Federal Constitutional Court Issues Temporary Injunction in the NPD Party Ban Case

2001 ◽  
Vol 2 (13) ◽  
Keyword(s):  
Political Parties ◽  
Democratic Party ◽  
German Law ◽  
Constitutional Court ◽  
Right Wing ◽  
Federal States ◽  
Constitutional Order ◽  
Federal Constitutional ◽  
Political Sector ◽  
Temporary Injunction

German Law Journal reported last November on the German Government's plans to take the extraordinary move of seeking a constitutional ban of the extreme right-wing National Democratic Party of Germany. At the end of January, 2001, the Federal Government filed its motion for a ban of the NPD with the Federal Constitutional Court in Karlsruhe. At the end of March, 2001, the Bundestag (Federal Parliament) and the Bundesrat (Federal Legislative Chamber of the States) followed with separate motions. The Federal Constitutional Court now has before it three separate actions, raising distinct claims and presenting distinct evidence, seeking the constitutional excommunication of the NPD. The motions present a unified front from every political sector of the German constitutional order: the executive, the legislature and the Länder (federal states). This lock-step approach to the effort to ban the NPD was part of the master-scheme of Federal Interior Minister Otto Schily, who pressed hard to gain support for the move to seek a ban from all mainstream political parties and all the Länder, at least in part to limit the political fall-out in the case that the Constitutional Court finds against the motions.

Federal Constitutional Court To Review NPD Party Ban Motion

2001 ◽  
Vol 2 (17) ◽  
Author(s):  
Felix Hanschmann
Keyword(s):  
Democratic Party ◽  
German Law ◽  
Constitutional Court ◽  
Right Wing ◽  
Extreme Right ◽  
German Government ◽  
Constitutional Order ◽  
Short Survey ◽  
Federal Constitutional

As already reported by German Law Journal, the German Government, the Bundestag (Federal Parliament) as well as the Bundesrat (Federal Legislative Chamber of the Länder) filed motions with the Bundesverfassungsgericht (FCC; Federal Constitutional Court) seeking a constitutional ban of the extreme right-wing National Democratic Party of Germany (NPD). Now, some eight, respectively six months, after filing the motions for a constitutional order of the NPD's dissolution, the banning of all of party activities and the confiscation of the party's property, the FCC decided on October 1st, 2001, that the motions were admissible. The following annotation discusses the meaning of the Court's decision to admit the motions, provoding a brief account of what the decision says and what — just as interesting — it does not say. It will also report on the course of events and developments that have taken place during the stretch of time between the filing of the applications and the Court's ruling of October 1. Finally this report will provide, leaving aside speculations as to possible results of the process, a short survey of the legal possibilities that are open to the NPD, once the FCC in Karlsruhe grants the motions and declares the party unconstitutional.

FCC suspends hearing in NPD Party Ban Case

2002 ◽  
Vol 3 (2) ◽  
Author(s):  
Alexander Hanebeck
Keyword(s):  
Democratic Party ◽  
Constitutional Court ◽  
Right Wing ◽  
Legal Questions ◽  
Basic Law ◽  
Federal Constitutional ◽  
The Subject ◽  
High Ranking Official ◽  
Senior Civil Servant ◽  
Basic Order

In a unanimous, surprising decision the Federal Constitutional Court (FCC) announced last Tuesday, 22 January 2002, that the hearing in the NPD Party Ban Case - scheduled for five days in early and late February - was suspended. The Court did not yet set a new date. The Court explained that facts had now become known to the Court that raised serious legal questions which can not be resolved in the two weeks before the scheduled hearings. Even the decision from October 1st, 2001, in which the motions by the Bundesregierung (German Federal Government), the Bundestag (Federal Par-liament) and the Bundesrat (Federal Legislative Chamber of the Länder) seeking a ban of the extremist right wing National Democratic Party (NPD) were ruled to be admissible and not evidently unfounded is called into question by the Court. The FCC had been told by a senior civil servant from the Federal Ministry of the Interior that there would be one so-called “V-Mann” among the 14 people to appear as witnesses before the FCC at the scheduled hearing. The motions to ban the NPD build upon numerous sources in order to show that the NPD seeks to undermine or abolish the “freiheitliche demokratische Grundordnung” (free democratic basic order) and therefore must be banned under Art. 21 (2) of the German Basic Law (“Grundgesetz. Among those quoted is the V-Mann, Wolfgang Frenz, a former high-ranking official of the NPD. The rather drastic reaction by the FCC to these news is explained by the significance of the information about the V-Mann, an often dubious source (infra I.) and the way this information made its way to the Court, which is a scandal in itself (infra II.). The fallout from the decision will be the subject of the closing remarks (infra III.).

