faq
In the discussion about how to deal with the AfD, Green Party co-chair Nouripour called for the AfD youth organization “Junge Alternative” to be banned. How does a ban work? An overview.
Would a ban be different than with the AfD?
Yes, because the AfD’s youth organization, the “Junge Alternative” (JA), is an association according to its statutes. Different rules apply to a club ban than to a party ban. Such a ban could be much quicker and easier than banning the AfD. Legally, however, this is not entirely uncontroversial.
When can you ban a club?
Article 9 of the Basic Law contains the so-called freedom of association. After that, you can join forces with other people for a longer period of time for a common purpose, i.e. found clubs or become members of a club. You can freely choose the purpose of the association, as well as the name and legal form of the association.
The limits of this fundamental right are set out in paragraph 2: “Associations whose purposes or whose activities run counter to criminal law or which are directed against the constitutional order or against the idea of international understanding are prohibited.”
The Basic Law states that such associations “are” prohibited. However, the Association Act specifies that an association may only be treated as prohibited if the responsible prohibition authority has determined that the requirements are met.
Who is for them? Ban decision responsible?
The Federal Ministry of the Interior is responsible for banning an association if the organization or activities of the association extend beyond a federal state. Federal Interior Minister Nancy Faeser must therefore decide on a ban. If it considers the requirements to be met, it can issue the ban through an administrative act.
In contrast to banning a party, the process is much simpler. A party can only be banned by the Federal Constitutional Court. And: The court does not carry out this review on its own initiative, but only when the federal government, Bundestag or Bundesrat submit an application in Karlsruhe. A ban on a club can of course also be legally reviewed, but only afterwards.
Are the requirements given?
A ban on the “Junge Alternative” would be an effective blow by the rule of law against extremist structures, said Federal Chairman of the Green Party Omid Nouripour. Associations like the “Junge Alternative” openly worked against democracy and should therefore be banned.
The Federal Office for the Protection of the Constitution classifies “Young Alternative” as a so-called suspected case and monitors it. A lawsuit against this before the Cologne Administrative Court failed in March 2022. Among other things, the court stated: In the correctional institution, an ethnically understood concept of the people is a central policy goal. According to this, the German people must be preserved in their ethnic structure and “foreigners” should be excluded as far as possible. The Münster Higher Administrative Court will hear the appeal in this case on March 12 and 13, 2024.
In April 2023, the Federal Office for the Protection of the Constitution even classified the “Junge Alternative” as definitely right-wing extremist. “The positions of the AfD’s youth organization, Junge Alternative, are not compatible with the Basic Law,” explained Federal Office for the Protection of the Constitution Thomas Haldenwang at the time. There is no longer any doubt that the JA is pursuing “anti-constitutional efforts”.
The AfD and JA also sued against this. The process is still ongoing. In view of this, the Federal Office for the Protection of the Constitution has temporarily withdrawn the classification of the JA as definitely right-wing extremist until the matter has been clarified.
What does that say? Federal Ministry of the Interior in addition?
Federal Interior Minister Nancy Faeser has not yet commented publicly on whether, in her opinion, the conditions for a ban exist. However, this is not unusual: in the past, club bans were usually only communicated to the public by the ministry after the fact and were not discussed beforehand.
It is quite possible that the minister wants to wait for the legal proceedings regarding the classification of the “Junge Alternative” by the Office for the Protection of the Constitution. In any case, an extensive list of materials for the JA’s goals is already available.
How can clubs defend themselves against a ban?
The ban on associations is a so-called administrative act, which can initially be defended against in the administrative courts. The Federal Administrative Court in Leipzig is always responsible for bans on associations by the Federal Ministry of the Interior. The highest German administrative court is examining in the first and last instance whether the association could actually be banned.
If an inspection is carried out, the Federal Ministry of the Interior must provide appropriate evidence, i.e. prove that the association’s purposes or activities run counter to criminal law or are directed against the constitutional order or the idea of international understanding. A ban cannot be done in the dark, but requires clear evidence.
If the Federal Administrative Court confirms the association ban, it is still possible to move to Karlsruhe to the Federal Constitutional Court. With the argument that the fundamental right to freedom of association was violated.
Should the rules banning parties also apply here?
This is at least being discussed among lawyers. Are party youth organizations actually independent organizations that can be banned from associations? Or are they part of the party with the result that they can only be banned by banning them from the party? Then the Federal Ministry of the Interior would not have the authority to ban the JA. The rules outlined in the Association Act would not apply.
Since there has not yet been a comparable case, there is no case law from the Federal Constitutional Court. If the Federal Minister of the Interior were to ban the “Junge Alternative”, one can assume that the question would ultimately be clarified in Karlsruhe.
What effects does a ban on associations have?
The ban is usually accompanied by searches at the club – also to confiscate the club’s assets. The ban also applies to sub-organizations of the association.
License plates and symbols, coats of arms, pennants, flags and clothing are also affected by the ban. And members are prohibited from setting up so-called replacement organizations.