16 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

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