The prohibition on political parties in Germany. The new criterion of potentiality and the recent constitutional reform for not funding anti-democratic but constitutional formations

Abstract

Abstract: 2017 witnessed important events in relation to the phenomenon of the right-wing ideology in Germany. First, in January, the Federal Constitutional Court ruled against the prohibition of the NPD, despite recognizing the anti-democratic nature of its objectives; then, in July, a constitutional reform came into effect to exclude from the state funding those political formations that, contravening the democratic order, are not prohibited as they lack the necessary potential to achieve their objectives. To conclude, September ended with the holding of federal elections and the entry of the AfD into the Bundestag, as the country’s third largest force. In light of all this, the present work is committed to the analysis of the main legal implications derived from these events, this with the aim to offer the reader an updated view on the legal control applicable to the ideology of political parties in Germany.

Keywords

• alemania
• partidos políticos
• prohibición
• reforma constitucional
• no financiación
• germany
• political parties
• prohibition
• constitucional reform
• non financiation.