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#43Wann kann in Deutschland eine Partei verboten werden?

When can a party be banned in Germany?

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The correct answer is:

when they fight against the constitution

wenn sie gegen die Verfassung kämpft

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Quick explanation

A party can be banned if it fights against the constitution.

Why is this correct?

Only the Federal Constitutional Court can ban a party that seeks to abolish the free democratic basic order.

Background

A party can be banned if it seeks to abolish the free democratic basic order or endangers the existence of Germany (Article 21 of the Basic Law). Only the Federal Constitutional Court can impose a ban. An application can be made by the Bundestag, the Bundesrat or the federal government. The hurdles are high so that parties cannot simply be banned for political reasons.

Why are the other answers wrong?

An expensive election campaign, criticism of the head of state or a programme with new ideas are allowed in a democracy. Criticism and new political directions are part of the democratic competition between parties.

Memory tip

Only those who fight the constitution are banned – not those who criticise.

Legal basis: Art. 21 Basic Law (GG) ↗

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