The Federal Constitutional Court is deciding today on the exclusion of the NPD from state party funding. The verdict could also play a role in how we deal with the AfD.
In 2017, the Federal Constitutional Court refused to ban the NPD. The court said at the time that the NPD was anti-constitutional, but not a political threat to democracy. The court gave an important note: Even if a party is not banned, it may still be possible to withdraw state money from it, for example, exclude it from reimbursement of campaign costs.
The Basic Law was then changed. And so since 2017, Article 21 of the German Constitution has said: “Parties whose goals or the behavior of their supporters are aimed at impairing or eliminating the free democratic basic order or endangering the existence of the Federal Republic of Germany are of state responsibility Financing excluded”. And it is made more concrete: If the party is excluded, it will not be able to claim any tax breaks for donations.
First request for exclusion from state funding
In 2019, the Bundestag, Bundesrat and federal government jointly submitted a proposal to exclude the NPD, which now calls itself “Die Heimat”, from state funding.
In July, in the oral hearing before the Federal Constitutional Court, Peter Tschentscher, the governing mayor of Hamburg from the SPD, justified the motion: A party that is aimed at dismantling the state and eliminating it should not also be supported by the state.
Party did not take part in the oral hearing
The party, for its part, argued before the start of the proceedings that it would violate the principle of equal opportunities if it were excluded from party financing. Not a single representative of the party appeared in court. On her homepage she spoke of a “show trial”. A fair trial cannot be expected.
Peter Tschentscher from the SPD considered this to be symptomatic. As far as he knew, it was the first time in the history of the Federal Constitutional Court that those involved in the proceedings did not appear. “It really shows in its entire basic attitude that this party disregards our constitution, the state and the constitutional bodies.”
None for a while Campaign costs more reimbursed
The NPD alias “Die Heimat” has not received any government subsidies since 2020. The reason: Too few votes in federal, state and European elections. Nevertheless, the exclusion from state funding is important, said Federal Interior Minister Nancy Faeser. Because if she ran again now and got enough votes, then she would be financed again.
In addition, the party continues to benefit from tax advantages. She recently received inheritances worth up to 500,000 euros and did not have to pay taxes.
The decision could also play a role for the AfD
In terms of content, Karlsruhe has to decide a fundamental question: Can a party be excluded from party financing even though it is not banned?
This question could also play a role for other parties. For example for the AfD. Because this is monitored by the Office for the Protection of the Constitution and is in some cases considered right-wing extremist. What matters is what standards the Federal Constitutional Court sets. The verdict will be announced today at ten o’clock.