Drops the Other Electoral Schuh

Tuesday, March 11th, 2014

A coming high point in European Union affairs is the elections to the European Parliament scheduled for the period 22-25 May, which will be for all 751 seats. They were made more exciting (if you find them exciting at all in the first place) by an extraordinary intervention a few weeks ago by the German Federal Constitutional Court, which struck down the 3% threshold that had been required of individual political parties for gaining representation in the European Parliament at all.

The reason that this made those upcoming EP elections a bit more exciting is that it means that the way is open now for representatives from all sorts of wacky parties to take their seats there come June, although be forewarned that these parties are more likely to be “wacky” as in “unsavory” – like the German neo-Nazi NPD, for example, and also quite likely indeed to be ideologically opposed to the very institution into which they are gaining admission – rather than as in “loony.” (There is no European equivalent to the UK’s Official Monster Raving Loony Party that I am aware of, for example.)

Nonetheless, five of the judges on that German Federal Court (out of eight) concluded that there was no more need for any such electoral threshold to “preserve the European Parliament’s ability to function.” Fine, then, but the legislatures of a handful of other EU member-states do still retain this sort of electoral threshold – in particular, Germany itself, with a 5% hurdle to gain representation in the Bundestag!

Inevitably, then, this has come along:

Prozenthurd
Yes, it’s Die Linke, or “The Left” which is the German political party now calling on that domestic electoral hurdle to be abolished. That’s the party representing the left-over of the old SED, i.e. the “unity” party which dominated the former German “Democratic” Republic (East Germany) in a far from democratic manner.

Let’s remember why that 5% barrier was inserted into Germany’s post-WWII federal constitution in the first place: because the constitution of the Weimar Republic before Hitler did not have any such rule, and it was the proliferation of pissant political parties in the Reichstag that made the State almost ungovernable and paved the way to power for the Nazis.

Indeed – and as you would expect – representatives of the more mainstream parties on the current German political scene reacted distinctly unenthusiastically to that suggestion from head of Die Linke. The deputy chairman of the governing coalition’s Bundestag faction, Thomas Strobl, for instance: “In the 65 years since this German republic was established, this clause has given us stability and predictability.”

The German President, Joachim Gauck, however, has indicated a willingness to see a debate on the point. What’s more, maybe “predictability” is not necessarily the characteristic you would most want to associate with any legislative body that is supposed to be accountable to the people through elections.

At bottom, though, we are left with a simple logical inconsistency. Could those five federal justices voting to abolish the EP’s 3% electoral hurdle please explain why that same calculus should not also apply to the Bundestag’s 5% hurdle? One suspects that the only answer they would be able to come up with is that the European Parliament is so much less important – has so much less real power – than the Bundestag that it is quite alright to maintain the former as a convenient hobby-horse for all of one’s best, and most idealistic, democratic intentions.

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