Safeguarding Democracy: A Study of Bans against Right-Wing Extremist Organizations in Germany

In recent years, the global rise of right-wing extremism has tested the foundations of democracy. In Germany, the Alternative für Deutschland (AfD) has surged in polls, amassing around 20 percent nationwide support. Calls for banning the AfD, and discussions on employing Germany's constitutional instruments of "militant democracy," have intensified. While the AfD benefits from constitutional protections against easy party bans, its youth organization, Junge Alternative, lacks such safeguards and could face association bans via executive decree. Complicating matters, some AfD members are linked to extremist groups, with reported ties to weapon acquisition and plans for a coup or "remigration" of immigrants. This study delves into the historical application of association bans under Article 9 of the Basic Law in Germany, exploring the legal, social, and political implications of past bans on right-wing associations. Unlike party bans under Article 21, seldom invoked and successful only twice through Constitutional Court rulings, association bans are a relatively common instrument. These bans can be enacted through a straightforward executive measure by the Federal Minister of Interior or the ministers of interior of the federal states. The paper sheds light on this aspect of Germany's constitutional approach, presenting empirical findings on the effects of bans against right-wing extremist organizations. This research, part of a pioneering project, is within a broader initiative at the School of Economics and Law in Berlin and the University of Applied Sciences in Düsseldorf. It marks the first concerted effort to comprehensively examine the practice of association bans in the Federal Republic of Germany, where around 150 such bans have been enacted against right-wing extremist organizations. Methodologically, the study combines archival data and interviews within the executive branch of government, engaging with civil society members and individuals associated with or formerly belonging to right-wing extremist groups. This multifaceted approach aims to provide a nuanced and comprehensive understanding of the consequences associated with association bans. The research navigates the legal intricacies and societal impacts, contributing valuable insights to the ongoing scholarly discourse on the delicate balance between safeguarding democratic principles and addressing the persistent challenge of right-wing extremism in Germany. This constitutional conundrum is not unique to Germany; however, the country, with its robust concept of 'militant democracy' embedded in the post-World War II Basic Law, stands unique among Western democracies. Presenting these findings at the ECPR General Conference 2024 in University College Dublin, the aim is to share this research with the academic community, fostering a deeper understanding of the intricate interplay between democratic governance, security imperatives, and the enduring challenges posed by right-wing extremism in the German context.