Germany’s election law struck down by top court

Germany’s top court has ruled that the country’s election law is unconstitutional, leaving Europe’s biggest economy with no valid rules on how to distribute seats in the Bundestag lower house just over a year before the next vote.

The Constitutional Court yesterday upheld a case brought by the opposition Social Democrats, the Greens and more than 3,000 citizens against the law, which was altered by Chancellor Angela Merkel’s centre-right coalition last year.

The court said Germany’s complex system – which can end up creating extra or “overhang” parliamentary seats that benefit the bigger parties – breaches citizens’ rights to take part in direct, free and equal elections as enshrined in the constitution.

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Ms Merkel’s government now has to come up with a new law by autumn 2013, when the next federal election is due.

Deputy government spokesman Georg Streiter said: “Clarity has been brought to bear on a complex matter of German electoral law … This ruling must now be carefully, but quickly looked at.”

It is probable that all German parties will now agree on a new draft law. This might dilute the positive effect this quirk in the system has had for the bigger parties, especially Ms Merkel’s conservatives, but it unlikely to swing election outcomes.

In Germany, each voter can cast two ballots – one for a specific constituency candidate and the second for a particular party.

If a party wins more direct seats in a constituency than it would theoretically get according to the percentage of second votes, the Bundestag creates extra, or “overhang” seats.

Thomas Oppermann, a senior Social Democrat, said: “The coalition has paid the price for abusing the election law.”

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