The Berlin Administrative Court dismisses the SGP’s action against the Office for the Protection of the Constitution

On Thursday, the Berlin Administrative Court dismissed the action brought by the Socialist Equality Party (SGP) against the Federal Ministry of the Interior and sentenced the party to bear the full legal costs. The SGP sued the ministry on January 24, 2019 because it had listed the party as “left-wing extremist” in its annual report on the protection of the constitution since 2017 and had it monitored by the secret service.

The ruling against which the SGP will appeal has far-reaching consequences. It ties in with the tradition of National Socialist ideological justice and Bismarck’s socialist laws and opens the door for the surveillance and suppression of all opposition to capitalism and arbitrary state decisions.

Judge Wilfried Peters (left) before the start of the trial (picture WSWS)

The court unreservedly supported the protection of the constitution, a democratically illegitimate institution with close links to the radical right-wing scene. The presiding judge Wilfried Peters, who is also the vice-president of the court, and the representatives of the interior ministry, lawyer Professor Dr. Wolfgang Roth and Ministerialrat Reinfeld worked together like a well-rehearsed team during the process.

In its response to the SGP’s complaint, written by Roth, the Ministry of the Interior had already declared the “fighting for an egalitarian, democratic and socialist society”, criticism of militarism and nationalism and rejection of the European Union to be unconstitutional. The court went even further and also declared any criticism of the state to be inadmissible. There are “significant points in the SGP’s program that give reason to assume that the plaintiff wants a different state and a different legal system,” said Judge Peters in his preliminary oral judgment.



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