"(2) Parties which, according to their objectives or the conduct of their supporters, aim to impair or eliminate the free democratic basic order or to endanger the existence of the Federal Republic of Germany are unconstitutional."
"(2) Parties which, according to their objectives or the conduct of their supporters, aim to impair or eliminate the free democratic basic order or to endanger the existence of the Federal Republic of Germany are unconstitutional."
The only institution that can ban a party is the constitutional court - for this to happen, 2/3 of both the parliament and the federal council need to request a ban.
The core of the issue is the fact, that the court chose to not ban the NPD. The reasoning was that for a ban to be ruled, the party needs to have the structure and power to pose a significant thread to the constitution.
This puts the democratic system in a dilemma. In terms of political reasoning, the bigger a party is, the harder it is to ban. In terms of constitutional reasoning, it needs to reach a significant amount of power.
When is the tipping point to ban such a party? That is the core of the discussion. If we consider the AfD to fulfill the requirements to ban it, in terms of constitutional reasoning we need to push for a ban, for political reasons, most are afraid to.
Let me explain, why that discussion is a thing.
The German constitution states the following:
"(2) Parties which, according to their objectives or the conduct of their supporters, aim to impair or eliminate the free democratic basic order or to endanger the existence of the Federal Republic of Germany are unconstitutional."
The only institution that can ban a party is the constitutional court - for this to happen, 2/3 of both the parliament and the federal council need to request a ban.
The core of the issue is the fact, that the court chose to not ban the NPD. The reasoning was that for a ban to be ruled, the party needs to have the structure and power to pose a significant thread to the constitution.
This puts the democratic system in a dilemma. In terms of political reasoning, the bigger a party is, the harder it is to ban. In terms of constitutional reasoning, it needs to reach a significant amount of power.
When is the tipping point to ban such a party? That is the core of the discussion. If we consider the AfD to fulfill the requirements to ban it, in terms of constitutional reasoning we need to push for a ban, for political reasons, most are afraid to.