Calibrating Liberty and Security: Federal Constitutional Court Rules on Freedom of Speech in PKK Case

2002 ◽  
Vol 3 (6) ◽  
Author(s):  
Dan Wielsch
Keyword(s):  
Free Speech ◽  
Democratic Party ◽  
Freedom Of Speech ◽  
Constitutional Court ◽  
Right Wing ◽  
September 11Th ◽  
The Core ◽  
Preventative Measures ◽  
Federal Constitutional ◽  
The One

In a recently published decision the Bundesverfassungsgericht (BVerfG – Federal Constitutional Court) was concerned with the basic right of free speech of PKK sympathizers. The decision draws a fine line between, on the one hand, preventative measures which aim to inhibit radical associations and, on the other hand, the protection of free speech which lies at the core of democracy. The Court's decision touches upon the debate about security triggered by the events of September 11th and Germany's proactive stance towards right-wing radicalism, characterized by the Court's present consideration of an application to ban the extreme right-wing National demokratischen Partei Deutschlands (NPD – National Democratic Party of Germany).

scholarly journals Federal Constitutional Court To Decide Whether to Issue a Temporary Injunction Against Germany's New Lifetime Partnerships Law for Homosexual Couples

2001 ◽  
Vol 2 (12) ◽  
Author(s):  
Andreas Maurer
Keyword(s):  
Social Evolution ◽  
Constitutional Court ◽  
Federal States ◽  
The Social ◽  
Federal Constitutional ◽  
Considerable Controversy ◽  
The Subject ◽  
Temporary Injunction ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional

On July 18, 2001, the Bundesverfassungsgericht (German Federal Constitutional Court) will issue its ruling in the application for a temporary injunction, brought by the Länder (Federal States) of Bavaria and Saxony, to block the August 1 effective date of the new federalLebenspartnerschaftgesetz(LPartG — Registered Lifetime Partnership Act for Homosexual Relationships). This act has been the subject of considerable controversy including the claims at the heart of the Federal States' challenge to the constitutionality of the statute. This article will: (a) briefly survey the social evolution that has necessitated the regulations in this statute; (b) describe some of the statute's provisions; and (c) end by summarizing some of the sometimes harsh and often very emotional arguments involved in the debate over the LPartG and raised as part of the challenge to the statute's constitutionality in the proceedings before the Federal Constitutional Court.

Öffentliche Sicherheit und Freiheit

2020 ◽  
Author(s):  
Robert Chr. van Ooyen
Keyword(s):  
Political Parties ◽  
Political Theory ◽  
Public Security ◽  
Constitutional Court ◽  
Right Wing ◽  
State Of Emergency ◽  
Process Of Change ◽  
Federal Constitutional ◽  
Out Of Area ◽  
Right Wing Extremism

From ‘11th September’ to ‘the coronavirus pandemic’, public security has been subject to a rapid process of change: the separation of internal and external security is being eroded, and police and criminal law are being Europeanised and internationalised. The concepts of ‘security states’, ‘friend and foe law’ and ‘a state of emergency’ are endangering freedom. In addition to the threat posed by Islamism, right-wing extremism, which has been increasing for years, has turned into neo-Nazi terrorism. Our allegedly strong democracy is proving to be both brittle and yet, at the same time, necessary for an open (immigrant) society, and security agencies are not unimpeachable. The 3rd redesigned and expanded edition of this book addresses the following points, with special references to political theory and rulings by the Federal Constitutional Court: Security and freedom in a ‘state of emergency’ Security and an open society New security and ‘friend and foe law’ Security, immigration and democracy Terrorism (Right-wing) extremism and bans on political parties Europeanisation of security Out-of-area deployment of the German military and in police situations Internationalisation of criminal justice

