Election Law Europe

A minimum threshold for seat allocation may be established, which, however, may not exceed five percent of the votes cast nationwide. On July 13, 2018, the European Council, with the approval of the European Parliament, adopted an amendment to the Direct Election Act, which includes, among other things, a mandatory percentage threshold of 2 to 5 percent. The minimum threshold applies to constituencies with more than 35 seats and is therefore particularly relevant for Germany and Spain. Member states must implement this obligation no later than the second election after the entry into force of the amendment, which, in a smooth ratification process, would have been the election for the European Parliament in 2024. Because, among other reasons, Germany did not complete the ratification before the European elections in 2019, the mandatory threshold requirement will not come into effect until the earliest European elections in 2029. The amendment to the Direct Election Act must be ratified by all member states, requiring a two-thirds majority of the members in the Bundestag and Bundesrat in Germany to do so.