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Nationaldemokratische Partei Deutschland (NPD) v. Ramelow

Case Law

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Country Location

Latitude: 51.168768345617636

Longitude: 10.094236493110516

Case Outcome (Procedural)

Keywords

Case Summary: The Constitutional Court of the State of Thuringia, Germany, held that the Thuringian prime minister had an obligation to remain neutral regarding other political parties on the official Facebook and Twitter pages of the Thuringian state. The Thuringian prime minister, Bodo Ramelow, shared a link, on the official Facebook and Twitter pages of the state chancellery of Thuringia, to an interview in which he appealed to all democratic parties to never support requests from the far-right party Nationaldemokratische Partei Deutschland (NPD). The Court stressed that by using those official websites, Ramelow was acting in his official functions as prime minister and had an obligation to remain neutral. His statements disregarded this obligation and violated the NPD’s right to the equal treatment of all political parties under Art. 21 para 1 sent 1 of the Basic Law (Grundgesetz).

Case Significance: At first glance, the decision declares a political statement unlawful and, thus, restricts freedom of expression. However, the Court also protects the public debate from abuse of (discursive) power by government officials, emphasizing the strict obligation of governments when it comes to party neutrality. This obligation of neutrality does not lead to a general silencing of politicians who are part of the government, it only stops or deters them from using government resources in certain contexts. In their capacity as party politicians, they are still free to participate in the public debate and (sharply) criticize political opponents.

This case did not set a binding or persuasive precedent either within or outside its jurisdiction. The significance of this case is undetermined at this point in time.

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