German electoral reform is partially unconstitutional, top court rules

German electoral reforms aimed at limiting the size of parliament are in parts unconstitutional, the Federal Constitutional Court ruled on Tuesday.

The reform, initiated by the Chancellor Olaf ScholzThe European Parliament’s center-left coalition wants to limit the size of the Bundestag to a maximum of 630 seats. The lower house of the German parliament is considered the largest freely elected legislature in the world.

The number of legislators elected to the Bundestag in 2021 was 736, due to a complex voting system that allows the number of legislators to grow depending on the election result. A partial recount and layoffs reduced the number from 736 to 733 today.

German citizens voted twice in national parliamentary elections: once directly for a regional candidate and a second for a party list, which determines the party’s relative strength in parliament.

The reforms eliminate a clause that allowed smaller parties to enter parliament with directly elected regional candidates, despite having failed to obtain the necessary 5% of the vote at national level.

However, this aspect of the reform – which was introduced in June 2023 and would have come into force in next year’s parliamentary elections – is unconstitutional, the Karlsruhe-based court concluded.