Pravno-politički dometi zabrane političkih stranaka u Nemačkoj
Legal And Political Scope Of Prohibition Of Political Parties In Germany

Summary/Abstract: FR Germany was the first state in Europe that constituted political parties by the article 21 of its Constitution in such way that they could be banned in case the Federal Constitution Court finds them unconstitutional. Even during the first years of the FR Germany’s existence, the Court banned two political parties belonging to the extreme left and right of the German political scene on the Government initiative. However, soon after their ban other very similar parties were established. Aside from slightly changed names, those parties inherited most members and the ideology from the old, banned ones. The explanation of the judgment in question expressed the fear for liberal democratic system, which, according to the viewpoint of the Court, was jeopardized by the very existence of those parties, but the fact that the parties promoting totalitarian ideologies soon afterwards continued their operation deems sincerity of such statements questionable. In addition, the issue of banning of political parties in Germany is still relevant. The far-right NPD party was not banned at the beginning of this century due to the process difficulties created by the undercover agents (‘state officials’), who due to the underdeveloped party structure reached high positions in its hierarchy. A new motion for banning of NPD is eagerly expected, particularly because of the ECHR’s attitude that political parties considered to be a threat to democracy need to have at least a small chance (political power) to enforce their intention by political means. NPD is today a minor political party, without any influence in the society.

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