YUMAK AND SADAK v. TURKEY JUDGMENT
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the period when the 10% threshold was in force, seven elections had
produced three coalition governments and three single-party governments.
These figures showed that the threshold had positive effects on
governmental stability.
94. The Government further submitted that the refusal to propose
policies accepted more or less generally throughout the country and cutting
oneself off from the rest of the country by representing only one region or a
particular constituency could not be considered compatible with the unitary
structure of the State. On that point, Turkey was not alone. The MathieuMohin and Clerfayt judgment showed that even in Belgium, where there
were different language groups, MPs and senators represented the Belgian
nation. Similarly, Article 80 of the Turkish Constitution provided that MPs
represented society as a whole.
95. The Government considered that the threshold was a proportionate
measure which mainly fell within its margin of appreciation. They argued in
particular that, as had been confirmed by the elections on 22 July 2007, the
applicants could have been elected on 3 November 2002 if they had stood as
independents or if DEHAP had formed an electoral coalition with one or
more of the large parties.
96. In that connection, they submitted that the results of the
parliamentary elections of 22 July 2007 corroborated the Chamber’s
findings in its judgment of 30 January 2007. The members of the DTP – the
party which, according to the applicants, had taken the place of the one they
were members of – had stood as independent candidates in the 2007
elections and had been elected easily because as independents they were not
subject to the national threshold. A few days after their election they had
rejoined the DTP and formed a parliamentary group (see paragraph 25
above). Having decided that it could not cross the threshold in the 2007
elections, the DTP had urged its members to stand as independent
candidates and had managed to obtain twenty seats in Parliament. It was
important to note that the total number of votes obtained by the DTP’s
independent candidates represented only 2.04% of the national vote, which
meant that the DTP would not even have been able to reach the 5%
threshold which, according to the applicants, was the expression of a
“common democratic political tradition” among European countries. If the
threshold had been lower – say 2% – the DTP, with 2.04% of the votes cast,
would have won only one seat, or two at the most. By winning twenty seats,
or 3.6% of the total number of seats in the Grand National Assembly, the
DTP had managed to raise its representation in Parliament to the maximum.
97. Moreover, political parties could collaborate under the banner of a
large party, even though forming joint lists was prohibited by section 16 of
Law no. 2839 on the election of members of the National Assembly. The
DSP, for instance, a party which had been a member of the ruling coalition
from 1999 to 2002, had been unable to get over the 10% threshold in the