Vertical Accountability
#6Key Findings
Germany performs well in international comparison (rank 6) in the category of vertical accountability.
Independent and party-affiliated candidates can run for election to the Bundestag as long as they meet registration requirements. Donors of contributions above €10,000 must be identified. All German citizens aged 18 and over can vote. Voter registration is automatic when registering an address.
Germany’s election system is transparent, with little evidence of voter fraud. Political parties must adhere to democratic principles. Those that do not can be banned by the Federal Constitutional Court. Parties must cross a 5% vote threshold to enter parliament. A recent but unimplemented reform threatens the parliamentary standing of some high-profile parties.
The far-right AfD party has been accused of being extremist, and other parties have refused to form coalitions with it at the federal level. The party’s increasing strength is making that exclusion more difficult. The Freedom of Information Act offers broad public access to information with some areas of exception.
Independent and party-affiliated candidates can run for election to the Bundestag as long as they meet registration requirements. Donors of contributions above €10,000 must be identified. All German citizens aged 18 and over can vote. Voter registration is automatic when registering an address.
Germany’s election system is transparent, with little evidence of voter fraud. Political parties must adhere to democratic principles. Those that do not can be banned by the Federal Constitutional Court. Parties must cross a 5% vote threshold to enter parliament. A recent but unimplemented reform threatens the parliamentary standing of some high-profile parties.
The far-right AfD party has been accused of being extremist, and other parties have refused to form coalitions with it at the federal level. The party’s increasing strength is making that exclusion more difficult. The Freedom of Information Act offers broad public access to information with some areas of exception.
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To what extent is political competition among candidates and political parties free and fair?
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There are no barriers, by law or in practice, to effective political competition.
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Existing barriers, by law and in practice, pose no significant obstacles to effective political competition.
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Existing barriers, by law and in practice, pose some significant obstacles to effective political competition.
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1
Existing barriers, by law and in practice, pose various significant obstacles to effective political competition.
Both independent candidates and candidates from registered parties may run for election to the Bundestag. To qualify for the ballot, political parties and candidates must meet specific registration requirements outlined in the Political Parties Act (Parteigesetz). These requirements differ based on whether the qualification concerns a party or an independent candidate.
At the subnational level, the State Election Act of a state (Landeswahlgesetz) specifies the criteria for candidates and parties. Non-established parties – those that have not held at least five seats in the Bundestag or a state parliament (Landtag) continuously since the last election – must be assessed for eligibility by the Federal Election Committee (Bundeswahlausschuss) or, in the case of state elections, by the respective state’s Election Committee. These parties must submit various documents, such as a declaration of intent, their manifesto, and a demonstration of their status as a party (Parteieigenschaft, §2 Abs. 2 PartG).
Additionally, non-established parties and non-partisan candidates must provide a minimum number of signatures from eligible voters in the electoral district where they intend to run for election. Candidates are also required to submit personal information and details about their party affiliation (Bundeswahlleiterin, 2021). Rejected parties have the right to appeal the decision up to 75 days before the election (OSCE, 2022: 5).
The Basic Law (§ 21 Abs. 1 GG) mandates that parties disclose their assets and the origins of their financial resources. While parties must identify donors of contributions above €500, transparency is required only for donations exceeding €10,000 from a single donor within one year. In such cases, parties must disclose the donor’s name, address, and the total amount given. Furthermore, donations exceeding €50,000 must be reported to the president of the German parliament immediately, and these donations are also made available online (BMI, 2023).
Regarding media access for parties and candidates, the activities of broadcasting media are regulated by the laws of the Länder, with no general media-related regulations at the federal level. However, the Interstate Treaty on Broadcasting and Telemedia (Rundfunkstaatsvertrag) provides a general framework, ensuring the plurality of opinion and balanced coverage of all major political, ideological, and social forces.
All parties with a list in at least one federal state are to receive an “appropriate” amount of broadcasting time. The amount of airtime allocated to each party depends on its performance in the previous general election. While campaigning in public media is free of charge, private media charge for election airtime. The OSCE notes that this could make it difficult for smaller parties to afford airtime, especially for the 2023 Berlin elections, which included more than two elections in one cycle (OSCE, 2023: 9).
In addition to public and private media campaigns, an increasing number of parties and candidates are utilizing social media channels like Facebook and Instagram for electoral campaigns, with a substantial portion focusing on negative campaigning. During the federal elections in 2021, candidates often sought to discredit their opponents through disinformation and hate speech (Ruttloff et al., 2023). In Germany, as in other OECD countries, disinformation spread through social media has been shown to impact voter loyalty, leading to vote switching. For the 2017 federal election, the AfD in particular benefited from the fact that many CDU voters were receptive to disinformation distributed over social media (Zimmermann and Kohring, 2020).
Citations:
BPB. 2014. “https://www.bpb.de/system/files/dokument_pdf/Wahlvorschl%C3%A4ge.pdf”
Bundesministerium des Inneren und für Heimat (BMI). 2023. “Parteifinanzierung.” https://www.bmi.bund.de/DE/themen/verfassung/parteienrecht/parteienfinanzierung/parteienfinanzierung.html
Bundesministerium des Inneren und für Heimat. 2023. “Parteifinanzierung.” https://www.bmi.bund.de/DE/themen/verfassung/parteienrecht/parteienfinanzierung/parteienfinanzierung.html
Bundeswahlleiterin. 2021. “www.bundeswahlleiterin.de”
OSCE. 2022. Federal Republic of Germany. Elections to the Federal Parliament (Bundestag) 26 September 2021. ODIHR Election Expert Team Final Report, 16 March. Available at https://www.osce.org/files/f/documents/0/3/514048.pdf
OSCE. 2023. “Federal Republic of Germany: Re-Run of Elections to the Berlin House of Representatives and District Assemblies.”