Activity of modern right-wing radical parties in the Czech Republic

2019 ◽  
pp. 164-173
Author(s):  
Tetiana Fedorchak
Keyword(s):  
Czech Republic ◽  
Political Parties ◽  
European Integration ◽  
Democratic Party ◽  
Party System ◽  
Social Programs ◽  
Right Wing ◽  
The Czech Republic ◽  
Almost All ◽  
Political Radicalism

The author investigates political radicalism in the Czech Republic, a rather heterogeneous current considering the structure of participants: from political parties to the extremist organizations. The peculiarity of the Czech party system is the existence, along with typical radical parties, of other non-radical parties whose representatives support xenophobic, nationalist and anti-Islamic statements. This is primarily the Civil Democratic Party, known for its critical attitude towards European integration, and the Communist party of the Czech Republic and Moravia, which opposes Czech membership in NATO and the EU. Among the Czech politicians, who are close to radical views, analysts include the well-known for its anti-Islamic position of the Czech President M. Zeman and the leader of the movement ANO, billionaire A. Babich. Voters vote for them not because their economic or social programs are particularly attractive to the electorate, but because of dissatisfaction with the economic situation in the state. Almost all right populist parties oppose European integration, interpreting it as an anti-national project run by an elite distorted by a deficit of democracy and corruption. Keywords: Czech Republic, right-wing radical political parties, European integration, nationalism.

International Treaties and The German Constitution

2019 ◽  
pp. 171-190
Author(s):  
Stefan Kadelbach
Keyword(s):  
German Law ◽  
Foreign Affairs ◽  
European Convention ◽  
Constitutional Court ◽  
International Treaties ◽  
Basic Law ◽  
The Status ◽  
German Constitution ◽  
Federal Constitutional

This chapter deals with the making, status, and interpretation of international treaties under the German Constitution. It describes the interrelationship of the different institutions in treaty-making and shows how a comparatively old provision of the German Basic Law has been adapted slowly to new circumstances over the past decades. Thus, even though foreign affairs has remained a domain of the executive, several developments have contributed to an enhanced role of Parliament over time. These developments are partly due to the role of special sectors of law such as EU law and the law governing the use of force and partly due to changes in constitutional practice. As for the status of treaties in German law, the Federal Constitutional Court has developed a stance according to which treaties generally share the rank of the legal act that implements them into domestic law. A notable exception is the European Convention of Human Rights, which has assumed a quasi-constitutional rank by means of consistent interpretation. Some reference is made to other continental systems to assess how far different constitutions bring about certain features; various systems appear similar in many respects at first sight, whereas features in which they differ may be a source of inspiration for future constitutional practice.

Celebrating the Milk Maid: What Federal Constitutional Court President Limbach Doesn't Tell Us About the Court Says It All

2001 ◽  
Vol 2 (9) ◽  
Author(s):  
Viktor Winkler
Keyword(s):  
German Law ◽  
The Other ◽  
Constitutional Court ◽  
Limited Size ◽  
Small Stature ◽  
Basic Law ◽  
Federal Constitutional ◽  
Law Student

It's a small book. Actually, it is a very small book. Only one hundred and twenty-eight pages, it's a format so thin it could fit into a pocket. As a matter of fact, it is smaller than a copy of the Grundgesetz (German Basic Law) that a German law student would carry along to class. The book's title, however, is considerably more intrepid than the book's small stature. At the same time breathtakingly pithy and slightly immodest, the book is simply called Das Bundesverfassungsgericht (The Federal Constitutional Court). And at the top of the cover, just to make sure, the word “WISSEN” (KNOWLEDGE) appears in big letters. While one wonders how a publication of such limited size could deign to comprehensively present the important “knowledge” of the Federal Constitutional Court, the other words on the cover provide some assurance. Those words are the name of the book's author who obviously could not be more adequate for the task. The author, Jutta Limbach, is the current President of the Federal Constitutional Court presiding in her seventh year.

scholarly journals La prohibición de partidos políticos en Alemania. Del nuevo criterio de la potencialidad y la reciente reforma constitucional para la no financiación de formaciones antidemocráticas pero constitucionales // The prohibition on political parties in Germany. The new criterion of potentiality and the recent constitutional reform for not funding anti-democratic but constitutional formations

