No Prohibition of the National Democratic Party of Germany as there are no Indications that it will Succeed in Achieving its Anti-Constitutional Aims

Author (Corporate)
Series Title
Series Details No.4, 2017 (17.01.17)
Publication Date 17/01/2017
Content Type

Germany's constitutional court ruled on the 17 January 2017 against banning the far-right National Democratic Party (NPD), whose neo-Nazi agenda was considered by many as anti-constitutional.

The Bundesrat (upper house of the German parliament) had launched the legal challenge in 2013.

The National Democratic Party of Germany (NPD) advocates a concept aimed at abolishing the existing free democratic basic order. The NPD intends to replace the existing constitutional system with an authoritarian national state that adheres to the idea of an ethnically defined 'people’s community' (Volksgemeinschaft). Its political concept disrespects human dignity and is incompatible with the principle of democracy. Furthermore, the NPD acts in a systematic manner and with sufficient intensity towards achieving its aims that are directed against the free democratic basic order.

However, (currently) there is a lack of specific and weighty indications suggesting that this endeavour will be successful; for that reason the Second Senate of the Federal Constitutional Court, in its judgment pronounced on the 17 January 2017, unanimously rejected as unfounded the Bundesrat’s admissible application to establish the unconstitutionality of the NPD and its sub-organisations

Source Link Link to Main Source http://www.bundesverfassungsgericht.de/SharedDocs/Pressemitteilungen/EN/2017/bvg17-004.html
Related Links
BBC News, 17.01.17: German top court blocks ban on far right NPD http://www.bbc.co.uk/news/world-europe-38649188
Deutsche Welle, 17.01.17: Germany's Constitutional Court rules against banning far-right NPD party http://dw.com/p/2VtnY
ESO: Background information: Information on… Federal Constitutional Court – Bundesverfassungsgericht (BVerfG) http://www.europeansources.info/record/information-on-federal-constitutional-court-bundesverfassungsgericht-bverfg/
The Local.de, 17.01.17: Top court rejects bid to ban far-right party https://www.thelocal.de/20170117/top-court-to-rule-on-banning-far-right-party
Blog: Verfassungsblog, 13.01.17: How to Kill an Idea: An American’s Observations on the NPD Party-Ban Proceedings http://verfassungsblog.de/how-to-kill-an-idea-an-americans-observations-on-the-npd-party-ban-proceedings/
EurActiv, 17.01.17: Top German court refuses to ban neo-Nazi party http://www.euractiv.com/section/justice-home-affairs/news/top-german-court-refuses-to-ban-extreme-rightwing-party/
Deutsche Welle, 17.01.17: [Opinion] NPD can remain irrelevant http://dw.com/p/2Vwbp
The Economist, 17.01.17: Germany’s supreme court decides not to ban the neo-Nazi party http://www.economist.com/news/europe/21714770-national-democratic-party-truly-nasty-not-strong-enough-be-able-fulfil-its
The Independent, 17.01.17: Germany's constitutional court rejects ban on 'neo-Nazi' NPD party http://www.independent.co.uk/news/world/europe/germany-npd-ban-federal-constitutional-court-ruling-neo-nazi-anti-semitism-refugees-racism-national-a7530806.html
Euro!Topics: Debates, January 2017: Should the NPD have been banned? https://www.eurotopics.net/en/172875/should-the-npd-have-been-banned
ESO: Background information: Germany one step closer to banning right-wing party http://www.europeansources.info/record/germany-one-step-closer-to-banning-right-wing-party/
Blog: Verfassungsblog, 21.01.17: [Editorial]: Scarves, Slaves and the Nearly Headless NPD http://verfassungsblog.de/scarves-slaves-and-the-nearly-headless-npd/

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