On December 10, 2024, a paper titled “The German Federal Constitutional Court’s Perspective on the European Parliament and the Electoral Threshold Clause” authored by Professor Yumiko Nakanishi of the Graduate School of Law, was published in Autonomy Studies. This paper examines how the German Federal Constitutional Court (hereafter, the Constitutional Court) has recognized and evolved its understanding of the European Parliament’s development, following the Court’s adoption of measures on February 6, 2024, mandating the introduction of an electoral threshold clause (Sperrklausel) in the European Parliament. Professor Nakanishi explains the factual background and significance of the ruling, highlighting that the Constitutional Court, for the first time, acknowledged the European Parliament as an institution with democratic legitimacy. She also emphasizes the Court’s determination that introducing an electoral threshold clause is appropriate to prevent fragmentation within the European Parliament, from its involvement in governance. Furthermore, the article argues that this ruling signifies an updated recognition of the European Parliament by the Constitutional Court, reflecting its substantive role in governance.

https://www.fujisan.co.jp/product/1306/b/2595502/