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A. Role and Regulation
Parties are explicitly recognized by German constitutional law as an essential part of the political system.
Among others, they …
- act as conduits for diverse interests and opinions
- connect state and society
- discover and develop young talents.
Article 21 of the German Constitution provides for…
- the free establishment of political parties
- a democratic internal order
- equal treatment
- party bans as an exclusively judicial process subject to very strict requirements.
Further details are outlined in various other laws (PartG, BVerfGG, etc).
B. Definition
Due to their immense significance – for better or for worse – parties are not subject to a registration process.
A party is thus any organisation of citizens (regardless of incorporation) meeting the following criteria:
- the wish to influence the political process on the state or federal level, permanently or at least on a long-term basis
- by partipating in the federal parliament (Bundestag) or a state parliament
- if those ambitions are sufficiently serious (especially as far as the party’s membership numbers and public profile are concerned!).
C. Party Bans
The process by which parties may be excluded from state funding and/or be banned and disbanded has 3 main components:
- exclusive jurisdiction of the Federal Constitutional Court
- a threat to the free and democratic constitutional order
- the real possibility for that threat to become reality (in order for the party to be banned).
