No CrossRef data available.
Article contents
Federal Constitutional Court To Review NPD Party Ban Motion
Published online by Cambridge University Press: 06 March 2019
Extract
Core share and HTML view are not available for this content. However, as you have access to this content, a full PDF is available via the ‘Save PDF’ action button.
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.
- Type
- Research Article
- Information
- Copyright
- Copyright © 2001 by German Law Journal GbR
References
(1) Government Commits to Seeking a Ban of the Extreme Right-Wing National Democratic Party of Germany, 1 German L. J. 2 (1 November 2000) and Federal Constitutional Court Issues Temporary Injunction in the NPD Party Ban Case, 2 German L. J. 13 (1 August 2001), available at http://www.germanlawjournal.com search: NPD.CrossRefGoogle Scholar
(2) The Federal Government's motion dates from 30 January, 2001; those from the Bundestag and the Bundesrat from 30 March, 2001.Google Scholar
(3) See BVerfG, Decision of 1 October 2001, reg. No. 2 BvB 1/01, http://www.bverfg.de Google Scholar
(4) See BVerfGE 2, 1, 73f., 76f. and also Art. 46 I Nr. 5 BWahlG.Google Scholar
(5) See BVerfGE 2, 1ff. (Sozialistische Reichspartei (SRP)); BVerfGE 5, 85 ff. (Communist Party of Germany (KPD)) Google Scholar
(6) The FCC came to its final judgement on August 17th 1956.Google Scholar
(7) For details about the – peculiar — biography of Horst Mahler, see2 German L. J. 13 (1 August 2001), available at http://www.germanlawjournal.com/past_issues.php?id=74 Google Scholar
(8) 2 German L. J. 13 (1 August 2001), http://www.germanlawjournal.com/past_issues.php?id=74 Google Scholar
(9) For a widespread information to the Courts judgement, see: 2 German L. J. 13 (1 August 2001), http://www.germanlawjournal.com/past_issues.php?id=74. The judgement is published on the homepage of the FCC: BVerfG, 2 BvB 1/01 of 3 July 2001, paragraphs 1 – 28, http://www.bverfg.de/.Google Scholar
(10) For the whole text, see: http://www.echr.coe.int.Google Scholar
(11) The FCC will not reference straightly to the European Convention of Human Rights, because the norms of this Convention are not classified as constitutional law. For the perspective of the FCC and its legal standards in a party-ban proceeding – mainly outlined in the two previous party-ban proceedings-, see: Government Commits to Seeking a Ban of the Extreme Right-Wing National Democratic Party of Germany, 1 German L. J. 2 (1 November 2000).CrossRefGoogle Scholar
(12) Namely, § 61 BVerfGG provides the possibility to resume the proceeding, but this rule applies only in the case of an impeachment of a judge.Google Scholar
You have
Access