Das BVerfG zwischen Verfassungsinterpretation, europäischer Integration und politischer Positionierung – Eine Zwischenbilanz zum NPD-Verbotsurteil vom 17.1.2017

Abstract

In this paper, the author examines the effects that the judgment of the German Constitutional Court concerning the party ban in Art. 21 I GG (17 January 2017) had on government, legislator and society since it was rendered roughly two years ago. For this purpose, she illustrates the relevant changes of the procedural and substantive law of Art. 21 GG and analyses the historical and political background of those changes. She puts special emphasis on the influence that the case law of the ECHR had on the new interpretation of Art. 21 GG. In the end, she questions whether the judgment, which on the surface emphasises the importance of strengthening the freedom of political parties, is able to live up to it’s own standards in reality. For this, she studies to what extent state repression (also, and in particular illegal one) of political parties has increased during the time since the judgment.