On account of their outstanding significance for the democratic basic order, political parties with registered seat in the Federal Republic of Germany may be banned only by the Federal Constitutional Court.
A party ban presupposes that the party pursues anti-constitutional goals and at least is in a position to achieve these goals. The Bundestag, the Bundesrat or the Federal Government may call for a party ban, while a Land government may call for a ban of a political party whose organisational extent is limited to that Land’s territory.
The electoral bodies do not check during the election procedure whether political parties are unconstitutional. They are bound in this respect by the decisions of the Federal Constitutional Court.
Article 21 paragraph 2 of the Basic Law (GG)
Section 13 no. 2, Sections 43 to 47 of the Federal Constitutional Court Act (BVerfGG)
Last update: 27 January 2017