Outlawing of Political Parties

Kathryn Murphy Simon SträterMartino Sechi

Lucia HortelanoMichela Guicciardi

European Framework

Case studies & Perspectives

Conclusions

Introduction

Prevent the arise of right-wing extremist parties

due to the remembrance of the WWII They entail all the rights recognized by many

modern constitutions and international treaties; at the EU level by ECHR and European Charter

Extremist parties are mainly voted during economic downturns even if they don’t reach significant percentages (s.a Golden Dawn, Greece)

Countries that already experienced totalitarian regimes are less likely to vote them (fear of the known)

Some History..

Articles 10 and 11 of the Convention:

“2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others…”.

European Framework

The main parties that might be outlawed are those inspired by

fascism (e.g. Casa Pound, Forza Nuova, etc.).

Amongst them, the most controversial one is Fascismo e Libertà.

Are they inconsistent with the Italian constitution, especially with the TRANSITIONAL AND FINAL PROVISIONS XII?

Another party that raises disputes about its legality is the Northern League (Lega Nord). Its statute says: “The political movement called Northern League […] pursues the goal to obtain the independence of Padania […] and its international recognition as an independent and sovereign Federal Republic”.

Art. 5 Cost.: The Republic is one and indivisible. […]

ITALY

Art. 5 The Republic is one and indivisible. […]

Art. 18Citizens have the right to form associations freely and without authorization

for those ends that are not forbidden by criminal law.Secret associations and associations that, even indirectly, pursue political

aims by means of organizations having a military character shall be forbidden.

Art. 21Anyone has the right to freely express their thoughts in speech, writing, or any

other form of communication. […]

Art. 49 Any citizen has the right to freely establish parties to contribute to

determining national policies through democratic processes.

XII TRANSITIONAL AND FINAL PROVISIONS It shall be forbidden to reorganize, under any form whatsoever, the dissolved

Fascist party. […]

Law 645/1952 (legge Scelba)Law 205/1993 (legge Mancino)

Italian Constitution

In Italy, political parties operate as non-recognised associations

Art. 18 Cost. Citizens have the right to form associations freely and without authorization

for those ends that are not forbidden by criminal law.

Law 645/1952 (legge Scelba): definition of “reorganisation of the dissolved Fascist party” and of the crime of apology of

fascism.

.

Council of State 11 of may 2013, n.2573: The Election Office, regarding the admission of the individual lists to the consultation, must ensure compliance with the constitutional provisions.

Article 6 [Political Parties] Political parties express democratic pluralism, assist in the formulation and manifestation of the popular will, and are a basic instrument for political participation. Their creation and the exercise of their activity are free within the observance of the Constitution and the laws. Their internal structure and operation must be democratic.

Article 22 [Association] (1) The right to association is recognized. (2) Associations which pursue purposes or use methods which are classified as crimes, are illegal. (3) Associations constituted under the provisions of this article must register for purposes of public information only. (4) Associations may only be dissolved or their activities suspended by virtue of a motivated judicial order. (5) Secret and paramilitary associations are prohibited.»

SPAIN

On the Spanish Constitution

España 2000

España 2000 is a far-right social patriot political party in Spain. At present they are without parliamentary representation.The French Front National assisted and supported the party at its national congress.

“Democratic criminal law” is a law of "facts"

and not "the enemy or potential risk or danger to society”. Clear limit is "the exercise of violence” which would violate the frontiers of democracy.

What does the law say?

A far-right political party:

- Blacks cannot become German citizens

- Fears of „over-foreignization“- Withdrawl from the European

Union & NATO- Death penalty for sexual

offenders and drug dealers

Historians and political scientists see references to the NSDAP, Hitlers former political party

Germany: National Democratic Party

(NPD)

Article 21 of the German Basic Law says:

(2) Parties that, by reason of their aims or the behavior of their adherents, seek to undermine or abolish the free democratic basic order or to endanger the existence of the Federal Republic of Germany shall be unconstitutional. The Federal Constitutional Court shall rule on the question of unconstitutionality.

What does the law say?

First attempt to dissolve the NPD was collectively made by the

German Bundestag, Bundesrat and the Federal Government in 2001

Rejected by the German Federal Constituational Court in 2003: - Informants working for German police and intelligence had infiltrated the NPD all the way up to its leadership- Informants were receiving money from the state for delivering privileged information on the group’s activities- Since the state could have had an active hand in shaping the NPD's approach, the court said a ban could not be enforced.

Outlawing the NPD – a controversial move

Terrorist attacks by the National Socialist

Underground (NSU) lead to a second attempt to ban the NPD because of assumed connections to the NSU

This attempt was then made only by the Bundesrat in 2013

The application is still examined by the Federal Constituational Court

Outlawing the NPD – the second attempt

Growing support for right-wing eurosceptic

political party UKIP Catalyst for rise of UKIP : immigration fears;

disenchantment with the EU; desire to remove Britain from the European Convention on Human Rights

United Kingdom

Acceptable right? Seen to be less extreme than parties such as

the BNP Membership rising to 39.000; contrast to

Conservative Party decline

UKIP – a threat?

Far right parties triumph throughout Europe UK: UKIP ‘wins European elections with ease’ First time since 1906 a party other than the

Labour Party and the Conservative Party has won the popular vote in a national election

UKIP wins 24 seats Protest vote ? UK general election 2015

European Parliament election 2014

Right- wing parties so far claimed for

independence and autonomy; Racist components; Similar scheme of past extremist parties Recently growth of consensus

How much can they be considered a Real threat?

Conclusions

Q & A

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