5ProzentHürde

The 5ProzentHürde, commonly referred to as the 5-Prozent-Hürde, is a rule in German electoral law that affects party representation in the Bundestag. It requires a party to obtain at least 5 percent of the national second votes (Zweitstimmen) to be allocated seats based on the proportional part of the vote. The threshold is part of Germany’s mixed-member proportional representation system and is intended to prevent fragmentation of the party system and to promote governability. The rule is anchored in the Federal Elections Act (Bundeswahlgesetz) and is understood in the context of the Basic Law (Grundgesetz).

Exception and interplay with direct mandates: A party that fails to reach the 5 percent threshold can still enter the Bundestag if it wins at least three direct constituencies (Direktmandate). In that case, the seats won directly are included in the overall seat distribution, and the party may receive representation despite not crossing 5 percent in the second vote. This exception is known as the basic or three-direct-mandates clause and serves as a mechanism to acknowledge regional strength.

Historical and political context: The 5 percent rule was introduced in the early postwar period to curb fragmentation and the influence of extremist or splinter movements. It has been upheld by constitutional courts as compatible with fundamental law, though it remains a subject of political debate. Supporters view it as a stabilizing factor for government formation; critics argue that it limits representation for smaller or new parties and reduces the diversity of political voices in parliament.

Impact: The threshold shapes party strategies, campaign focus, and coalition dynamics, reinforcing larger parties while potentially marginalizing smaller ones. It is a defining feature of Germany’s electoral landscape and a frequent point of discussion in debates on electoral reform.