1 / 19

Outlawing of Political Parties

Outlawing of Political Parties. Kathryn Murphy Simon Sträter Martino Sechi Lucia Hortelano Michela Guicciardi. Introduction. European Framework Case studies & Perspectives Conclusions. Some History.

hedley-boone
Download Presentation

Outlawing of Political Parties

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Outlawing of Political Parties Kathryn Murphy Simon Sträter Martino Sechi Lucia Hortelano Michela Guicciardi

  2. Introduction • European Framework • Case studies & Perspectives • Conclusions

  3. Some History.. • Prevent the arise of right-wing extremist parties due to the remembrance of the WWII • They entail all the rights recognized by many modern constitutions and international treaties; at the EU level by ECHR and European Charter • Extremist parties are mainly voted during economic downturns even if they don’t reach significant percentages (s.a Golden Dawn, Greece) • Countries that already experienced totalitarian regimes are less likely to vote them (fear of the known)

  4. European Framework Articles 10 and 11 of the Convention: “2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others…”.

  5. ITALY The main parties that might be outlawed are those inspired by fascism (e.g. Casa Pound, ForzaNuova, etc.). Amongst them, the most controversial one is Fascismo e Libertà. Are they inconsistent with the Italian constitution, especially with the TRANSITIONAL AND FINAL PROVISIONS XII? Another party that raises disputes about its legality is the Northern League (Lega Nord). Its statute says: “The political movement called Northern League […] pursues the goal to obtain the independence of Padania […] and its international recognition as an independent and sovereign Federal Republic”. Art. 5 Cost.: The Republic is one and indivisible. […]

  6. Italian Constitution Art. 5 The Republic is one and indivisible. […] Art. 18 Citizens have the right to form associations freely and without authorization for those ends that are not forbidden by criminal law. Secret associations and associations that, even indirectly, pursue political aims by means of organizations having a military character shall be forbidden. Art. 21 Anyone has the right to freely express their thoughts in speech, writing, or any other form of communication. […] Art. 49 Any citizen has the right to freely establish parties to contribute to determining national policies through democratic processes. XII TRANSITIONAL AND FINAL PROVISIONS It shall be forbidden to reorganize, under any form whatsoever, the dissolved Fascist party. […] Law 645/1952 (leggeScelba) Law 205/1993 (leggeMancino)

  7. . Council of State 11 of may 2013, n.2573: The Election Office, regarding the admission of the individual lists to the consultation, must ensure compliance with the constitutional provisions. In Italy, political parties operate asnon-recognisedassociationsArt. 18 Cost. Citizens have the right to form associations freely and without authorization for those ends that are not forbidden by criminal law.Law 645/1952 (leggeScelba): definition of “reorganisation of the dissolved Fascist party” and of the crime of apology of fascism.

  8. SPAINOn the Spanish Constitution Article 6 [Political Parties] Political parties express democratic pluralism, assist in the formulation and manifestation of the popular will, and are a basic instrument for political participation. Their creation and the exercise of their activity are free within the observance of the Constitution and the laws. Their internal structure and operation must be democratic. Article 22 [Association] (1) The right to association is recognized. (2) Associations which pursue purposes or use methods which are classified as crimes, are illegal. (3) Associations constituted under the provisions of this article must register for purposes of public information only. (4) Associations may only be dissolved or their activities suspended by virtue of a motivated judicial order. (5) Secret and paramilitary associations are prohibited.»

  9. España 2000 • España 2000isa far-right social patriotpolitical party in Spain. At presentthey are withoutparliamentaryrepresentation.The FrenchFront National assistedand supported the party at itsnationalcongress.

  10. What does the law say? • “Democratic criminal law” is a law of "facts" and not "the enemy or potential risk or danger to society”. Clear limit is "the exercise of violence” which would violate the frontiers of democracy.

  11. Germany: National Democratic Party (NPD) • A far-right political party: • Blacks cannot become German citizens • Fears of „over-foreignization“ • Withdrawl from the European Union & NATO • Death penalty for sexual offenders and drug dealers • Historians and political scientists see references to the NSDAP, Hitlers former political party

  12. Whatdoes the lawsay? • Article 21 of the German Basic Law says: (2) Parties that, by reason of their aims or the behavior of their adherents, seek to undermine or abolish the free democratic basic order or to endanger the existence of the Federal Republic of Germany shall be unconstitutional. The Federal Constitutional Court shall rule on the question of unconstitutionality.

  13. Outlawing the NPD – a controversial move • First attempt to dissolve the NPD was collectively made by the German Bundestag, Bundesrat and the Federal Government in 2001 • Rejected by the German Federal Constituational Court in 2003: - Informants working for German police and intelligence had infiltrated the NPD all the way up to its leadership - Informants were receiving money from the state for delivering privileged information on the group’s activities - Since the state could have had an active hand in shaping the NPD's approach, the court said a ban could not be enforced.

  14. Outlawing the NPD – the second attempt • Terrorist attacks by the National Socialist Underground (NSU) lead to a second attempt to ban the NPD because of assumed connections to the NSU • This attempt was then made only by the Bundesrat in 2013 • The application is still examined by the Federal Constituational Court

  15. United Kingdom • Growingsupportforright-wingeuroscepticpoliticalparty UKIP • Catalystforrise of UKIP : immigrationfears; disenchantment with the EU; desiretoremoveBritainfrom the European Convention on Human Rights

  16. UKIP – a threat? • Acceptableright? • Seen tobeless extreme thanparties such as the BNP • Membership risingto 39.000; contrasttoConservativeParty decline

  17. European Parliamentelection 2014 • Far right parties triumph throughout Europe • UK: UKIP ‘wins European elections with ease’ • First time since 1906 a party other than the Labour Party and the Conservative Party has won the popular vote in a national election • UKIP wins 24 seats • Protest vote ?  UK general election 2015

  18. Conclusions • Right- wing parties so far claimed for independence and autonomy; • Racistcomponents; • Similarscheme of pastextremist parties • Recentlygrowth of consensus How much can they be considereda Real threat?

  19. Q & A ThankYou to JoinedUs!!!!!!!

More Related