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Swift, transparent measures to legally finalise the electoral process and ensure full democratic legitimacy in Germany

Written declaration No. 812 | Doc. 16202 | 20 June 2025

Signatories:
Mr Andrej HUNKO, Germany, UEL ; Mr Vlad BATRÎNCEA, Republic of Moldova, UEL ; Mr Bob De BRABANDERE, Belgium, ECPA ; Ms Laura CASTEL, Spain, UEL ; Ms Sevilay ÇELENK ÖZEN, Türkiye, UEL ; Ms Sevim DAĞDELEN, Germany, UEL ; Mr Vladimir ĐORĐEVIĆ, Serbia, ECPA ; Mr Constantinos EFSTATHIOU, Cyprus, SOC ; Mr Cerni ESCALÉ, Andorra, SOC ; Mr Pierre-Alain FRIDEZ, Switzerland, SOC ; Mr Martin GRAF, Austria, ECPA ; Ms Ann GRAVES, Ireland, UEL ; Mr Alfred HEER, Switzerland, ALDE ; Ms Nina KASIMATI, Greece, UEL ; Mr Malte KAUFMANN, Germany, ECPA ; Mr George LOUCAIDES, Cyprus, UEL ; Ms Alessandra MAIORINO, Italy, UEL ; Mr Conor MURPHY, Ireland, UEL ; Mr Berdan ÖZTÜRK, Türkiye, UEL ; Ms Biljana PANTIĆ PILJA, Serbia, EPP/CD ; Ms Adela RĂILEANU, Republic of Moldova, UEL ; Ms Dunja SIMONOVIĆ BRATIĆ, Serbia, SOC ; Mr Søren SØNDERGAARD, Denmark, UEL ; Mr Constantin STARÎŞ, Republic of Moldova, UEL

We, the undersigned, declare the following:

Germany, a key member of the Council of Europe, is facing challenges to the 2025 Federal Bundestag election results. While the Bundestag's internal scrutiny is ongoing, the lack of a legal time limit risks undermining legal certainty and public trust.

Unlike in most Council of Europe member States, Germany’s legal framework makes it particularly difficult to challenge election results or request recounts, due to strict admissibility rules, a high threshold for proving material irregularities, and limited immediate judicial review. Even in close races, recounts are not automatic.

Though the Bundestag’s Committee for the Scrutiny of Elections holds a constitutional oversight role, it is essential to uphold the right of voters and political actors to appeal to an independent judiciary, as guaranteed by the European Convention on Human Rights (ETS No.5) and the standards of the European Commission for Democracy through Law (Venice Commission). A prolonged or opaque process could compromise this right and weaken democratic institutions.

Given the upcoming submission of new credentials in June 2025, we call on German authorities to:

  • finalise the internal scrutiny procedure without undue delay;
  • ensure access to independent judicial appeal;
  • consider a full and transparent recount to restore public confidence and legal certainty.

The Parliamentary Assembly should remain ready to support democratic standards and parliamentary legitimacy.