Incompatibility Decision

from Wikipedia, the free encyclopedia
This article or paragraph presents the situation in Germany . Help us to describe the situation in other countries.

Resolutions of incompatible agreements are regulations of parties , clubs and associations, according to which the simultaneous membership in this organization is incompatible with membership in another, named organization and constitutes an obstacle to admission or a reason for exclusion.

Examples

SPD against CDU-affiliated organizations

With regard to simultaneous membership in the SPD and the Association of Victims of the Nazi Regime (BVN), an incompatibility resolution was issued on May 9, 1953 at the suggestion of the SPD party executive.

SPD against radical left organizations

As early as 1925, the SPD decided the incompatibility with membership in radical left organizations, such as the International Youth Association (IJB) and the Red Aid . In 1948 the SPD declared simultaneous membership in the VVN and in 1961 in the SDS as incompatible with membership in the SPD. In 2010 the party executive of the SPD lifted the incompatibility resolution for membership in the VVN.

SPD against student associations

Catholic Church against the NSDAP

Before the seizure of power , the Catholic Church distanced itself from National Socialism . The Mainz Vicar General Philipp Jakob Mayer stated in 1930:

“Because of point 24 of its program , the National Socialist German Workers' Party founded by Hitler is one of the associations forbidden by the Church [...]. It follows from this, 1. that a Catholic cannot be allowed to become a registered member of the Hitler party, and 2. that a corporate participation of this party in Catholic services and funerals must not be allowed. "

Thus National Socialists were effectively excluded from the Church by the Mainz Ordinariate. This "Mainz position" was then heavily discussed within the church. In 1932, all dioceses in the German Reich felt compelled to declare membership of the NSDAP “incompatible with the Christian faith”.

After Hitler had expressed himself church-friendly several times and in his government declaration on March 23, 1933, described the two large Christian churches as “the most important factors for the preservation of our nationality ”, the Catholic Church put its “rally of the German bishops” on March 28, 1933 into perspective Previous criticism against the background of not endangering upcoming negotiations on a Reich Concordat, which was actually closed on July 20, 1933.

Party of humanists against left and right extremists

The small party Humanist Party has an unusually long and detailed list of incompatibilities. Among other things, the right-wing groups AfD , JA , PEGIDA , so-called Reichsbürger and, on the left, Die Linke , Attac , Antifa , Occupy movements are on this list. But religious groups such as Jehovah's Witnesses , Opus Dei , or Salafists can also be excluded from joining the party. According to their own statements, this should cause problems with extremists such as B. the Pirate Party had, prevent.

Legal issues (German law)

Due to the freedom of contract, associations have autonomous freedom of choice in accordance with their statutes as to whom to accept as a member. However, according to §§ 19 and 20 GWB and § 826 BGB, there may be compulsory membership for associations that have a monopoly position or a dominant position of power in the economic or social field and which are therefore of considerable importance for the individual for professional, economic or social reasons , or who would act immoral by refusing admission. For example, employees can force their admission into a union because of its overwhelming position of power if there are no factually justified reasons for their rejection (e.g. due to anti-union activity). The Federal Court of Justice has consistently ruled that they are subject to a general obligation to admit them and derives a limited right of exclusion from this. Associations can exclude members in the event of behavior that is harmful to the association. A judicial review of associations only takes place for arbitrariness and illegality. Association law is an autonomous law, so that the civil courts have jurisdiction.

According to the Political Parties Act, the parties are free to choose their members. Exclusion, on the other hand, is linked to strict requirements: a member can acc. Section 10 (4) of the Political Parties Act can only be excluded from the party if it intentionally violates the statutes or significantly violates the principles or regulations of the party and thus causes serious damage.

