32
YUMAK AND SADAK v. TURKEY JUDGMENT
seats are distributed in accordance with the number of inhabitants, thus
ensuring the representation of the whole national territory (see paragraph 32
above). That is the result of a choice made by the legislature reflecting the
country’s constitutional structure and grounded on political and institutional
criteria. It is not as such incompatible with Article 3 of Protocol No. 1,
which does not in principle impose on Contracting States the obligation to
adopt an electoral system guaranteeing parliamentary representation to
parties with an essentially regional base irrespective of the votes cast in
other parts of the country. On the other hand, a problem might arise if the
relevant legislation tended to deprive such parties of parliamentary
representation (see paragraph 121 above).
125. Lastly, the Convention institutions have generally accepted that
electoral thresholds are intended in the main to promote the emergence of
sufficiently representative currents of thought within the country (see
Magnago and Südtiroler Volkspartei, cited above, and Tête, cited above; see
also, to the same effect, Partija “Jaunie Demokrāti” and Partija “Mūsu
Zeme”, cited above). Consequently, the Court agrees with the Chamber’s
finding that the interference in question had the legitimate aim of avoiding
excessive and debilitating parliamentary fragmentation and thus of
strengthening governmental stability.
(b) Proportionality
126. Referring to the Constitutional Court’s judgment of 18 November
1995, the Chamber considered that although the threshold was high it did
not go beyond a level within the margin of appreciation of the national
authorities in the matter, since it could not as such hinder the emergence of
political alternatives within society. The applicants contested the Chamber’s
conclusion, whereas the Government asked the Court to uphold it.
127. The Court observes that the national 10% threshold applied in
Turkey is the highest of all the thresholds applied in Europe (see
paragraph 64 above). In order to verify that it is not disproportionate, the
Court will therefore first assess its level in comparison with the threshold
applied in other European countries. It will then examine the correctives and
other safeguards with which it is attended.
(i) Elements of comparative law
128. The applicants submitted that the threshold applied in the present
case was not in conformity with “the common democratic political
tradition” of European countries.
129. The Court observes that electoral thresholds are not unknown
among European electoral systems and that there are different kinds which
vary according to the type of election and the context within which they are
used. Analysis of the electoral thresholds adopted in the member States
shows that, apart from Turkey, only three States have opted for high