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We are in a private community and we are discussing.

So the question is :

Does the Nazism party exist and is legal in the German parliament?

We assume that This party is the same as the Hitler party but without the sign of the Nazi swastika flag,and exist in German parlemant.

Thanks.

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    Which part of the obvious answer "no", is not clear to you, after reading the basic explanations en.wikipedia.org/wiki/Nazi_Party#Defeat_and_abolition or de.wikipedia.org/wiki/…?
    – nvoigt
    Dec 4, 2022 at 8:35
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    This is not a private community and not a discussing forum.
    – Mark Johnson
    Dec 4, 2022 at 17:31
  • @MarkJohnson, if this is a genuine first-time poster and not a troll, the comment should be less hostile. I realize that there are plenty of trolls on this topic ...
    – o.m.
    Dec 5, 2022 at 5:55
  • If possible, I like to know why this question is closed. The laws of the German government should be clear and why the question about the laws of the German parliament should be illegal and closed. It seems that those who banned and closed this question were pro-Nazis, I'm not saying that. If stay closed, I can take this question to the meta and ask the question in Meta about the reasons for closing.
    – Soheil Paper
    Dec 5, 2022 at 11:58

2 Answers 2

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Parties in Germany can be banned if, according to the behaviour of the party of their supporters, the party aims to undermine the free, democratic, constitutional order or the existence of the state. Finding that this is the case requires a judgement of the Federal supreme court (Art. 21 GG).

  • In the past, the Communist Party of Germany has been banned. Their members reorganized as the German Communist Party, taking care to keep certain objectionable sentences out of their manifesto. The German Communist Party was not banned, but their active members were removed from civil service positions. After the fall of Communism, information came to light that might, in hindsight, have justified a ban of the DKP.
  • Two attempts were made to ban the National Democratic Party of Germany, which would meet the example you ask for. The first attempt was rejected by the supreme court because there were so many police informers in the party leadership that it smacked of entrapment. The informers were removed, and the second attempt was partially rejected by the supreme court because the party was found so insignificant by that time that banning it would be disproportional.
  • Finally, there was the Socialist Imperial Party, which was more Reich than socialist. It was banned 70 years ago for being too close to Nazi ideology.

A party as you describe it would, objectively, meet the conditions above. All that leaves is to prove it to the satisfaction of the court. The case law from the second NPD case adds another condition, political significance.

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Does the Nazism party exist and is legal in the German parliament?

No.

The Nazi party was found to be a criminal organisation and abolished in the Nuremberg Trials of 1946.

Trying to refound/reform a criminal organisation is illegal in itself.

https://en.wikipedia.org/wiki/Nazi_Party#Defeat_and_abolition

https://de.wikipedia.org/wiki/Nationalsozialistische_Deutsche_Arbeiterpartei#Parteiverbot_1945

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  • Actually, it was the Control Counsel Law No. 2 of the 10th of October 1945: Termination and Liquidation of the Nazi Organizations. The Party and any associations were included Article 1.
    – Mark Johnson
    Dec 4, 2022 at 17:43

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