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YUMAK AND SADAK v. TURKEY JUDGMENT
63. In some proportional systems statutory thresholds are used to correct
the negative effects of proportional voting, and in particular to ensure
greater parliamentary stability. These thresholds, generally expressed as a
percentage of the votes cast, are “limits, fixed or variable, defined in terms
of the electoral result, which determine the share of a list or candidate in the
distribution of seats”. However, the role played by thresholds varies in
accordance with the level at which they are set and the party system in each
country. A low threshold excludes only very small groupings, which makes
it more difficult to form stable majorities, whereas in cases where the party
system is highly fragmented a high threshold deprives many voters of
representation.
64. Analysis of the electoral thresholds adopted in the member States
which have proportional representation shows that only four States have
opted for high thresholds: Turkey has the highest, at 10%; Liechtenstein has
an 8% threshold; and the Russian Federation and Georgia a 7% one. A third
of the States impose a 5% threshold and thirteen of them have chosen a
lower figure. The other member States (seven in number) do not use
thresholds. Moreover, in several systems the thresholds are applied only to a
restricted number of seats (in Norway and Iceland, for example). Thresholds
for parties and thresholds for coalitions may be set at different levels. In the
Czech Republic, for example, the threshold for one party is 5%, whereas in
the case of a coalition it is raised by 5% for each of the constituent parties.
In Poland, the threshold for coalitions is 8% whatever the number of
constituent parties. There are similar variations among the thresholds for
independent candidates: in Moldova, for example, the relevant threshold
is 3%.
THE LAW
I. SCOPE OF THE GRAND CHAMBER’S JURISDICTION
65. The Court observes that in the Chamber judgment (paragraph 40) the
complaint was formulated as follows:
“The applicants alleged that the imposition of an electoral threshold of 10% in
parliamentary elections interfered with the free expression of the opinion of the people
in the choice of the legislature. ...”
66. During the proceedings before the Chamber the applicants, relying
mainly on the results of the elections held on 3 November 2002, complained
of the 10% threshold. To that end, they carried out a comprehensive review
of elections in Turkey since 1946, the year in which a multiparty system
was introduced under the Republic. Later, in their referral request submitted