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Thuringian Court Upholds Five-Percent Electoral Threshold

The ÖDP’s constitutional challenge is dismissed, affirming the rule’s enshrinement in the state constitution and its continued application in elections.

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Overview

  • The Thuringian Constitutional Court has ruled that the five-percent electoral threshold remains valid and binding under the state constitution.
  • The Ökologisch-Demokratische Partei (ÖDP) had filed a challenge seeking to abolish or lower the threshold, which bars parties receiving less than five percent of votes from entering the state parliament.
  • The court declared the ÖDP’s application inadmissible, stating that the threshold is explicitly enshrined in the Thuringian constitution.
  • This decision follows a March oral hearing and a prior failed emergency injunction by the ÖDP in 2024 to suspend the rule ahead of elections.
  • The five-percent threshold is a standard feature of German electoral systems, designed to prevent fragmentation in legislative bodies.