Germany has got a confusing election system for the lower house of the parliament. Half of the seats are reserved to electoral lists, proportionally allotted on the basis of the percentage the parties won through a second ballot. Additional off-set seats are also drawn from those electoral lists.
Markus Söder has announced that his party will send women only to fill fifty percent of its list mandates. But is that even constitutional? If at least 50% of the parliament is filled on the basis of lists, the composition of those lists become a part of the parliament election process itself. Legally the selection of candidates of the list is termed a ‘character of the action’ of the federal election (Tatbestandsmerkmal).
If everyday citizens are free to pick and shed party memberships in order to take part in how at least half of the seats are filled, how can a party leadership predict that fifty percent of the positions on their electoral list are going to be women?
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