No, it’s not. The hurdles to ban a political party in Germany are extremely high. Only three institutions can request that the Bundesverfassungsgericht (similar: supreme court) rules on a party’s compatibility with the liberal-democratic basic order. The government, the Bundestag (cf. House of Representatives), or the Bundesrat (cf. Senate). There’s no majority for such a process in either of these chambers or the Government. One of the main reasons is the fear that the court will not rule to ban the AfD and that the court proceedings would just damage the democratic parties and the constitutional order.
I can’t say I blame them. That this process to ban the AfD would be successful is not very likely. The decision would have to be made by the court with a 2/3 majority and several points need to be proven:
They have to be unconstitutional:
“Parties which, by their objectives or the behavior 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.”
However, simply being unconstitutional is not enough: “Rather, there must be an actively combative, aggressive attitude toward the existing order. This attitude must systematically undermine its functioning and, in the process, seek to eliminate it itself.” (From the proceedings of the ban of the communist party)
In addition, the party must intend to impair or eliminate the free democratic basic order. Elimination means “the abolition of at least one of the essential elements of the free democratic basic order or its replacement by another constitutional order or another system of government”.
Furthermore, they also need to have the means to be able to reach that goal.
Because of these high hurdles, only two such bans were successful in the Federal Republic of Germany. In the 50s, a Nazi Party and the Communist Party were banned. No party was sussessfully banned since then.
In addition, the party must intend to impair or eliminate the free democratic basic order. Elimination means “the abolition of at least one of the essential elements of the free democratic basic order or its replacement by another constitutional order or another system of government”.
Seems like a catch 22. They would need the party to be in power and to try and dismantle the democratic elements before they get a ban. But wouldn’t it be too late then? Because if they’re in power, what’s stopping them from reducing the courts to puppet shows? (like arguably what’s slowly happening in the US) or what happened in the 1940s.
From what I can tell (I am an outsider), the party’s manifesto seems to aim to do exactly that. Is that not a reasonable enough reason? I know they aren’t outright nazis themselves, but I’ve heard whispers and about connections to those who are openly nazis themselves. Like elon Musk who is openly a nazi.
Are the courts confident the Afd won’t pull a Nazi third reich? I wonder if the checks and balances in germany are stronger than those in other countries. In the end, it will only matter to whom the police listens to.
Banning them seems like a question of political will, instead of having the right procedure in place.
Absolutely. The AfD is careful to walk the line. What they want according to their program is abhorrent and stupid but not illegal. That’s why no party was banned since the 50s, parties know what they can and can’t state publicly.
I had heard that they were going to ban the afd (some court?) . Is that not happening?
No, it’s not. The hurdles to ban a political party in Germany are extremely high. Only three institutions can request that the Bundesverfassungsgericht (similar: supreme court) rules on a party’s compatibility with the liberal-democratic basic order. The government, the Bundestag (cf. House of Representatives), or the Bundesrat (cf. Senate). There’s no majority for such a process in either of these chambers or the Government. One of the main reasons is the fear that the court will not rule to ban the AfD and that the court proceedings would just damage the democratic parties and the constitutional order.
I can’t say I blame them. That this process to ban the AfD would be successful is not very likely. The decision would have to be made by the court with a 2/3 majority and several points need to be proven:
They have to be unconstitutional: “Parties which, by their objectives or the behavior 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.”
However, simply being unconstitutional is not enough: “Rather, there must be an actively combative, aggressive attitude toward the existing order. This attitude must systematically undermine its functioning and, in the process, seek to eliminate it itself.” (From the proceedings of the ban of the communist party)
In addition, the party must intend to impair or eliminate the free democratic basic order. Elimination means “the abolition of at least one of the essential elements of the free democratic basic order or its replacement by another constitutional order or another system of government”.
Furthermore, they also need to have the means to be able to reach that goal.
Because of these high hurdles, only two such bans were successful in the Federal Republic of Germany. In the 50s, a Nazi Party and the Communist Party were banned. No party was sussessfully banned since then.
Seems like a catch 22. They would need the party to be in power and to try and dismantle the democratic elements before they get a ban. But wouldn’t it be too late then? Because if they’re in power, what’s stopping them from reducing the courts to puppet shows? (like arguably what’s slowly happening in the US) or what happened in the 1940s.
From what I can tell (I am an outsider), the party’s manifesto seems to aim to do exactly that. Is that not a reasonable enough reason? I know they aren’t outright nazis themselves, but I’ve heard whispers and about connections to those who are openly nazis themselves. Like elon Musk who is openly a nazi.
Are the courts confident the Afd won’t pull a Nazi third reich? I wonder if the checks and balances in germany are stronger than those in other countries. In the end, it will only matter to whom the police listens to.
Banning them seems like a question of political will, instead of having the right procedure in place.
Absolutely. The AfD is careful to walk the line. What they want according to their program is abhorrent and stupid but not illegal. That’s why no party was banned since the 50s, parties know what they can and can’t state publicly.