2018 ◽  
Vol 1 (102) ◽  
pp. 235
Author(s):  
Pablo Fernández de Casadevante Mayordomo
Keyword(s):  
Political Parties ◽  
State Funding ◽  
Constitutional Reform ◽  
Constitutional Court ◽  
Legal Implications ◽  
Federal Constitutional ◽  
Legislative Framework ◽  
Principle Of Proportionality ◽  
The Right ◽  
New Criterion

Resumen:El año 2017 fue testigo de importantes acontecimientos en relación con el fenómeno de la ideología de ultra derecha en Alemania. Si en enero, el Tribunal Constitucional Federal fallaba en contra de la prohibición del  NPD pese a reconocer el carácter antidemocrático de sus objetivos, en julio entraba en vigor una reforma constitucional para excluir de la financiación estatal a formaciones políticas que, siendo contrarias al orden democrático, no sean objeto de prohibición al carecer del potencial necesario para alcanzar sus objetivos. A modo de colofón, septiembre finalizaba con la celebración de elecciones federales y la entrada de la AfD en el Bundestag como tercera fuerza política. A la luz de todo ello, en el presente trabajo se apuesta por el análisis de las principales implicaciones jurídicas derivadas de dichos hechos, ello con el ánimo de ofrecer al lector una visión actualizada sobre el control jurídico aplicable a la ideología de los partidos políticos en Alemania.Summary1. Introduction. 2. The right of every democratic system to its self-defence. 2.1. Theoretical approach. 2.2. Express intangibility clauses and ideological control. 3. The defense of democracy and political parties in the German legal system. 3.1. The German concept of militant democracy. 3.2. Legal regime applicable to anti-democratic political parties. 3.2.1. Constitutional framework. 3.2.2. Basic legislative framework. 4. The German jurisprudential adaptation to the ECHR conventionality control: the NPD case. 4.1. The necessity test according to the ECHR jurisprudence. 4.2. Potentiality as a substitute for the principle of proportionality. 4.3. Anti-democratic but constitutional. 5. Main observations after the recent constitutional reform. 6. Conclusions. Bibliography.Abstract:2017 witnessed important events in relation to the phenomenon of the right-wing ideology in Germany. First, in January, the Federal Constitutional Court ruled against the prohibition of the NPD, despite recognizing the anti-democratic nature of its objectives; then, in July, a constitutional reform came into effect to exclude from the state funding those political formations that, contravening the democratic order, are not prohibited as they lack the necessary potential to achieve their objectives. To conclude, September ended with the holding of federal elections and the entry of the AfD into the Bundestag, as the country’s third largest force. In light of all this, the present work is committed to the analysis of the main legal implications derived from these events, this with the aim to offer the reader an updated view on the legal control applicable to theideology of political parties in Germany.

The German Sub-national Government Bond Market: Structure, Determinants of Yield Spreads and Berlin’s Forgone Bail-out

2009 ◽  
Vol 229 (1) ◽  
Author(s):  
Alexander Schulz ◽  
Guntram B. Wolff
Keyword(s):  
Risk Aversion ◽  
Corporate Bond ◽  
Constitutional Court ◽  
Data Set ◽  
Yield Spreads ◽  
Federal States ◽  
German Federal States ◽  
Federal Constitutional ◽  
Commercial Paper ◽  
City State

SummaryThe paper presents a new and comprehensive data set of all bonds issued by the sixteen German federal states (Länder) since 1992. It thus provides a complete picture of a capital market comparable in size to the combined corporate bond and commercial paper market in Germany. The quantitative analysis reveals that Länder follow different issuing strategies: while some concentrate to a greater extent on large issues or issue joint bonds with other Länder (Jumbos), others rely more on comparatively small but frequent issues. Moreover, some Länder issue a significant volume-share of their bonds in foreign currencies. Suitable bonds are used to compute time series of yields for the respective Länder at a daily frequency as well as a liquidity measure. Based on the unique data set, we document that spreads of Länder yields to the Bund are driven to a great extent by general risk aversion. Public debt only has an economically marginal impact. Moreover, the recent refusal of the Federal Constitutional Court to grant additional federal funds to the city-state of Berlin did not change the risk assessment of German Länder by financial markets. Recent market turbulences have manifestly contributed to widening spreads as well as increased responsiveness of Länder spreads to international measures of risk aversion.

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