43. When can a political party be banned in Germany?

Answer options

1. if its election campaign is too expensive
2. if it fights against the constitution
3. if it expresses criticism of the head of state
4. if its programme proposes a new direction

Explanation

Party bans in the Federal Republic are a last resort and may be imposed only by the Federal Constitutional Court under Article 21(2) of the Basic Law. The yardstick is protection of the liberal democratic basic order (freiheitliche demokratische Grundordnung, FDGO; a militant/defensive democracy): the party must act in an actively militant and deliberate manner to impair or abolish the FDGO or endanger the existence of the Federal Republic, and possess sufficient potential to succeed. Historically, the SRP (1952) and the KPD (1956) were banned; in the 2017 NPD judgment the Court found anti-constitutional aims but denied the required potential, so no ban. Criticism of the Federal President is protected speech, and campaign costs or proposing “new directions” are constitutionally irrelevant.