Statutes

A member who intentionally violates the statutes or significantly violates the principles or regulations of BÜNDNIS 90 / DIE GRÜNEN and thereby causes serious damage to the party can be excluded.
  • CDU statute § 11 Paragraph 1 and § 12:
(1) A member can only be excluded from the party if it intentionally violates the party's statutes or significantly violates its principles or regulations and thus causes serious damage.
Party-damaging in particular is who
  1. at the same time belongs to another party within the area of ​​activity of the CDU or another political group competing with the CDU or its parliamentary representative;
  2. in meetings of political opponents in whose radio broadcasts, television broadcasts or press organs take a position against the declared policy of the Union,
  3. is elected to a representative body as a candidate of the CDU and does not join or leave the CDU parliamentary group,
  4. publishes confidential party proceedings or reveals them to political opponents,
  5. Misappropriating assets owned or available to the party.
  • FDP statutes § 6 paragraph 2:
A member can only be excluded if it intentionally violates the statutes or seriously violates the principles or order of the party and thus causes serious damage. A violation within the meaning of sentence one occurs when a member denounces fellow citizens as opponents of a totalitarian regime before or during his membership in the party or has abused his social position to persecute others. A violation within the meaning of sentence one also exists in the event of a breach of judicial confidentiality, refusal to join or leave the parliamentary group of the party and failure to pay contributions. A violation within the meaning of sentence one also exists if a member does not properly fulfill the accounting obligation assigned to him, does not settle or deliver donations in accordance with the statutory or the provisions of the financial regulations or funds not used in accordance with the provisions and resolutions, thereby causing financial damage to the party of a not insignificant amount.
  • SPD organizational statute § 6:
(1) Incompatible with membership in the SPD is the
a) Simultaneous membership in another competing political party or electoral association,
b) Activity, candidacy or signature for another competing political party or electoral association,
c) candidacy against the nomination for a public office or mandate already decided by the relevant party division.
(2) The same applies to associations that act against the SPD. The party executive board determines the incompatibility. He can cancel the statement again. This determination also binds the arbitration committees.
(3) The procedure is based on Section 20 SchO.
  • The Left Federal Statute § 3 Paragraph 4:
(4) A member can only be expelled from an arbitration commission after conducting ordinary arbitration proceedings on the basis of the arbitration rules. The exclusion is only possible if the member intentionally violates the statutes or seriously violates the principles or regulations of the party and thereby causes serious damage.
  • IG Metall statutes § 11 paragraph 1 sentence 2:
The exclusion of members without investigation procedures can also take place if they belong to an opposing organization or if they participate in or support its anti-union activities.

Jurisprudence

Association issues are only subject to limited control by the state courts, which are limited to the examination of whether the imposed measure has a basis in the law or in the statutes, whether the statutory procedure has been observed, otherwise no statutory violations have occurred and whether the measure is not grossly unfair or arbitrary (see BGHZ 87, 337, 343 mwN).

The possibility of incompatibility resolutions in parties is regulated in Section 10 of the PartG and the party statutes. It is not for the state courts to rule on the interpretation of the statutes and the determinative party decisions. The assessment of whether a certain behavior means an intentional violation of the articles of association or a significant violation of the principles or order of the party and thus causes serious damage to the party is not to be examined by courts. Because political parties are neither monopoly associations nor associations with outstanding positions of power in the economic or social field that are subject to mandatory admission, no extended testing standards apply. (Federal Constitutional Court - 2 BvR 307/01)

In the case of trade unions, however, the following applies: There is a compulsory membership "if the club or association has a dominant position of power in the economic or social field and there is a serious interest of those willing to join in acquiring membership." (BGH October 12, 1984 - I ZR 91/84 - BGHZ 93, 51 = JuS 1985, 564). According to this, trade unions are fundamentally authorized to provide for the termination of membership in their statutes in order to protect their right to self-preservation if a member belongs to a group that is incompatible with the goals of the union, in particular to an opposing political party (BGH, Az .: II ZR 255 / 89). According to this, an incompatibility decision at trade unions can be justified in the following cases:

