Top German court refuses to outlaw far-right NPD party
Madeline Chambers, Reuters, Jan 17 2017
BERLIN/ KARLSRUHE – Germany’s Constitutional Court on Tuesday said the far-right National Democratic Party (NPD) resembled Adolf Hitler’s Nazi party, but ruled against banning it because it presented no threat to democracy. Germany’s Constitutional Court on Tuesday said the far-right National Democratic Party (NPD) resembled Adolf Hitler’s Nazi party, but ruled against banning it because it presented no threat to democracy. Germany’s intelligence agency described the NPD as racist and anti-Semitic and the attempt by the country’s sixteenth federal states to outlaw the party came amid rising support for right-wing groups stoked by popular resentment over the influx of migrants. While the court said the party’s aims violated the constitution, it ruled that there was insufficient evidence it would wield power. Under German law there must be hard proof that a party puts democracy at risk for it to be banned. The court said in its ruling:
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 – RB). However, currently there is a lack of specific and weighty indications suggesting that this endeavour will be successful. It appears to be entirely impossible that the NPD will succeed in achieving its aims by parliamentary or extra-parliamentary democratic means. Identification with leading personalities of the party, the use of selected National Socialist vocabulary, texts, songs and symbols, as well as revisionist statements with regard to history demonstrate an affinity … with the mindset of National Socialism.
The tough conditions for banning a political party is in part a legacy of the crushing of dissent in the Nazi era and communist East Germany. Ahead of federal elections in September, the NPD has been largely overshadowed by the anti-immigrant Alternative for Germany (AfD), for whom support has soared to 15% in polls, and it has failed to capitalise on the refugee crisis. The NPD has never won enough support to win seats in the federal parliament and in September lost its last seat in a regional assembly. It is, though, represented on local councils and in 2014 won a seat in the European Parliament.