12 February 2023. ODIHR NEEDS ASSESSMENT MISSION REPORT
9-12 January 2023. Available at https://www.osce.org/files/f/documents/2/a/536410.pdf
Ruttloff, D. et al. 2023. “Desinformation, Hassrede und Fake News – Wie viel Negativität verbreiteten die Parteien im Wahlkampf auf Social Media?” In Korte, KR., Schiffers, M., von Schuckmann, A., Plümer, S., eds., Die Bundestagswahl 2021. Wiesbaden: Springer VS. https://doi.org/10.1007/978-3-658-35758-0_22-1
Zimmermann, F., and M. Kohring. 2020. “Mistrust, Disinforming News, and Vote Choice: A Panel Survey on the Origins and Consequences of Believing Disinformation in the 2017 German Parliamentary Election.” Political Communication 37 (2): 215–237. https://doi.org/10.1080/10584609.2019.1686095
At the subnational level, the State Election Act of a state (Landeswahlgesetz) specifies the criteria for candidates and parties. Non-established parties – those that have not held at least five seats in the Bundestag or a state parliament (Landtag) continuously since the last election – must be assessed for eligibility by the Federal Election Committee (Bundeswahlausschuss) or, in the case of state elections, by the respective state’s Election Committee. These parties must submit various documents, such as a declaration of intent, their manifesto, and a demonstration of their status as a party (Parteieigenschaft, §2 Abs. 2 PartG).
Additionally, non-established parties and non-partisan candidates must provide a minimum number of signatures from eligible voters in the electoral district where they intend to run for election. Candidates are also required to submit personal information and details about their party affiliation (Bundeswahlleiterin, 2021). Rejected parties have the right to appeal the decision up to 75 days before the election (OSCE, 2022: 5).
The Basic Law (§ 21 Abs. 1 GG) mandates that parties disclose their assets and the origins of their financial resources. While parties must identify donors of contributions above €500, transparency is required only for donations exceeding €10,000 from a single donor within one year. In such cases, parties must disclose the donor’s name, address, and the total amount given. Furthermore, donations exceeding €50,000 must be reported to the president of the German parliament immediately, and these donations are also made available online (BMI, 2023).
Regarding media access for parties and candidates, the activities of broadcasting media are regulated by the laws of the Länder, with no general media-related regulations at the federal level. However, the Interstate Treaty on Broadcasting and Telemedia (Rundfunkstaatsvertrag) provides a general framework, ensuring the plurality of opinion and balanced coverage of all major political, ideological, and social forces.
All parties with a list in at least one federal state are to receive an “appropriate” amount of broadcasting time. The amount of airtime allocated to each party depends on its performance in the previous general election. While campaigning in public media is free of charge, private media charge for election airtime. The OSCE notes that this could make it difficult for smaller parties to afford airtime, especially for the 2023 Berlin elections, which included more than two elections in one cycle (OSCE, 2023: 9).
In addition to public and private media campaigns, an increasing number of parties and candidates are utilizing social media channels like Facebook and Instagram for electoral campaigns, with a substantial portion focusing on negative campaigning. During the federal elections in 2021, candidates often sought to discredit their opponents through disinformation and hate speech (Ruttloff et al., 2023). In Germany, as in other OECD countries, disinformation spread through social media has been shown to impact voter loyalty, leading to vote switching. For the 2017 federal election, the AfD in particular benefited from the fact that many CDU voters were receptive to disinformation distributed over social media (Zimmermann and Kohring, 2020).
Citations:
BPB. 2014. “https://www.bpb.de/system/files/dokument_pdf/Wahlvorschl%C3%A4ge.pdf”
Bundesministerium des Inneren und für Heimat (BMI). 2023. “Parteifinanzierung.” https://www.bmi.bund.de/DE/themen/verfassung/parteienrecht/parteienfinanzierung/parteienfinanzierung.html
Bundesministerium des Inneren und für Heimat. 2023. “Parteifinanzierung.” https://www.bmi.bund.de/DE/themen/verfassung/parteienrecht/parteienfinanzierung/parteienfinanzierung.html
Bundeswahlleiterin. 2021. “www.bundeswahlleiterin.de”
OSCE. 2022. Federal Republic of Germany. Elections to the Federal Parliament (Bundestag) 26 September 2021. ODIHR Election Expert Team Final Report, 16 March. Available at https://www.osce.org/files/f/documents/0/3/514048.pdf
OSCE. 2023. “Federal Republic of Germany: Re-Run of Elections to the Berlin House of Representatives and District Assemblies.”
12 February 2023. ODIHR NEEDS ASSESSMENT MISSION REPORT
9-12 January 2023. Available at https://www.osce.org/files/f/documents/2/a/536410.pdf
Ruttloff, D. et al. 2023. “Desinformation, Hassrede und Fake News – Wie viel Negativität verbreiteten die Parteien im Wahlkampf auf Social Media?” In Korte, KR., Schiffers, M., von Schuckmann, A., Plümer, S., eds., Die Bundestagswahl 2021. Wiesbaden: Springer VS. https://doi.org/10.1007/978-3-658-35758-0_22-1
Zimmermann, F., and M. Kohring. 2020. “Mistrust, Disinforming News, and Vote Choice: A Panel Survey on the Origins and Consequences of Believing Disinformation in the 2017 German Parliamentary Election.” Political Communication 37 (2): 215–237. https://doi.org/10.1080/10584609.2019.1686095
To what extent can all citizens, both in legal terms (de jure) and in practice (de facto), exercise their right to vote?
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There are no significant barriers, by law or in practice, that hinder citizens or specific groups in society from exercising their right to vote.
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Existing barriers, by law and in practice, pose no significant obstacles to voting.
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Existing barriers, by law and in practice, pose some significant obstacles to voting.
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1
Existing barriers, by law and in practice, pose various significant obstacles that substantially hinder voting.
