Banning a political party, as D66 MP Jan Paternotte called today, can be done easily enough. So says Hansko Broeksteeg, professor of constitutional law at Radboud University. “It’s happened once since WWII.”
According to Broeksteeg, a provision of the civil code gives the possibility to ban legal persons and therefore also political parties. “This is only possible if there are activities contrary to public order, such as disruption of the democratic constitutional state.”
Motoclubs and pedophiles
For these reasons, the CP86 political party was banned in 1998, Broeksteeg says. ‘According to the judge, the expressions of this party were blatantly racist and highly discriminatory. The party is banned on this basis.’ The same provision was used to ban a number of motorcycle clubs and also the pedophile association Martijn in 2014.
Incidentally, not all is happy, Broeksteeg says. “CP86 Continued as Center Democrats After Ban.” If a legal entity or political party continues to operate after such a ban, the Criminal Code will come into force.
First room
A bill is currently under consideration in the Senate. Based on that proposal, a minister can administratively decide to ban, instead of a judge. This prohibition only applies to legal entities, but not to political parties. Broeksteeg suspects that MP D66 Paternotte wants to change the latter, in order to be able to ban political parties as well. “And I think he’s referring to a political party that he says contributes to the destruction of the democratic constitutional state.”
Source: BNR
Fernando Dowling is an author and political journalist who writes for 24 News Globe. He has a deep understanding of the political landscape and a passion for analyzing the latest political trends and news.
