Safeguards for German democracy
In my review of Professor Peter Xuereb's latest book, Euro-Mediterranean Integration - the Mediterranean's European Challenge (The Sunday Times, May 18), I stated: "Perhaps safeguards along the lines of those embedded in the Federal German Constitution...
In my review of Professor Peter Xuereb's latest book, Euro-Mediterranean Integration - the Mediterranean's European Challenge (The Sunday Times, May 18), I stated: "Perhaps safeguards along the lines of those embedded in the Federal German Constitution might offer a satisfactory solution to the Turkish dilemma (of allowing total freedom to political parties while guaranteeing the permanence of its democratic institution)."
Germany, a leading founding member state of the European Union, has learnt lessons from its bitter past, when the National Socialists achieved power through democratic means and then proceeded to establish a dictatorship.
Many of your readers will surely be interested to know the precise terms in which these safeguards are spelt out. It is laid down in Article 9 (Freedom of Association) of the Constitution of the Federal Republic of Germany, the Grundgesetz (Basic Law):
" (1) All Germans shall have the right to form associations, partnerships and corporations.
"(2) Associations, the purpose or activities of which conflict with criminal statutes or which are directed against the constitutional order or the concept of international understanding, shall be prohibited."
Again, one reads in Article 21 (Political Parties):
"(1) The political parties shall participate in the forming of the political will of the people. They may be freely established. Their internal organisation shall conform to democratic principles. They shall publicly account for the sources and use of their funds and assets.
"(2) Parties, which by reason of their aims or the behaviour of their adherents, seek to impair 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 decide on the question of unconstitutionality."