According to the Federal Election Act (Bundeswahlgesetz), all German citizens who are at least 18 years old are eligible to vote. German citizenship is defined in Article 116 of the Basic Law. At the state level, analogous State Election Acts are in place. In recent years, several states and their municipalities have reduced the voting age to 16 years. Only at the municipal level and in elections to the European Parliament do non-Germans with EU citizenship have a right to vote.
German citizens residing abroad are eligible to vote if they have lived in the Federal Republic of Germany for at least three uninterrupted months. This stay must occur after the age of 14 and cannot be more than 25 years ago. If no such residency took place, citizens permanently residing outside of Germany can provide proof that they are personally affected by the political situation in Germany.
German citizens can only be disqualified from voting based on a judicial decision that declares them ineligible to vote (Bundeswahlleiterin, 2021a). This includes convicted criminals with a prison sentence of one year or more (§45 Abs.1 StGB). The exclusion of people incapable of contracting guilt and residing in psychiatric clinics and of disabled citizens needing caregivers for all matters was ruled unconstitutional by the Federal Constitutional Court (Bundesverfassungsgericht, 2019).
Regarding voter registration, it is generally not necessary for individuals to register to vote. Instead, all eligible voters are included in their municipality’s electoral roll if they reported their residence within Germany to the registration office at least 42 days before the election. In that case, all entitled voters receive an election notification up to 21 days before the election. If someone erroneously does not receive the notification, they can appeal against the electoral roll within the time frame of 20 to 16 days before the election (BMI, 2023).
The specific procedure for elections is described in the Federal Election Act and by Federal Election Regulations, with similar acts at the state level. This procedure includes the preparation of elections, the elections themselves, and the determination of the results. For supervision, the Federal Election Act prescribes electoral bodies whose members are bound to discretion and to perform their duties impartially. Additionally, the execution of the election in the polling stations is organized by election workers (Wahlhelfer*innen), who are responsible for tasks such as verifying a voter’s eligibility based on the electoral roll, counting the votes, and determining the result for the respective district. The role of election workers is honorary; if appointed, the position is obligatory for each eligible voter.
Elections in Germany are always held on a Sunday, with polling stations open from 8 a.m. to 6 p.m. This schedule ensures that a majority of voters are able to vote in person. German elections follow five electoral principles based on Article 38 of the Basic Law: they are universal, direct, free, equal, and secret.
In addition to voting on Election Day, early voting is available to all eligible voters, either in person or by mail. Voters receive a form to request a ballot paper along with their election notification. This ballot paper can then be used to vote before the election date, either by mail or in person at the responsible municipal authority office. Voters can request ballot papers until the Friday before the election. For the vote to be counted, the ballot must be submitted to the relevant office no later than 6 p.m. on the Sunday of the election.
The Federal Ministry of Interior and Community estimates there are around 90,000 polling stations, given that an electoral district comprises municipalities or districts with up to 2,500 inhabitants. Polling stations should be barrier-free for voters with disabilities, considering the general accessibility of the location itself and the setup of the polling station. The election notification informs voters whether the polling station is barrier-free in practice. If needed, election workers provide voter assistance to people with disabilities.
The free and fair elections index assigned Germany a value of 0.95, suggesting that government intimidation and election fraud are not particularly present in Germany. Similarly, the clean elections index for 2022 categorizes Germany as having almost no voting irregularities, assuming that any observed irregularities are likely unintentional and not biased toward specific groups’ participation (V-Dem, 2022).
Citations:
Bundeswahlleiterin. 2021. “Federal Elections Act.” https://bundeswahlleiterin.de/en/dam/jcr/4ff317c1-041f-4ba7-bbbf-1e5dc45097b3/bundeswahlgesetz_engl.pdf
Bundesverfassungsgericht. 2019. “Wahlrechtsausschlüsse für Betreute in allen Angelegenheiten und wegen Schuldunfähigkeit untergebrachte Straftäter verfassungswidrig.” Pressemitteilung Nr. 13/2019 vom 21. Februar 2019.
BMI, Bundesministerium des Inneren und für Heimat. 2023. “Ablauf der Bundestagswahl.” https://www.bmi.bund.de/DE/themen/verfassung/wahlrecht/bundestagswahl-ablauf/bundestagswahl-ablauf-node.html
Bundeswahlleiterin. 2021. “Information für Wahlhelfende.” https://bundeswahlleiterin.de/bundestagswahlen/2021/informationen-wahlhelfer.html#364debfa-09ab-40a9-913f-dc3b483cf432
Our World in Data. 2022. https://ourworldindata.org/grapher/free-and-fair-elections-index?tab=chart&country=~DEU
Varieties of Democracy. 2022. “https://www.v-dem.net/data_analysis/CountryGraph/”
German citizens residing abroad are eligible to vote if they have lived in the Federal Republic of Germany for at least three uninterrupted months. This stay must occur after the age of 14 and cannot be more than 25 years ago. If no such residency took place, citizens permanently residing outside of Germany can provide proof that they are personally affected by the political situation in Germany.
German citizens can only be disqualified from voting based on a judicial decision that declares them ineligible to vote (Bundeswahlleiterin, 2021a). This includes convicted criminals with a prison sentence of one year or more (§45 Abs.1 StGB). The exclusion of people incapable of contracting guilt and residing in psychiatric clinics and of disabled citizens needing caregivers for all matters was ruled unconstitutional by the Federal Constitutional Court (Bundesverfassungsgericht, 2019).
Regarding voter registration, it is generally not necessary for individuals to register to vote. Instead, all eligible voters are included in their municipality’s electoral roll if they reported their residence within Germany to the registration office at least 42 days before the election. In that case, all entitled voters receive an election notification up to 21 days before the election. If someone erroneously does not receive the notification, they can appeal against the electoral roll within the time frame of 20 to 16 days before the election (BMI, 2023).
