU, which only runs in Bavaria and forms a joint faction with the CDU in other federal states. The CSU recently received 5.2 percent nationwide and would not have received any mandates with a result of less than five percent, despite winning almost all direct mandates in Bavaria in previous elections.
Doris König explained that the abolition of the basic mandate clause would be too far-reaching given the close cooperation between CDU and CSU. The Federal Constitutional Court confirmed the changes to second-vote coverage. Under the reform, Bundestag seats will now be allocated solely based on second votes. This could result in some direct candidates no longer being represented in the Bundestag despite winning in their constituency, which the CSU had also criticized.
The Union views the Federal Constitutional Court's election ruling as a success. CDU leader Friedrich Merz wrote on the online service X that "the 'traffic light' coalition's attempt to eliminate political competitors using the election law has failed." CSU leader Markus Söder, on the other hand, described the ruling as a "slap in the face" for the traffic light government.
Markus Söder referred to the confirmation of the reform regarding second-vote coverage as a "sour taste." The CSU leader announced that he wants to change this, stating that it is a "condition for the next federal government."
The Left, which was among the plaintiffs, is satisfied with the ruling. The planned abolition of the basic mandate clause by the traffic light coalition was an "undemocratic" decision that the Federal Constitutional Court has rightly corrected, said Left MP Gesine Lötzsch in the ARD.
Bundestag President Baier sees the ruling as an "important signal to voters." "There will be no uncontrolled growth of the German Bundestag anymore," she explained, adding that this creates planning security, reduces costs, and strengthens the Bundestag's ability to work.
Representatives of the traffic light factions expressed satisfaction despite the partial rejection of the election reform. The Karlsruhe court has confirmed "the core of the election reform," explained FDP deputy faction leader Konstantin Kuhle.
Similar statements came from the SPD and Greens: The reduction of the German Bundestag to 630 members is "accomplished and constitutional," said the deputy SPD parliamentary group leader Dirk Wiese. The parliamentary business manager of the Greens, Till Steffen, spoke of a "great success" that was "achieved against the fierce resistance of the CSU in particular."
The AfD welcomed the fact that the Bundestag will not continue to grow following the ruling. The deputy federal spokesman Stephan Brandner stated, "In conclusion, this is a small step in the right direction. Further reform and reduction steps must follow."
The CDU and its leader, Friedrich Merz, view the Federal Constitutional Court's ruling on the election reform as a success, as it stops the traffic light coalition's attempt to eliminate political competitors through the election law. The CSU, a partner party of the CDU, also expressed satisfaction with the ruling, especially regarding the confirmation of second-vote coverage, which they plan to change in the next federal government.
