123. What is the “5% threshold” in Germany?

Answer options

1. A voting rule in the Bundestag for small parties
2. Attendance control in the Bundestag for votes
3. The minimum share of votes required to enter Parliament
4. Attendance control in the Bundesrat for votes

Explanation

The five-percent threshold is the statutory electoral barrier (Sperrklausel) codified in the Federal Electoral Act (Bundeswahlgesetz), measured in Bundestag elections by the nationwide share of valid second votes (Zweitstimmen); analogous clauses exist in most Länder. Its purpose is to prevent party fragmentation and to secure the legislature’s capacity to form stable majorities—an institutional lesson drawn from the Weimar Republic. The Federal Constitutional Court has repeatedly upheld this qualified restriction of equal suffrage as proportionate; parties of recognized national minorities are exempt. Historically, the basic-mandate clause provided an exception to the 5% threshold.