“Compact” Resolution: Chapter 5 is effective and Faeser has suffered a temporary defeat

2024-08-14 17:13:30

A real “victory”, as “Compact” founder Jürgen Elsässer announced on Wednesday, is this Decision of the Federal Administrative CourtStrictly speaking, it is not possible to suspend an immediate restriction in a section against “Compact”. Instead, the decision was mainly a temporary defeat for Interior Minister Nancy Faeser (SPD) and at the same time a serious commitment to freedom of the press.

From a legal perspective, the decision is not a victory because the emergency application was initially approved, which was intended to stop the immediate implementation of the ban ordered by the Federal Ministry of the Interior. The newspaper, which Faeser has described as “the central mouthpiece of the right-wing mass”, can therefore continue to appear for now.

But only the first proceedings will determine whether access by the Ministry of the Interior is permissible or not. Therefore the decision should not be confused with the issuance of the democratic release certificate. The “Compact” Court did not issue this.

But because the immediate implementation of the union ban, which began in mid-July, also caused an immediate suspension of all account activities, the judges decided the suspension. Important to this is the preservation of freedom of expression and freedom of the press contained in Article 5 of the Basic Law.

The Federal Administrative Court did not question the legality of the regulation of the Ministry of the Interior of the use of the ban by association law. But he put weight at the center of his decision.

The Faeser Company has not provided any evidence that the “Compact” magazine justifies the delay or disagrees with the court on this. After all, the Federal Agency for National Defense has classified the magazine as “an attempt” from the end of 2021.

Hurry up

The judges in Leipzig now found “evidence, in particular, of a violation of human dignity”. They investigate “belligerent, aggressive behavior towards elementary constitutional principles”.

But they are still skeptical because “large parts” of the newspaper’s offerings are not objectionable from the point of view of freedom of speech and freedom of the press. “Milder means” such as restrictions on events should be “considered”.

Anyone who has looked at some of the things in “Compact” may have to live hard at this price. Nevertheless, it is right that freedom of speech and freedom of the press are protected until a ban can be justified.

It will be the duty and responsibility of the minister and his legal advisors not to make a room to send a message only. At least that’s the idea we created.

Therefore, it is possible that the proceedings, which will take longer, will produce enough evidence to allow the “Compact” to be banned and thus suspended. But until then, Elsässer and his soldiers will celebrate this decision (and mock Faeser and his ministry) – and the Federal Ministry of the Interior should not give the “Compliance” makers this satisfaction.