The court in Leipzig announced this on Wednesday. A final decision will be made in the main proceedings. The German Interior Minister Nancy Faeser banned “Compact” in mid-July. She justified this by saying that the magazine was a “central mouthpiece of the right-wing extremist scene”.
Read more: Germany’s Interior Minister bans “Compact” magazine
“Compact” had filed a lawsuit and an urgent application against the immediate enforcement of the ban. The Federal Administrative Court is the first and last instance for lawsuits against bans on associations. The court has now decided on the urgent proceedings.
Prospects for success open
The court is examining the chances of success of the lawsuit “summarized.” The Federal Administrative Court said that these appear to be open. It is currently not possible to make a final assessment as to whether the magazine meets the grounds for a ban – that it is directed against the constitutional order.
The publications do indeed contain “indications of a violation of human dignity”. Many of the articles also reveal “a combative and aggressive attitude towards elementary constitutional principles”. However, there are doubts as to whether all of this is so significant that the “Compact” ban is justified in terms of proportionality.
The magazine has not been allowed to appear since the ban. Websites have been blocked. During searches in several federal states, data storage devices and copies of the magazine were confiscated. “Compact” editor-in-chief Jürgen Elsässer spoke at the time of an outrageous infringement on press freedom.
Editor-in-chief responded to X
Elsässer greeted the temporary suspension of the ban with jubilation on Platform X. “VICTORY!!!!! The court has lifted the COMPACT ban in expedited proceedings. A decision will only be made in the main proceedings, and we will win that too. The main thing is that it takes at least two years. UNTIL THEN WE CAN KEEP GOING!” he wrote on Wednesday.
The Interior Ministry, however, stressed that it was sticking to its legal opinion. “The Federal Ministry of the Interior has comprehensively justified the anti-constitutional, aggressive and combative actions of ‘Compact-Magazin GmbH’ in the ban order and has supported this with comprehensive evidence from the security authorities,” a spokeswoman for the ministry said after the court’s decision was published. It will continue to comprehensively explain its legal opinion for the ban in the main proceedings and “further substantiate the defining character of the anti-constitutional nature.”
The evidence secured during the searches ordered by the judge will also continue to be included in the proceedings and is currently being evaluated by the ministry. The association has close ties to the right-wing extremist Identitarian Movement and the right-wing extremist party spectrum, said the spokeswoman. This is shown, among other things, by the mutual participation in and support of events.
Kubicki sharply attacked Faeser
Because of the ban, which has now been temporarily suspended, Bundestag Vice President Wolfgang Kubicki (FDP) sharply attacked Interior Minister Faeser (SPD). She had “stepped onto extremely thin legal ice and collapsed,” Kubicki told the “Tagesspiegel” on Wednesday. “If she also fails in the main proceedings, that’s it,” Kubicki continued. He also commented on the decision on X with the words: “Ms. Faeser should now look within herself and consider whether she wants to continue campaigning for the (right-wing populist opposition party) AfD.”
The FDP politician had already expressed criticism of the measure shortly after the ban was lifted. If the ban were to be lifted, Faeser’s resignation would be “inevitable,” he told the “Tagesspiegel” newspaper at the time.
AfD co-leader and parliamentary group leader Alice Weidel called for Faeser to resign immediately on Wednesday. “The Federal Administrative Court has broken a lance for press freedom and dealt the Federal Minister of the Interior a huge slap in the face. Nancy Faeser’s resignation is now overdue,” she wrote on X.
The Left Party saw the Federal Administrative Court’s decision as “proof of a functioning constitutional state,” as the group’s domestic policy spokeswoman in the Bundestag, Martina Renner, told the newspaper.
The German Journalists’ Association (DJV) sees the decision as a clear commitment to the fundamental right of freedom of the press. “This makes it clear that the ‘Compact’ ban was a political hasty decision that backfired today,” said DJV Federal Chairman Mika Beuster. “It may be a long time before a court decision is made on the main issue.” Faeser must wage her justified fight against right-wing extremism while respecting the basic rights enshrined in law. Otherwise the political damage would be immense.
“Take action against intellectual arsonists”
Faeser justified the ban at the time with the following words: “This magazine incites hatred in an unspeakable way against Jews, against people with a migration history and against our parliamentary democracy.” The ban shows “that we are also taking action against the intellectual arsonists who are stirring up a climate of hatred and violence against refugees and migrants and who want to overcome our democratic state.”
As early as 2022, the German Federal Office for the Protection of the Constitution ruled that the magazine “as a multimedia company brings anti-democratic and anti-human dignity positions into society”. The magazine’s leading figures maintain contacts with important actors of the so-called New Right.
This article was last updated on August 14 at 5:25 p.m.
