Federal administrative court overturns ban on compact
Since mid-July, the far-right magazine "Compact" has been banned. The editorial team is challenging the decision by Federal Interior Minister Nancy Faeser and has now achieved a partial victory.
The Federal Administrative Court has provisionally suspended the ban on the far-right "Compact" magazine in an expedited procedure. The court announced this in Leipzig. This means that the magazine can be published again under certain conditions pending a final decision in the main proceedings. The court raised doubts about the proportionality of the ban.
Federal Interior Minister Nancy Faeser had banned "Compact" on July 16, stating that the magazine was a "central mouthpiece of the far-right scene". The ban, she said, showed that "we are also taking action against the intellectual arsonists who are fostering a climate of hate and violence against refugees and migrants and want to undermine our democratic state".
"Compact" had filed a lawsuit and an urgent application against the immediate enforceability of the ban. The Federal Administrative Court is responsible in the first and last instance for appeals against association bans. The court has now ruled on the expedited procedure.
In this procedure, the court examines the prospects of success of the lawsuit in a summary manner. These appear open, the Federal Administrative Court announced. It cannot currently be finally assessed whether the magazine fulfills the ban criterion of directing itself against the constitutional order.
"Indications of violation of human dignity"
While there are indications in the publications, in particular of a violation of human dignity, many articles also reveal a combative-aggressive attitude towards fundamental constitutional principles. However, there are doubts as to whether this is so dominant that the ban on "Compact" is justified in terms of proportionality.
In late July, activists had posted contents of the banned magazine on the internet. The editors Anselm Lenz and Hendrik Sodenkamp announced at the sidelines of an AfD event in Brandenburg's Falkensee that the August issue would be fully accessible under a different title. The former "Compact" editor-in-chief Elsaesser said he was not involved in the publication but welcomed it.
The partial victory by the "Compact" editorial team raises questions about the justification of banning a right-wing extremist publication based on its proportionality. Despite indications of violations of human dignity in its content, the magazine alternates between combative-aggressive attitudes and upholding fundamental constitutional principles.
The ban on "Compact" as a central mouthpiece of right-wing extremism has been challenged due to concerns about its proportionality, as it appears that not all of the magazine's content directly challenges the constitutional order.
