this post was submitted on 13 Nov 2024
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Summary

Over 100 German legislators have proposed banning the far-right Alternative for Germany (AfD) party, citing its aggressive and combative actions against the constitution.

The proposal, which requires support from the Bundestag, the upper house, or the federal government, aims to demonstrate the AfD’s extreme right-wing activities.

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[–] [email protected] 130 points 2 days ago (7 children)

This isn't entirely true. They are backing the check by our Bundesverfassungsgericht (our supreme court) if the AfD is against the constitution. That's a significant difference. The article makes it sound like the Bundestag can just ban the party, but that(luckyly) isn't the case(because if it would any political party could just ban the enemies(as it happened in the 1930s)). Instead the Bundestag, or the Bundesrat(its made of representatives from our states and) , have to order the Bundesverfassungsgericht to check if the AfD is a party hostile to the constitution.

Also worth mentioning, that if this goes through, we won't see a result in the near future. Such a case takes about 4-6 years to be resolved.

[–] [email protected] 36 points 2 days ago (2 children)

The BVerfG can be surprisingly fast if things are sufficiently clear-cut and/or urgent. For one, the AfD will have to have sufficient discipline to not make death threats over this, siege the court, such things. I'm sure their higher-ups have game-planned this but I would be surprised indeed if fascists manage to not be, well, fascists, when backed into a corner.

The legal question isn't actually complicated, there's been enough cases so that the court won't have to develop law. It's mostly going to be hearing evidence.

[–] [email protected] 6 points 1 day ago (1 children)

Everyone involved says this will take years to resolve, furthermore it's questionable if the evidence is even sufficient for successfully banning the AfD. This is in no way a clear cut case.

[–] [email protected] 1 points 11 hours ago

From the two unsuccessful ban trials of the NPD, I do not have much hope of this one succeeding. Sadly.

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