Justice
The procedure for Parteiverbot
On Tuesday begins the second start, the right-wing extremist party NPD banned.
Will be negotiated before the Federal constitutional court. For the procedure subject to strict rules.
All parties are in Germany as a guarantor and the expression of vibrant democracy to be especially protected. After the experiences of dictatorship under Adolf Hitler should be in the Federal Republic of parties to the Wählerwillen bundle and a diversity of opinion in a democracy guarantee. High hurdles were for Parteiverbote built.
A prerequisite for Parteiverbote
A party must, in your Thinking and Acting is actively combative or aggressive “to the free democratic basic order interfere with, or want to eliminate or the existence of the Federal Republic of Germany at risk. For the proof of this Verfassungsfeindlichkeit need to be over a longer period of time concrete evidence to be collected and brought to court.
Applicants and decision-makers
No individual, no Chancellor, not even the party as an unwelcome political competitor, get rid of might. Only the highest German court, the Federal constitutional court, has the authority over a Parteiverbot according to clear legislation to decide. This includes: A judgment can only be made when two-thirds of the decisive judge, a party-prohibition as a lawful view. Can apply for such a procedure only a constitutional body needs, so the Bundestag, the Bundesrat or the Federal government. You can together or separately occur. You must have a detailed justification and substantial evidence to submit. These are strictly considered before a method at all can be opened.
Consequences of a Parteiverbots
The forbidden party may no succession or Ersatzpartei. It is complete with all its structures dissolved. The assets of the party can be confiscated.
The second Senate of the Federal constitutional court will deal with the NPD-ban deal.
Previous Parteiverbote
There were two in the early years of the Federal Republic of Germany. In 1952 the “Socialist Reichspartei” (SRP) is prohibited and dissolved. The party stepped at that time, quite frankly in the Tradition of the national socialists and NSDAP. The SRP saw, for example, still the “solution of the Jewish question” as “necessary”. Against several of the party members were the appropriate criminal proceedings.
1957 was followed by the banning of the Communist party of Germany (KPD). You had to be the “revolutionary overthrow” of the first Chancellor, the so-called “Adenauer Regime” is called. The party saw itself as “Kampfpartei”, rejected free speech, taunted the new constitutional order and saw “no peaceful way to socialism”. Sought was a “dictatorship of the proletariat” – with a liberal democracy are completely incompatible.
The first attempt to NPD ban
The Bundestag, the Bundesrat and the Federal government had a NPD prohibition already in the year 2001 is sought. In 2003, the Federal constitutional court but the procedure. Justification: the protection of The Constitution and thus a high state Institution had liaisons (V-people) in the leadership of the party is introduced. You should actually only collect information about activity reports. With their positioning, however, would representatives of the plaintiff state itself, facts and evidence to create or influence, due to which the NPD would have to prohibit. The rejected the judge, negotiated not and also examined not whether the NPD to a constitutional party could act.
Second attempt for NPD ban
At the end of 2013, it applied only to the representation of the Federal States, the Bundesrat, once again, a closure cases, over the now to be decided. The so-called V-people of the Verfassungsschutzes be “switched off” or eliminated, hundreds of receipts for the Verfassungsfeindlichkeit of the NPD to be free and independent has been collected, tell the applicant. Critics doubt that the Federal Council of the NPD is also the Zusatzvoraussetzung a “militant, aggressive attitude towards the existing order” can prove.