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NPD politician fails with constitutional complaint against exclusion from sports club

2023-02-28T09:58:37.256Z


An NPD official becomes a member of a sports club in Schleswig-Holstein, and the club changes its statutes to get rid of him. The politician feels discriminated against and complains in Karlsruhe.


Enlarge image

The Federal Constitutional Court in Karlsruhe

Photo: Uli Deck / dpa

Does it count as discrimination if a sports club explicitly excludes members of extremist organizations in its statutes?

A politician from the right-wing extremist NPD was of the opinion "yes" - but has now failed with a constitutional complaint against his exclusion from the sports club in Schleswig-Holstein.

The Federal Constitutional Court in Karlsruhe did not accept the complaint of the Hamburg NPD state chairman Lennart Schwarzbach for decision, as announced on Tuesday.

The club's actions are not objectionable.

(Az. 1 BvR 187/21)

This had tried several times unsuccessfully to expel the politician who had entered the football department.

In 2018, the association then added a new rule to its statutes, according to which members of extremist organizations could not be members of the association.

The NPD was explicitly mentioned as an example, Schwarzbach was excluded in 2019.

He sued against it in Schleswig-Holstein, but was unsuccessful.

The Higher Regional Court in Schleswig saw no violation of the prohibition on discrimination.

He appealed the verdict to the Federal Constitutional Court.

Not objectionable in view of the Basic Law

However, this now classified his constitutional complaint as inadmissible.

In principle, an association has the right to decide on the admission and exclusion of members, it explained.

If the statute opposes extremist and racist efforts, there is no objection to the Basic Law.

The judgment of the Higher Regional Court is compatible with fundamental rights.

It weighed up the freedom of association and the interest in not being excluded because of a political opinion.

In its decision, it also included Schwarzbach's active political work as head of state, the Federal Constitutional Court further explained.

mrc/AFP

Source: spiegel

All news articles on 2023-02-28

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