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YUMAK AND SADAK v. TURKEY JUDGMENT
deficiencies noted in the above-mentioned Resolution. With regard to
electoral thresholds, it recommended that the Committee of Ministers urge
member States to:
“17.10 consider decreasing thresholds over 3% for parliamentary elections and ...
consider the balance between fair representation and effectiveness in Parliament and
government.”
2. Documents of the European Commission for Democracy through
Law (the Venice Commission)
54. The Code of good practice in electoral matters, adopted by the
Venice Commission in 2002, emphatically states: “The five principles
underlying Europe’s electoral heritage are universal, equal, free, secret and
direct suffrage.” “Within the respect of” those principles, “any electoral
system may be chosen”.
55. The relevant part of the Venice Commission’s Report on electoral
law and electoral administration in Europe, of 12 June 2006, reads as
follows:
“[T]he effects of one particular electoral system can be different from country to
country, [and] we must appreciate that electoral systems can pursue different,
sometimes even antagonistic, political aims. One electoral system might concentrate
more on a fair representation of the parties in Parliament, while another one might aim
to avoid a fragmentation of the party system and encourage the formation of a
governing majority of one party in Parliament. One electoral system encourages a
close relationship between voters and ‘their’ constituency representatives, while
another makes it easy for the parties to specifically introduce women, minorities or
specialists into Parliament by way of closed party lists. In some countries,
complicated electoral systems are accepted in order to combine several political aims.
In other countries, it is seen as a priority that the electoral system be not too difficult
for the electorate and the administration to understand and operate. The
appropriateness of an electoral system is determined according to whether it will do
justice, bearing in mind the local conditions and problems. In particular, transparency
of the elaboration of the list should be ensured. Thus, the electoral system and
proposals to reform should be assessed in each individual case.”
56. In its Report on electoral rules and affirmative action for national
minorities’ participation in decision-making process in European countries,
of 15 March 2005, the Venice Commission, having analysed the practices of
certain member States, recommended five specific measures to promote the
representation of minorities. Two of the measures concerned have a bearing
on the question of electoral thresholds:
“...
d. Electoral thresholds should not affect the chances of national minorities to be
represented.