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Paragraph 117
 

In light of the view that the banning of a political party is an exceptional measure only legitimate if the existence of this party really threatens the democratic order of a country, the German Constitutional Court pronounced an interesting judgement, recently. It held that in order to prohibit a political party, it is not sufficient that its aims are directed against the free democratic basic order. Instead, the party must “seek” to undermine or abolish the free democratic basic order by active behaviour and systematic action that appears at least possible to be successful. (The use of force or creating an “atmosphere of fear” in regionally restricted areas indicate such a threat). In conclusion, the German Constitutional Court shares the view that the prohibition of a political party does not constitute a prohibition of merely views or ideology, but of threatening action (BVerfG, Judgment of the Second Senate of 17 January 2017 - 2 BvB 1/13).