Political radicalization feared: Green Party leader Nouripour advocates a ban on the AfD. Former Federal President Gauck points out the dangers of such a decision.
Berlin – Banning a party in Germany is a complex legal process and follows strict criteria. It is unclear whether a ban procedure against the partly secured right-wing extremist Alternative for Germany (AfD) before the Federal Constitutional Court could be successful. In the last few days, a planned cross-party initiative by members of the Bundestag for a proposal to ban the AfD was discussed. Green Party leader Omid Nouripour is in favor of this, while former Bundestag President Joachim Gauck warns against this idea.
AfD ban procedure: What arguments speak for it according to Nouripour
A well-fortified democracy cannot watch its own destruction by anti-democrats without consequences, said Nouripour World on Sunday. “The sheer amount of public evidence against the AfD is overwhelming,” says the Green Party leader, and in the interview he also made a comparison with the past. He recently read a book about the Weimar Republic and the attempt by the then Bavarian Interior Minister to take action against the NSDAP. However, this attempt failed – and the consequences for Germany and the world are known.
The NSDAP under Adolf Hitler seized power through democratic means, but then abolished democracy within a very short time. “In the Thuringian state parliament you could see last week: As soon as the AfD has even a little power in its hands, it is determined to abuse this power against all democratic practices,” warned Green Party leader Nouripour. The senior president of the AfD, Jürgen Treutler, refused for hours to allow a vote on a point of order motion. Constitutional lawyers even spoke of a “breach of the constitution”.
What does it take to ban a party in Germany?
Parties that, based on their goals or the behavior of their supporters, are designed to impair or eliminate the free democratic basic order or endanger the existence of the Federal Republic of Germany are unconstitutional, says the Federal Constitutional Court in a statement Explanation. However, the spread of anti-constitutional ideas alone is not enough to ban a party.
In addition, there must be “an actively combative, aggressive attitude towards the free democratic basic order, which the party aims to abolish, as well as concrete evidence that achieving the anti-constitutional goals it pursues does not appear to be completely hopeless,” the highest court in Germany continued. According to one, to be considered “combative” is enough Verdict The Federal Constitutional Court in January called for a “planned and qualified approach”.
According to the Federal Constitutional Court, an ethnic concept of people is also prohibited. “The Basic Law does not recognize a concept of the people that is based exclusively on ethnic categories,” said the highest German court. However, ethnic ideology is a central component of AfD politics. The German Institute for Human Rights In an analysis, considers a ban on the AfD in accordance with Article 21 of the Basic Law to be legally possible and necessary in order to protect the free-democratic basic order.
In the history of the Federal Republic, two parties have already been banned: the Socialist Reich Party (SRP) in 1952 and the Communist Party of Germany (KPD) in 1956. However, a party ban procedure against the National Democratic Party of Germany (NDP) failed in 2017. At that time, it could not be proven that there was evidence of successful implementation of the NDP’s political goals.
“The majority of AfD voters are not Nazis”: How society can take action against the AfD, according to Gauck
Former Federal President Gauck admitted in an interview with the Funke Media Group on Saturday that his “gut feeling would warmly support the party’s ban.” But the rationale told him that “we wouldn’t simply abolish the party’s electorate with a ban procedure. Rather, we would generate even more anger and even more radicalism – and that would be politically harmful.” The majority of AfD voters are not Nazis, “they are simply more democratic. That’s why we need examples of the success of democracy, which we have to keep shoving under their noses,” says Gauck.
If the AfD were banned, insecure conservative citizens would see the state as an enemy. “We don’t need that,” the politician is certain. In addition, constitutional lawyers and political scientists doubt both its usefulness and its success before the Federal Constitutional Court. Instead of state intervention, Germany should strengthen its ability to defend democracy. The former Federal President called for a more active civil society and a committed fight against national populism.
Voices from the Union and the SPD have also recently expressed some criticism of the initiative to ban the AfD party. “We have to prepare very, very carefully when doing things like this, which is why it is not on the agenda now,” said Chancellor Olaf Scholz (SPD) on Wednesday. “We must not forget that all ban proceedings against parties recently have not been so successful,” commented the lawyer, referring to the failed NPD ban (bme/AFP).
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