German parliamentary elections: Hans-Jürgen Papier calls for a threshold of 3%

Hans-Jürgen Papier, former president of Germany’s Federal Constitutional Court, has called for lowering the electoral threshold for entering the German parliament from five percent to three percent. In an interview with Tagesspiegel, Papier argued that the current five-percent hurdle is outdated and hinders political diversity. He stated he supports reducing the threshold to three percent, saying it would allow more parties to gain representation and strengthen democracy. The debate over the electoral threshold has gained momentum ahead of the 2025 federal elections. Papier, who previously served as a constitutional judge, emphasized that the high threshold contributes to political stagnation. He noted that during the 2025 election, nearly seven million valid second votes were lost because they went to parties that failed to reach the five-percent mark. This, he argued, effectively rendered those votes meaningless, undermining the principle of equal voting rights. Papier pointed to the European Parliament elections, where the Constitutional Court had ruled that any electoral threshold was unconstitutional due to its conflict with the principle of equal suffrage. He used this ruling as a precedent to argue that the five-percent threshold for the Bundestag and state parliaments should also be reconsidered. “This is a clear indication that the high threshold is incompatible with democratic principles,” he said. He warned that maintaining the five-percent rule risks creating a “political fossilization” within the system. According to Papier, the current threshold makes it extremely difficult for new parties to emerge and sustain themselves. “With the five-percent threshold, it is very hard to found a party, build it up, and keep it alive,” he explained. “This leads to the danger of political stagnation.” Papier further contended that having more parties represented in parliament does not equate to less democracy, it enhances it. A lower threshold, he argued, would result in a more diverse Bundestag, better reflecting the population's views. “A three-percent threshold would represent more citizens in parliament, make the Bundestag more diverse, and increase public trust in democracy,” he said. “Competition among parties energizes political activity.” In addition to advocating for change, Papier stressed that the current threshold fails to serve its intended purpose. He questioned whether the five-percent rule is still necessary to ensure the functionality of the parliament and the formation of a government. “Is it absolutely essential to maintain the five-percent threshold to preserve parliamentary function and enable governance?” he asked. “I believe the answer is no.” Papier’s comments come amid growing discussions about reforming Germany’s electoral system. While some politicians and analysts support his call for a lower threshold, others remain skeptical. The debate reflects broader concerns about how Germany’s political landscape is evolving and whether the existing rules still align with modern democratic values. As the country prepares for the next federal election, the question of whether to adjust the threshold will likely continue to shape political discourse.