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.
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Approximately half of the EU member states currently have a threshold in place for European elections. On July 13, 2018, the European Council, with the approval of the European Parliament, agreed to introduce a mandatory threshold for all EU member states that allocate more than 35 seats in a constituency (in Germany, the entire country forms a constituency for European elections, with 96 seats being allocated).