This paper focuses on the role of the political establishment - referring to the government and its administration - in the repression of right-wing extremists in Germany. The constitution recognises the existence of a ‘free democratic basic order’ that has to be protected. Due to this historical legacy state institutions have been a major actor involved in the defence of the democratic order.
This work seeks to evaluate the effects of the implementation process of repressive policies against right-wing extremism on democracy. The institutions implementing those policies are the criminal police and the offices for the protection of the constitution.
My paper will be based on empirical findings collected during fieldwork in Germany in 2013.
I will argue that even though the German state has a well-developed constitutional framework to defend the free democratic basic order against extremism, democracy can paradoxically be harmed. Not because of the effects of the measures formulated but because of the way those measures are implemented by the German administration.
An important result is that the structural organisation of the state has an impact on the implementation of repressive policies against right-wing extremists: the law provides separation between the police and the intelligence service and the German state has a federal structure. The risk of fragmentation among German security authorities is high as 34 administrations implement this policy against extremism.
Another result is that intensive cooperation between authorities would be necessary to guarantee effective implementation of the policy. Internal and parliamentary controls that are provided for by German law should also be used as tools to avoid ineffective implementation of policies against right-wing extremism.
The paper ultimately shows that the gap between the legal framework and the administrative practices forestalls efficient implementation of state measures against right-wing extremism, which can as a result harm democracy.