The specific procedure for elections is described in the Federal Election Act and by Federal Election Regulations, with similar acts at the state level. This procedure includes the preparation of elections, the elections themselves, and the determination of the results. For supervision, the Federal Election Act prescribes electoral bodies whose members are bound to discretion and to perform their duties impartially. Additionally, the execution of the election in the polling stations is organized by election workers (Wahlhelfer*innen), who are responsible for tasks such as verifying a voter’s eligibility based on the electoral roll, counting the votes, and determining the result for the respective district. The role of election workers is honorary; if appointed, the position is obligatory for each eligible voter.
Elections in Germany are always held on a Sunday, with polling stations open from 8 a.m. to 6 p.m. This schedule ensures that a majority of voters are able to vote in person. German elections follow five electoral principles based on Article 38 of the Basic Law: they are universal, direct, free, equal, and secret.
In addition to voting on Election Day, early voting is available to all eligible voters, either in person or by mail. Voters receive a form to request a ballot paper along with their election notification. This ballot paper can then be used to vote before the election date, either by mail or in person at the responsible municipal authority office. Voters can request ballot papers until the Friday before the election. For the vote to be counted, the ballot must be submitted to the relevant office no later than 6 p.m. on the Sunday of the election.
The Federal Ministry of Interior and Community estimates there are around 90,000 polling stations, given that an electoral district comprises municipalities or districts with up to 2,500 inhabitants. Polling stations should be barrier-free for voters with disabilities, considering the general accessibility of the location itself and the setup of the polling station. The election notification informs voters whether the polling station is barrier-free in practice. If needed, election workers provide voter assistance to people with disabilities.
The free and fair elections index assigned Germany a value of 0.95, suggesting that government intimidation and election fraud are not particularly present in Germany. Similarly, the clean elections index for 2022 categorizes Germany as having almost no voting irregularities, assuming that any observed irregularities are likely unintentional and not biased toward specific groups’ participation (V-Dem, 2022).
Citations:
Bundeswahlleiterin. 2021. “Federal Elections Act.” https://bundeswahlleiterin.de/en/dam/jcr/4ff317c1-041f-4ba7-bbbf-1e5dc45097b3/bundeswahlgesetz_engl.pdf
Bundesverfassungsgericht. 2019. “Wahlrechtsausschlüsse für Betreute in allen Angelegenheiten und wegen Schuldunfähigkeit untergebrachte Straftäter verfassungswidrig.” Pressemitteilung Nr. 13/2019 vom 21. Februar 2019.
BMI, Bundesministerium des Inneren und für Heimat. 2023. “Ablauf der Bundestagswahl.” https://www.bmi.bund.de/DE/themen/verfassung/wahlrecht/bundestagswahl-ablauf/bundestagswahl-ablauf-node.html
Bundeswahlleiterin. 2021. “Information für Wahlhelfende.” https://bundeswahlleiterin.de/bundestagswahlen/2021/informationen-wahlhelfer.html#364debfa-09ab-40a9-913f-dc3b483cf432
Our World in Data. 2022. https://ourworldindata.org/grapher/free-and-fair-elections-index?tab=chart&country=~DEU
Varieties of Democracy. 2022. “https://www.v-dem.net/data_analysis/CountryGraph/”
Graph View
To what extent do parties articulate and aggregate all societal interests?
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There are no barriers, by law or in practice, to achieving effective societal integration.
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Existing obstacles in the party system, by law and in practice, pose no significant barriers to achieving effective societal integration.
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Existing obstacles in the party system, by law and in practice, pose some significant barriers to achieving effective societal integration.
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Existing obstacles in the party system, by law and in practice, pose various significant barriers to achieving effective societal integration.
Legal aspects of the German political system only moderately hinder the representation of legal aspects of the German political system only moderately hinder the representation of relevant societal interests. For example, political parties can be prevented from representing undemocratic interests. According to Article 21 of the Basic Law, parties must adhere to democratic principles and are deemed unconstitutional if they impair these principles. If the Federal Constitutional Court determines a party is unconstitutional, it can be dissolved and prohibited from being re-established.
However, prohibiting a party is not easily achieved. The rejection of democratic principles in a party’s manifesto is insufficient for a ban; the party must threaten democracy through its concrete actions. This requirement poses a significant obstacle because it is difficult to differentiate between the actions of individual party members and the actions of the party as an entity. Additionally, any ruling must consider the jurisdiction of the European Court of Human Rights, which allows prohibition only if a party has realistic chances of being elected and implementing goals that threaten democracy.
Due to these strong barriers, only two parties have ever been banned in Germany: the SRP and the KPD. The NPD, which was determined to be unconstitutional, was not banned because the Federal Constitutional Court ruled it did not have the potential to enforce its anti-democratic goals (Bundesverfassungsgericht, 2017).
The German electoral system includes a five percent threshold for political parties to gain seats in parliament and thus represent specific societal interests. This threshold was implemented in 1949 to ensure the operability of the parliament and to form a stable government. In the 2021 federal elections, 8.7% of the votes were for parties that did not surpass the 5% threshold and, hence, did not receive seats in the German parliament (Statista, 2023). A similar trend can be found in various state elections in 2023. In Bavaria, 9.7% of the votes – including those for the FDP and The Left – did not exceed 5% (Süddeutsche Zeitung, 2023). In Hesse, 12.1% of the votes, including those for The Left, did not meet the threshold (Hessisches Statistisches Landesamt, 2023). In Berlin, the percentage was 13.7%, with the FDP included in this figure (Tagesschau, 2023a). Therefore, an increasing share of votes is not represented in the parliament.
In June 2023, German Federal President Steinmeier signed a new law for electoral reform (Wahlrechtsreform) to decrease the size of the Bundestag to 630 members. The Bundestag currently consists of 736 representatives (Tagesschau, 2023b). The reform abolishes the so-called “Grundmandatsklausel.” Previously, a party could be represented in the Bundestag if it won at least three constituencies (Direktmandat), even if the party itself did not exceed the five percent threshold. Under the new law, candidates with a Direktmandat will receive a seat in parliament only if their party exceeds the five percent threshold.
