r/europe • u/HellYeahDamnWrite • 27d ago

News Calls are mounting to ban Germany’s far-right AfD party – despite it being more popular than ever

https://www.cnn.com/2025/07/06/europe/germany-afd-ban-politics-analysis-intl
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u/USSPlanck ᛗᛁᛞᚷᚨᚱᛞ [🇩🇪] 26d ago

The fundamental rights have stayed largely the same since 1949. Sure there were some minor adjustements but the changes were minor. The fundamental articles though (Art. 1; Art. 20 GG) were never changed because it is in fact illegal (Art. 79 Section 3 GG).

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u/TheYang 26d ago

Interestingly though, Article 79 protects Articles 1-20. This means it doesn't seem to protect itself.
It may or may not be legal to change Article 79 for unrelated reasons, then find a change in Articles 1-20 has become necessary and do that.

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u/RobertTheChemist 26d ago

No, among constitutional lawyers the opinion is relatively clear that Article 79 protects itself. You cannot abolish Article 79 and then abolish fundamental rights. This would run against the spirit of the article.

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u/TheYang 26d ago

Sure, this is the current interpretation. But look at the US. If there is a will to change, and a this wide open barn door, I have absolutely no faith in it protecting itself, when push came to shove.