Kathryn Murphy
Simon Sträter
Martino Sechi
Lucia Hortelano
Michela Guicciardi
Introduction

 European Framework
 Case studies & Perspectives
 Conclusions
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)
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…”.
ITALY

The main parties that might be outlawed are those inspired by
fascism (e.g. Casa Pound, Forza Nuova, 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. […]
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 (legge Scelba)
Law 205/1993 (legge Mancino)
In Italy, political parties operate as
non-recognised associations
Art. 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 (legge Scelba): definition of
“reorganisation of the dissolved Fascist party” and
of the crime of apology of fascism.
.
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.
SPAIN
On 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.»
España 2000

 España 2000 is a farright social patriot
political party in Spain.
At present they are
without parliamentary
representation.The
French Front National
assisted and supported
the party at its national
congress.
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.
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
What does the law say?

 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.
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.
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
United Kingdom

 Growing support for right-wing eurosceptic political
party UKIP
 Catalyst for rise of UKIP : immigration fears;
disenchantment with the EU; desire to remove
Britain from the European Convention on Human
Rights
UKIP – a threat?

 Acceptable right?
 Seen to be less extreme than parties such as the BNP
 Membership rising to 39.000; contrast to
Conservative Party decline
European Parliament
election 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
Conclusions

 Right- wing parties so far claimed for independence
and autonomy;
 Racist components;
 Similar scheme of past extremist parties
 Recently growth of consensus
How much can they be considered a Real threat?
Thank You to Joined
Us!!!!!!!
Q&A