This change will likely lead to the elimination of The Left party from the Bundestag because it’s current presence in the chamber is a function of the three-constituency rule. Moreover, the parliamentary representation of the CSU is in jeopardy. This party runs only in one of the 16 states, Bavaria, where it wins almost all constituencies; nonetheless, its overall nationwide vote share was just 5.2% in 2021. A loss of 0.3 percentage points would eliminate this party from the Bundestag as well. Thus, the change in the electoral law clearly has the potential to hinder the representation of relevant societal interests.
In October 2023, the citizens’ association Mehr Demokratie filed a complaint against the reform with the Constitutional Court, worrying that millions of votes would be invalidated (Tagesschau, 2023c).
During the last federal election in 2021, almost all political parties published manifestos that are publicly accessible on their websites and are relatively distinct from one another (V-Dem, 2023). A majority of parties also published additional manifestos formulated in simple language. Moreover, since 2002, the Federal Agency for Civic Education has provided the “Wahl-O-Mat,” which allows voters to determine how closely their preferences on relevant topics align with the manifestos of various parties running for election (BpB, 2021).
Additionally, a majority of Germany’s major political parties have permanent local branches to support local interests (V-Dem, 2023). This practice stems from German federalism, where the responsibility for some tasks lies with the states rather than the federal government (§73ff. Basic Law). Some state-level responsibilities are delegated to municipalities, making local party branches relevant as well.
The Varieties of Democracy data shows a value of 3.76 for the party linkages indicator, suggesting that constituents mainly respond to a party’s program and its ideas for society. The value also indicates that, to a lesser extent, voters are rewarded with local collective goods. Clientelism, however, does not appear to be very present in political parties (V-Dem, 2023).
Regarding the different societal interests represented through the major political parties, left, center, and right positions are present in the parliament. According to the Manifesto Project (2023), which uses a right-left position scale derived from party manifestos, The Left, the SPD, the South Schleswig Voter’s Union, and the Greens are classified as left-wing parties. The FDP and CDU are positioned in the middle of the scale, making them center parties. The AfD is classified as a right-wing party.
Citations:
Bundesverfassungsgericht. 2017. “Kein Verbot der NPD wegen fehlender Anhaltspunkte für eine erfolgreiche Durchsetzung ihrer verfassungsfeindlichen Ziele.” Pressemitteilung Nr. 4/2017 vom 17. Januar 2017. https://www.bundesverfassungsgericht.de/SharedDocs/Pressemitteilungen/DE/2017/bvg17-004.html
Bundeszentrale für politische Bildung. 2021. “Wie funktioniert der Wahl-O-Mat?” https://www.bpb.de/themen/wahl-o-mat/294576/wie-funktioniert-der-wahl-o-mat/
Deutscher Bundestag. 2013. “Aktueller Begriff Sperrklausel im Wahlrecht, Nr. 48/13.” December 19.
Hessisches Statistisches Landesamt. 2023. “Landtagswahlen in Hessen: Vorläufige Ergebnisse.” https://statistik.hessen.de/presse/landtagswahl-2023-in-hessen-vorlaeufige-ergebnisse
Manifesto Project. 2023. “Manifesto Project Data Dashboard.” https://visuals.manifesto-project.wzb.eu/mpdb-shiny/cmp_dashboard_dataset/
Niedermayer, O. 2022. “Voraussetzungen, Rechte und Pflichten von Parteien in Deutschland.” https://www.bpb.de/themen/parteien/parteien-in-deutschland/197278/voraussetzungen-rechte-und-pflichten-von-parteien-in-deutschland/#node-content-title-1
Tagesschau. 2023a. “Abgeordnetenhauswahl 2023.” https://www.tagesschau.de/wahl/archiv/2023-02-12-LT-DE-BE/index.shtml
Tagesschau. 2023b. “Steinmeier unterschreibt Gesetz zur Wahlrechtsreform.” https://www.tagesschau.de/eilmeldung/steinmeier-wahlrecht-100.html
Tagesschau. 2023. “Bürgerverein klagt gegen Wahlrechtsreform der Ampel.” https://www.tagesschau.de/inland/innenpolitik/wahlrechtsreform-sperrklausel-klage-100.html
Statista. 2023. “Ergebnisse der Bundestagswahl am 26. September 2021.” https://de.statista.com/themen/3999/bundestagswahlen-in-deutschland/#topicOverview
Süddeutsche Zeitung. 2023. “Stimmkreise und Direktmandate: Alle Ergebnisse im Überblick.” https://www.sueddeutsche.de/bayern/landtagswahl-bayern-2023-ergebnisse-csu-afd-die-gruenen-stimmkreise-freie-waehler-1.6278958
Varieties of Democracy. 2023. https://www.v-dem.net/data_analysis/CountryGraph/
However, prohibiting a party is not easily achieved. The rejection of democratic principles in a party’s manifesto is insufficient for a ban; the party must threaten democracy through its concrete actions. This requirement poses a significant obstacle because it is difficult to differentiate between the actions of individual party members and the actions of the party as an entity. Additionally, any ruling must consider the jurisdiction of the European Court of Human Rights, which allows prohibition only if a party has realistic chances of being elected and implementing goals that threaten democracy.
Due to these strong barriers, only two parties have ever been banned in Germany: the SRP and the KPD. The NPD, which was determined to be unconstitutional, was not banned because the Federal Constitutional Court ruled it did not have the potential to enforce its anti-democratic goals (Bundesverfassungsgericht, 2017).
The German electoral system includes a five percent threshold for political parties to gain seats in parliament and thus represent specific societal interests. This threshold was implemented in 1949 to ensure the operability of the parliament and to form a stable government. In the 2021 federal elections, 8.7% of the votes were for parties that did not surpass the 5% threshold and, hence, did not receive seats in the German parliament (Statista, 2023). A similar trend can be found in various state elections in 2023. In Bavaria, 9.7% of the votes – including those for the FDP and The Left – did not exceed 5% (Süddeutsche Zeitung, 2023). In Hesse, 12.1% of the votes, including those for The Left, did not meet the threshold (Hessisches Statistisches Landesamt, 2023). In Berlin, the percentage was 13.7%, with the FDP included in this figure (Tagesschau, 2023a). Therefore, an increasing share of votes is not represented in the parliament.
