YUMAK AND SADAK v. TURKEY JUDGMENT
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60. Moreover, in reply to a question from a parliamentarian following
his address to the Parliamentary Assembly on 3 October 2007, the President
of the Republic of Turkey said that the 10% threshold met a real need, but
might in due course be dispensed with (see the verbatim record of the sitting
on 3 October 2007). The relevant parts of his reply read as follows (Registry
translation of summary in French in the verbatim record of the sitting on
3 October 2007):
“Mr Gül explained that the 10% threshold had been introduced to remedy the
instability of previous years, in which there had been a large number of coalition
governments in close succession. The threshold did not prevent independent
candidates from standing. In the latest parliamentary elections, in July 2007, voter
turnout had been 85%, which showed how representative Parliament was. Now that
political stability had been restored the 10% threshold could be reconsidered.”
C. Comparative law
61. Although there is no uniform classification of types of ballot and
electoral systems, it is usual to distinguish three main types: majority vote
systems, proportional systems and mixed systems. In majority vote systems,
the winner is the candidate or list of candidates obtaining the majority of the
votes in the decisive round of voting. This type of ballot makes it possible to
vote in governments with clear parliamentary majorities, but at the same
time it militates against the representation of minority political parties.
Thus, for example, in the United Kingdom the use over many decades of a
single round of voting in a single-member majority vote system (“first past
the post”), combined with the existence of two dominant political parties,
has had the effect of giving few seats to other parties in relation to the
number of votes that they obtain. There are other similar cases, in France for
instance, where there is a majority vote system spread over two rounds of
voting. At the opposite extreme, the aim of the proportional representation
system is to ensure that the votes cast are reflected in a proportional number
of seats. Proportional representation is generally considered to be the fairest
system because it tends to reflect more closely the various political forces.
However, the disadvantage of proportional representation is that it tends to
lead to fragmentation among those seeking electoral support and thus makes
it more difficult to establish stable parliamentary majorities.
62. Currently, proportional systems are the most widely used in Europe.
By way of example, Bulgaria, the Czech Republic, Denmark, Estonia,
Ireland, Luxembourg, Malta, Moldova, Norway, Poland, Portugal,
Romania, Russia, Spain, Sweden and Turkey have opted for one or other
variant of proportional representation. There are also mixed systems
containing various combinations of the two types of ballot (in Germany,
Italy and Lithuania, for example).