The July 30th decision of the German federal constitutional court to uphold the government’s move to reduce the size of the Bundestag has far-reaching implications for German politics and its electoral system. This article explores the context and reasoning behind the decision, analyzing the evolution of Germany’s complex electoral architecture and the controversies surrounding the recent legislation.

The Complexities of German Electoral System

Germany’s electoral system, characterized by a personalized proportional or mixed-member proportional representation (MMP), involves a complex allocation of seats that has led to a steadily expanding Bundestag over the years.

Two Votes, Two Types of Seats

Since 1953, German voters have cast two votes: the first for a candidate in a local constituency and the second for a political party. The first vote determines 299 directly elected candidates, while the second vote allocates another 299 seats proportionally among parties, distributed across the 16 German regions. This system aims to balance direct representation with proportional representation.

Overhang Seats and Balance Seats

The system, however, has faced challenges due to the prominence of large parties like the SPD and CDU. These parties often secure a greater number of directly elected seats than they would be entitled to based on their second vote share. These excess seats are called “overhang seats.” This imbalance led the Constitutional Court to mandate the introduction of “balance seats” for smaller parties to maintain the principle of equal suffrage. However, this resulted in a further expansion of the Bundestag.

The 2023 Reform: A Step Towards Downsizing

In an effort to address the ballooning size of the Bundestag, the government enacted legislation in March 2023 to cap the size of the Bundestag at 630 representatives starting from the 2025 elections.

Reducing the Overhang Seats

This legislation aims to eliminate overhang seats by modifying the system for allocating directly elected seats. Instead of automatically translating into a parliamentary seat, directly elected seats will now be determined by the party’s overall share of the second vote. This effectively reduces the weight of directly elected seats.

Controversy and Potential Reversal

The government’s move to limit the size of the Bundestag has been met with controversy, primarily due to a lack of extensive consultation. The opposition CDU has vowed to reverse the legislation upon regaining office.

Implications of the Constitutional Court Decision

The constitutional court’s decision upholding the government’s downsizing measure is a significant development in the evolution of Germany’s electoral system. This decision reinforces the principle of limiting the size of the Bundestag and addresses concerns regarding its functional efficiency and cost-effectiveness.

Impact on Smaller Parties

The decision has implications for smaller parties that have benefited from the allocation of balance seats. It remains to be seen how smaller parties will adapt to the new system and whether they will have reduced influence in the Bundestag.

Rethinking Electoral Systems

The case also highlights the ongoing debate about the efficacy of MMP systems. The German case reveals the challenges inherent in balancing direct and proportional representation, potentially sparking wider discussion about the design and reform of electoral systems in other countries.

Takeaway Points

• The German constitutional court’s decision to uphold the government’s downsizing of the Bundestag marks a significant shift in German electoral politics.
• The decision reflects concerns about the escalating costs and functional efficiency of an overly large legislature.
• The downsizing legislation will significantly impact the allocation of seats and influence in the Bundestag, especially for smaller parties.
• This case offers valuable insights for other nations grappling with similar issues of balancing direct and proportional representation within their own electoral systems.