In June 2023, German Federal President Steinmeier signed a new law for electoral reform (Wahlrechtsreform) to decrease the size of the Bundestag to 630 members. The Bundestag currently consists of 736 representatives (Tagesschau, 2023b). The reform abolishes the so-called “Grundmandatsklausel.” Previously, a party could be represented in the Bundestag if it won at least three constituencies (Direktmandat), even if the party itself did not exceed the five percent threshold. Under the new law, candidates with a Direktmandat will receive a seat in parliament only if their party exceeds the five percent threshold.
This change will likely lead to the elimination of The Left party from the Bundestag because it’s current presence in the chamber is a function of the three-constituency rule. Moreover, the parliamentary representation of the CSU is in jeopardy. This party runs only in one of the 16 states, Bavaria, where it wins almost all constituencies; nonetheless, its overall nationwide vote share was just 5.2% in 2021. A loss of 0.3 percentage points would eliminate this party from the Bundestag as well. Thus, the change in the electoral law clearly has the potential to hinder the representation of relevant societal interests.
In October 2023, the citizens’ association Mehr Demokratie filed a complaint against the reform with the Constitutional Court, worrying that millions of votes would be invalidated (Tagesschau, 2023c).
During the last federal election in 2021, almost all political parties published manifestos that are publicly accessible on their websites and are relatively distinct from one another (V-Dem, 2023). A majority of parties also published additional manifestos formulated in simple language. Moreover, since 2002, the Federal Agency for Civic Education has provided the “Wahl-O-Mat,” which allows voters to determine how closely their preferences on relevant topics align with the manifestos of various parties running for election (BpB, 2021).
Additionally, a majority of Germany’s major political parties have permanent local branches to support local interests (V-Dem, 2023). This practice stems from German federalism, where the responsibility for some tasks lies with the states rather than the federal government (§73ff. Basic Law). Some state-level responsibilities are delegated to municipalities, making local party branches relevant as well.
The Varieties of Democracy data shows a value of 3.76 for the party linkages indicator, suggesting that constituents mainly respond to a party’s program and its ideas for society. The value also indicates that, to a lesser extent, voters are rewarded with local collective goods. Clientelism, however, does not appear to be very present in political parties (V-Dem, 2023).
Regarding the different societal interests represented through the major political parties, left, center, and right positions are present in the parliament. According to the Manifesto Project (2023), which uses a right-left position scale derived from party manifestos, The Left, the SPD, the South Schleswig Voter’s Union, and the Greens are classified as left-wing parties. The FDP and CDU are positioned in the middle of the scale, making them center parties. The AfD is classified as a right-wing party.
Citations:
Bundesverfassungsgericht. 2017. “Kein Verbot der NPD wegen fehlender Anhaltspunkte für eine erfolgreiche Durchsetzung ihrer verfassungsfeindlichen Ziele.” Pressemitteilung Nr. 4/2017 vom 17. Januar 2017. https://www.bundesverfassungsgericht.de/SharedDocs/Pressemitteilungen/DE/2017/bvg17-004.html
Bundeszentrale für politische Bildung. 2021. “Wie funktioniert der Wahl-O-Mat?” https://www.bpb.de/themen/wahl-o-mat/294576/wie-funktioniert-der-wahl-o-mat/
Deutscher Bundestag. 2013. “Aktueller Begriff Sperrklausel im Wahlrecht, Nr. 48/13.” December 19.
Hessisches Statistisches Landesamt. 2023. “Landtagswahlen in Hessen: Vorläufige Ergebnisse.” https://statistik.hessen.de/presse/landtagswahl-2023-in-hessen-vorlaeufige-ergebnisse
Manifesto Project. 2023. “Manifesto Project Data Dashboard.” https://visuals.manifesto-project.wzb.eu/mpdb-shiny/cmp_dashboard_dataset/
Niedermayer, O. 2022. “Voraussetzungen, Rechte und Pflichten von Parteien in Deutschland.” https://www.bpb.de/themen/parteien/parteien-in-deutschland/197278/voraussetzungen-rechte-und-pflichten-von-parteien-in-deutschland/#node-content-title-1
Tagesschau. 2023a. “Abgeordnetenhauswahl 2023.” https://www.tagesschau.de/wahl/archiv/2023-02-12-LT-DE-BE/index.shtml
Tagesschau. 2023b. “Steinmeier unterschreibt Gesetz zur Wahlrechtsreform.” https://www.tagesschau.de/eilmeldung/steinmeier-wahlrecht-100.html
Tagesschau. 2023. “Bürgerverein klagt gegen Wahlrechtsreform der Ampel.” https://www.tagesschau.de/inland/innenpolitik/wahlrechtsreform-sperrklausel-klage-100.html
Statista. 2023. “Ergebnisse der Bundestagswahl am 26. September 2021.” https://de.statista.com/themen/3999/bundestagswahlen-in-deutschland/#topicOverview
Süddeutsche Zeitung. 2023. “Stimmkreise und Direktmandate: Alle Ergebnisse im Überblick.” https://www.sueddeutsche.de/bayern/landtagswahl-bayern-2023-ergebnisse-csu-afd-die-gruenen-stimmkreise-freie-waehler-1.6278958
Varieties of Democracy. 2023. https://www.v-dem.net/data_analysis/CountryGraph/
To what extent do political parties retain their ability to enable cross-party cooperation in policymaking and implementation?
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9
9
There are no barriers, by law or in practice, to achieving effective cross-party cooperation.
