Banning Extreme Right-Groups: Decision-Making, Pathways, and Outcomes

Party bans are rare in the history of the Federal Republic of Germany. While these are regularly accompanied by a broad and controversial public debate due to the prominent position of parties in the political decision-making process, the banning of associations attracts far less attention. Yet the instrument of banning associations is used far more frequently - since the founding of the Federal Republic of Germany, well over a hundred right-wing extremist associations have been banned. Yet, hardly any empirical evidence exists regarding a) the decision-making process which leads to a ban or to the decision not to follow this path, and b) what result are following a ban of an extreme right group. The paper presents results from an empirical research project focussing on twelve bans executed in the 1980s, 1990s, and 2000s. Empirically, it combines interviews with decision-makers, journalists, civil society actors, and judges plus comprehensive archive research, the analysis of statements of extreme right protagonists and media sources. Regarding the decision-making process several factors have been identified ranging from the specific convictions of the respective interior minister to various control criteria, and resource issues. In soem cases, penal law is the preferred option to tame extreme right groups and activities. The result of banning procedures varies depending on the nature of the banned organization, the evasion options and the legal prosecution of successor activities.