Germany’s 'militant democracy': a model for the protection of democracy in Europe?

The paper is subdivided into five segments. A historical introduction of the development of the concept of a militant democracy will be followed by a delineation of the concept of protection as devised by the founders of the democracy. The ensuing paragraph outlines how the militant democracy was put into practice ever since 1949. It focuses on the question as to continuities as well as discontinuities. For practical reasons, the contribution will restrict itself to the bans on organisations as stipulated in art. 9 para. 2 and art. 21 para. 2 of the Basic Law for the Federal Republic of Germany as well as the option of the forfeiture of fundamental rights as put forward in art. 18 B.L. The relationship of loyalty of members of the public service (art. 33 para. 4 B.L.), which was the subject of fierce debates in the 1970, is purposely left out since, strictly speaking, it doesn’t constitute a part of the “militant democracy”. Indeed, the obligations of loyalty that employees are subjected to vary from state to state. The fourth section engages the basic criticism of the concept; moreover, it covers the weaknesses and strengths of the theory and practice of democracy protection. In its conclusion, the contribution raises the question as to what other democracies and the European Union may learn from German experiences, whether it be positive or negative.