8
7
6
7
6
Existing obstacles in the party system, by law and in practice, pose no significant barriers to achieving effective cross-party cooperation.
5
4
3
4
3
Existing obstacles in the party system, by law and in practice, pose some significant barriers to achieving effective cross-party cooperation.
2
1
1
Existing obstacles in the party system, by law and in practice, pose various significant barriers to achieving effective cross-party cooperation.
The Liberal Democracy Index, based on the Varieties of Democracy Project, allocated Germany a score of 0.81 for 2022 on a scale from 0 to 1 (Our World in Data, 2023). Further, according to the Manifesto Project, which analyzes the manifestos of the major political parties in a country, all major parties in Germany make favorable statements about the necessity of democracy. The Greens (5.241) and the Left (5.084) receive the highest scores, suggesting the highest number of positive mentions of democracy in their manifestos. In contrast, the AfD (2.033) receives the lowest score, followed by the CDU with a score of 2.559. Additionally, while the AfD has a relatively low score of 0.064, it is the only major party for which statements against the idea of democracy can be observed, either in general or within its manifesto (Manifesto Project, 2023). Hence, liberal democratic values are widely accepted and supported within the major political parties apart from parts of the AfD. In Saxony, Thuringia, and Saxony-Anhalt, for instance, the AfD was classified as a secured right-wing extremist party by the states’ domestic intelligence services based on the justification that the AfD pursues anti-constitutional goals in these states (Tagesschau, 2023).
The cooperation of two or three parties to form a majority and thereby govern is standard in Germany at all federal levels. This cooperation in developing and executing policies is a crucial aspect of German politics. Various coalition combinations exist, and there are no barriers to coalitions between democratic parties with one exception: The CDU currently excludes coalitions with the Left. However, this position is under discussion due to the need to form stable democratic governments amid the rising share of AfD votes, particularly in East Germany (Zeit Online, 2023b).
The major political parties regularly criticize and distance themselves from the AfD, and there are demands, for instance from the Greens in Berlin, to examine the possibility of prohibiting the AfD (Süddeutsche Zeitung, 2024). Additionally, the domestic intelligence service classified the AfD as a suspected right-wing extremist case in 2022, which allows it to observe the party as a whole (Tagesschau, 2022).
However, according to the “Politbarometer” by the news outlet ZDF, the AfD would receive 22% of the votes in a federal election as of January 12, 2024 (Politbarometer 2024). Therefore, it is not clear how effective efforts to neutralize the AfD are. While other parties distance themselves from cooperation at the state or federal level, the newspaper “Die Zeit” showed in July 2023 that cooperation on a communal level has already taken place in several instances. This includes collaborations in Saxony, Saxony-Anhalt, and Thuringia where the AfD is classified as a secured right-wing extremist organization (Zeit Online, 2023a).
Existing obstacles in the party system, both by law and in practice, pose no significant barriers to achieving effective cross-party cooperation among democratic parties. However, the strength of the AfD necessitates coalitions across the left and right camps, which find it very difficult to agree on and jointly defend reforms. This situation is likely to increase support for the AfD.
Citations:
Manifesto Project. 2023. “Manifesto Project Data Dashboard.” https://visuals.manifesto-project.wzb.eu/mpdb-shiny/cmp_dashboard_dataset/
Our World in Data. 2023. “Liberal Democracy Index, Germany, 1789 to 2022.” https://ourworldindata.org/grapher/liberal-democracy-index?tab=chart&yScale=log&country=~DEU
Politbarometer. 2024. “Politbarometer vom 12. Januar 2024.” https://www.zdf.de/politik/politbarometer/240112-politbarometer-video-100.html
Süddeutsche Zeitung. 2024. “Berliner Grüne fordern Prüfung eines AfD-Verbots.” https://www.sueddeutsche.de/politik/parteien-berlin-berliner-gruene-fordern-pruefung-eines-afd-verbots-dpa.urn-newsml-dpa-com-20090101-240112-99-585917
Tagesschau. 2023. “AfD in Sachsen ‘gesichert rechtsextremistisch.’” https://www.tagesschau.de/inland/innenpolitik/verfassungsschutz-afd-sachsen-rechtsextremistisch-100.html
Tagesschau. 2022. “Ein Urteil und seine möglichen Folgen.” https://www.tagesschau.de/inland/innenpolitik/afd-beobachtung-verfassungsschutz-101.html
Zeit Online. 2023. “Wo es bereits eine Zusammenarbeit mit der AfD gab.” https://www.zeit.de/politik/deutschland/2023-07/afd-zusammenarbeit-kommunaler-ebene-uebersicht#sachsen-anhalt
Zeit Online. 2023. “CDU-Vorstand Mike Mohring ist offen für Gespräche mit der Linken.” https://www.zeit.de/politik/deutschland/2023-07/thueringen-afd-cdu-mike-mohring-linke-koalition-landtag
The cooperation of two or three parties to form a majority and thereby govern is standard in Germany at all federal levels. This cooperation in developing and executing policies is a crucial aspect of German politics. Various coalition combinations exist, and there are no barriers to coalitions between democratic parties with one exception: The CDU currently excludes coalitions with the Left. However, this position is under discussion due to the need to form stable democratic governments amid the rising share of AfD votes, particularly in East Germany (Zeit Online, 2023b).
The major political parties regularly criticize and distance themselves from the AfD, and there are demands, for instance from the Greens in Berlin, to examine the possibility of prohibiting the AfD (Süddeutsche Zeitung, 2024). Additionally, the domestic intelligence service classified the AfD as a suspected right-wing extremist case in 2022, which allows it to observe the party as a whole (Tagesschau, 2022).
However, according to the “Politbarometer” by the news outlet ZDF, the AfD would receive 22% of the votes in a federal election as of January 12, 2024 (Politbarometer 2024). Therefore, it is not clear how effective efforts to neutralize the AfD are. While other parties distance themselves from cooperation at the state or federal level, the newspaper “Die Zeit” showed in July 2023 that cooperation on a communal level has already taken place in several instances. This includes collaborations in Saxony, Saxony-Anhalt, and Thuringia where the AfD is classified as a secured right-wing extremist organization (Zeit Online, 2023a).
