As of: January 20, 2024, 1:43 p.m
By: Bona Hyun
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The secret meeting of right-wing extremists raises the question of consequences for the participants.
But can legal means be used?
Berlin – The leaked secret plans at the recently revealed right-wing extremist meeting in Potsdam are a clear violation of the constitution, legal scholars say.
But will there be criminal consequences for the participants?
Experts are also not surprised by the plans being discussed.
Secret plans violate the constitution – these are probably “not new in themselves”
“These plans are not new in themselves - they have rarely been expressed so openly and illustrate the violent and expulsion fantasies of this part of the AfD,” said Dr.
Dierk Borstel at the Dortmund University of Applied Sciences at the request of the
Frankfurter Rundschau
from
IPPEN.MEDIA.
The plans for this event would involve the “deportation of several million people against their will.
This could only be carried out with massive force,” said Borstel, who sees the plans as a violation of human dignity.
The goals are “after all about calling for national hatred and civil war.”
Despite unconstitutional plans at the secret meeting, the participants (including AfD members) would not face any punishment.
© Oliver Berg/dpa
After secret meetings of right-wing extremists: Are there any criminal consequences?
Legal scholar Dr.
Prof. Volker Boehme-Neßler at the request of the
Frankfurter Rundschau
.
“The plans are clearly unconstitutional.
They violate human dignity (Article 1 of the Basic Law) and the principle of equal treatment.” Boehme-Neßler still cannot imagine any criminal consequences for the participants.
“In the free democracy of our Basic Law, one can also express unconstitutional opinions without making oneself liable to prosecution.
The constitution sees freedom of expression as a valuable asset,” said the expert, who specializes in constitutional law.
In general, it is permitted to have unconstitutional opinions and to develop plans that are incompatible with the Basic Law.
Meetings like those that took place according to
Correctiv
are also covered by fundamental rights.
“However, it would be different if this meeting had been about concrete conspiracies and coup plans.
Then the limit of fundamental rights would be exceeded and criminal law intervenes,” said Boehme-Neßler.
After secret meetings of right-wing extremists: calls for the AfD party ban are becoming louder
The AfD is trying to downplay the recent scandal surrounding the Potsdam meeting.
“The party argues that it was not an event organized by them.
Only members took part as private individuals and a party cannot be held criminally responsible for this,” said Borstel.
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Against the background of the secret plans, there were calls for a ban on the AfD.
But can such a procedure now be initiated?
According to Boehme-Neßler, such a secret meeting is certainly not enough evidence for a party ban.
“To do this, you have to look at the behavior of the entire party leadership and members over a longer period of time,” said Boehme-Neßler.
He also advocates politically combating unconstitutional content through free party competition.
Discussion about AfD party ban: “It would rather strengthen the AfD”
Borstel also believes it would be a wiser decision not to combat the AfD by banning any party.
“In the short term, it would strengthen the AfD in its victim myth and would also come too late for the upcoming elections.
The only thing that can help is a significantly improved policy from the democratic parties,” said Borstel.
But the legal hurdles are high.
The Basic Law therefore also accepts parties that represent unconstitutional content.
“A party ban only comes into question when a party actively combats and aggressively begins to impair or eliminate the free democratic basic order,” said Boehme-Neßler.
Borstel sees the criteria for a party ban being met at least for several state associations.
Dissatisfaction with the AfD is growing – protests after secret meetings
A wave of protests broke out across the country after the secret meeting became known, in which AfD members also took part.
The meeting is the reason why tens of thousands of people have been taking to the streets in various cities for days.
According to police, around 6,700 demonstrators took part in a protest march in Essen on Monday evening (January 15th).
The police in Leipzig initially estimated the number of participants at around 6,000 to 7,000.
In Cologne on Tuesday (January 16th) 30,000 people took to the streets.
Further demonstrations are planned for the coming days.
(bohy)