The Federal Constitutional Court rejected a specific electoral review complaint related to the 2025 federal election on Thursday. However, the Second Senate simultaneously emphasized the Bundestag’s obligation to conduct its electoral reviews in a timely and substantive manner.
The court stated that no decision from the Federal Constitutional Court on the current electoral review complaint is necessary to ensure that the electoral complaint process, particularly concerning the application of the five-percent hurdle clause, is carried out appropriately. While the Bundestag has not yet made a final decision on the complainant’s appeal, the court noted that the chamber had previously ruled in other appeals that there were no concerns regarding the application of the five-percent barrier for the 2025 federal election.
The Second Senate stressed that the purpose of electoral review is to independently secure the legitimacy of the Bundestag itself, warning that this objective must not be lost. Although the number of electoral appeals has grown considerably in the last two election periods, the Bundestag must manage these associated challenges and fulfill its duty promptly and competently.
The Second Chamber of the Second Senate had already noted in August 2025 that it was not immediately clear why the Bundestag had not initiated the steps required for electoral review immediately after its formation. Furthermore, the Senate could find no compelling reason for this delay.
It was also not evident that the Bundestag had taken sufficient steps to catch up on the processing delays. Fifteen months after the federal election, only about 450 of the roughly 1,000 appeals had been resolved, even though approximately half of those appeals were essentially identical and could have been summarized in a single recommendation.