Existing obstacles in the party system, both by law and in practice, pose no significant barriers to achieving effective cross-party cooperation among democratic parties. However, the strength of the AfD necessitates coalitions across the left and right camps, which find it very difficult to agree on and jointly defend reforms. This situation is likely to increase support for the AfD.
Citations:
Manifesto Project. 2023. “Manifesto Project Data Dashboard.” https://visuals.manifesto-project.wzb.eu/mpdb-shiny/cmp_dashboard_dataset/
Our World in Data. 2023. “Liberal Democracy Index, Germany, 1789 to 2022.” https://ourworldindata.org/grapher/liberal-democracy-index?tab=chart&yScale=log&country=~DEU
Politbarometer. 2024. “Politbarometer vom 12. Januar 2024.” https://www.zdf.de/politik/politbarometer/240112-politbarometer-video-100.html
Süddeutsche Zeitung. 2024. “Berliner Grüne fordern Prüfung eines AfD-Verbots.” https://www.sueddeutsche.de/politik/parteien-berlin-berliner-gruene-fordern-pruefung-eines-afd-verbots-dpa.urn-newsml-dpa-com-20090101-240112-99-585917
Tagesschau. 2023. “AfD in Sachsen ‘gesichert rechtsextremistisch.’” https://www.tagesschau.de/inland/innenpolitik/verfassungsschutz-afd-sachsen-rechtsextremistisch-100.html
Tagesschau. 2022. “Ein Urteil und seine möglichen Folgen.” https://www.tagesschau.de/inland/innenpolitik/afd-beobachtung-verfassungsschutz-101.html
Zeit Online. 2023. “Wo es bereits eine Zusammenarbeit mit der AfD gab.” https://www.zeit.de/politik/deutschland/2023-07/afd-zusammenarbeit-kommunaler-ebene-uebersicht#sachsen-anhalt
Zeit Online. 2023. “CDU-Vorstand Mike Mohring ist offen für Gespräche mit der Linken.” https://www.zeit.de/politik/deutschland/2023-07/thueringen-afd-cdu-mike-mohring-linke-koalition-landtag
Graph View
To what extent can citizens and residents access official information?
10
9
9
There are no barriers, by law or in practice, for citizens seeking to access official information.
8
7
6
7
6
Existing barriers, by law and in practice, pose no significant obstacles for citizens seeking to access official information.
5
4
3
4
3
Existing barriers, by law and in practice, pose some significant obstacles for citizens seeking to access official information.
2
1
1
Existing barriers, by law and in practice, pose many/various significant obstacles for citizens seeking to access official information.
As of September 2006, Germany has a Freedom of Information Act (Informationsfreiheitsgesetz, IFG) that grants everyone the right to obtain information from federal authorities or other public bodies of the German government (Schaar, 2019). There are no prerequisites for accessing this information. Additionally, the requested information must be provided by the respective agency within one month, although it may involve a fee (BMI, 2023).
According to Articles 3 to 6 of the Act, there are four key exceptions to access. First, intelligence services are not required to disclose information. Additionally, the right to information does not include data of third parties, business secrets and intellectual property, or information concerning ongoing administrative procedures. Federal agencies, however, must state and justify both the reasons for exemptions from the obligation to inform and any delays that exceed the time limit (BMI, 2023).
In 2022, 491 inquiries after § 12 Abs. 1 IFG were filed, a decrease from the previous year. Most of these inquiries were directed to either the Federal Ministry of Health or the Federal Ministry of the Interior (BfDI, 2023). Simultaneously, as the point of contact for people who believe their rights have been violated, the federal commissioner for data protection and freedom of information reported 310 cases in which individuals claimed a violation of their right to official information according to the IFG (BfDI, 2023).
Citations:
BfDI. 2023. Tätigkeitsbericht 2022, 31. Tätigkeitsbericht für den Datenschutz und die Informationsfreiheit.
BMI, Bundesministerium des Inneren und für Heimat. 2023. “Informationsfreiheitsgesetz.” https://www.bmi.bund.de/DE/themen/moderne-verwaltung/open-government/informationsfreiheitsgesetz/informationsfreiheitsgesetz-node.html
Schaar, P. 2019. Freedom of Information and Transparency in Germany. Eschborn: Deutsche Gesellschaft für Internationale Zusammenarbeit.
According to Articles 3 to 6 of the Act, there are four key exceptions to access. First, intelligence services are not required to disclose information. Additionally, the right to information does not include data of third parties, business secrets and intellectual property, or information concerning ongoing administrative procedures. Federal agencies, however, must state and justify both the reasons for exemptions from the obligation to inform and any delays that exceed the time limit (BMI, 2023).
In 2022, 491 inquiries after § 12 Abs. 1 IFG were filed, a decrease from the previous year. Most of these inquiries were directed to either the Federal Ministry of Health or the Federal Ministry of the Interior (BfDI, 2023). Simultaneously, as the point of contact for people who believe their rights have been violated, the federal commissioner for data protection and freedom of information reported 310 cases in which individuals claimed a violation of their right to official information according to the IFG (BfDI, 2023).
Citations:
BfDI. 2023. Tätigkeitsbericht 2022, 31. Tätigkeitsbericht für den Datenschutz und die Informationsfreiheit.
BMI, Bundesministerium des Inneren und für Heimat. 2023. “Informationsfreiheitsgesetz.” https://www.bmi.bund.de/DE/themen/moderne-verwaltung/open-government/informationsfreiheitsgesetz/informationsfreiheitsgesetz-node.html
Schaar, P. 2019. Freedom of Information and Transparency in Germany. Eschborn: Deutsche Gesellschaft für Internationale Zusammenarbeit.