  • Membership in anti-union parties
It is entirely justifiable that the union finds actual indications in the programs of the “The Republicans” for a trivialization of National Socialism and also finds an overemphasis on the national and the exclusion of foreigners, which justify party membership as incompatible with membership in the Keep union. (LAG Düsseldorf September 22, 1994 - 8 O 486/93 - AuR 1995, m 382).
  • With membership in radical parties
According to a judgment of the LG Frankfurt / Main on November 18, 2003 , trade unions are generally allowed to exclude members of radical parties that have not yet been declared unconstitutional by the Federal Constitutional Court (here: MLPD), insofar as the party pursues unconstitutional goals. The right to party political activity from Article 21 of the Basic Law finds its limits in the right of the trade union to defend its internal order guaranteed by Article 9, Paragraph 3 of the Basic Law (AZ: 2-19 O 160/03)
  • Membership in anti-union organizations
  • Anyone who is standing in the works council election on a list that competes with a list supported by a union can be excluded from the union (Federal Constitutional Court, 1 BvR 123/93)

Known incompatibility resolution regulations

  • IG Metall : Since 1973 the IGM has declared certain parties and organizations to be "opposing organizations". Anyone who actively supports these organizations or is a member can be excluded from the IGM without any further procedure. In the 1970s, members of various Maoist K groups such as KPD / ML , KPD / AO or KBW were excluded from the IGM as well as from many other DGB unions . Many of those affected by these exclusions were re-admitted as union members from the late 1970s without formally lifting the incompatibility decisions. From the 1980s, there were isolated exclusions of members of the MLPD , the legality of the exclusion of MLPD members was confirmed by the BGH (Az .: II ZR 255/89). At the same time, there are incompatibility resolutions in all DGB unions against members of right-wing extremist parties such as the NPD and the DVU .
  • Trade, Banking and Insurance Union . The union committee decided: Members of the Communist League will be expelled in future.
  • SPD against members of the VVN (1948, repealed: 2010), active members of student associations (1954; repealed in the 1960s), Democratic Cultural Association of Germany (1960), the SDS (1961), Bund Free Germany (1974), International Conference of Workers' Groups / European Workers' Groups (1974), Scientology (1995), Elective Work and Social Justice eV (2005)
  • SJD - Die Falken : From 1971 until its repeal in 2011, membership in all parties except the SPD was incompatible with Falken membership. (so-called Leverkusen decision )
  • FDP Since 1990 membership in Scientology has been incompatible with FDP membership. A judicial review has not yet taken place.
  • CDU Since 1991 membership in Scientology has been incompatible with CDU membership. The lawfulness of the regulation was confirmed by the Federal Constitutional Court (Az .: 2 BvR 307/01)

Individual cases that have become publicly known

  • In 1961, the SPD expelled the political scientist Wolfgang Abendroth from the party because he refused to leave the supporters of the SDS .
  • In 1975 the SPD excluded Richard Bünemann, member of the Schleswig-Holstein state parliament, from the party for violating the ban on cooperation with the DKP .
  • In 1977 the SPD excluded the federal chairman of the Young Socialists , Klaus Uwe Benneter , from the party because he had worked with the DKP.
  • In 1977 the IG Metall board of directors ran an expulsion process against Heinz Brandt , who until 1974 had been editor-in-chief of the members' magazine metall . The reason was Brandt's involvement in the anti-nuclear movement . The proceedings were discontinued after protests from parts of the IGM base and from the left-liberal and left-wing public.
  • At the beginning of the 1990s , various members of the Hamburg FDP were expelled from the party because they were also members of Scientology. It is assumed that Scientology wanted to infiltrate the state association of the FDP .
  • Stefan Engel (exclusion from IG Metall due to MLPD membership)

literature

Individual evidence

  1. ↑ Kristina Meyer: Persecution, repression, mediation: The SPD and their victims of Nazi persecution . In: Norbert Frei, José Brunner, Constantin Goschler (eds.): The practice of reparation: history, experience and impact in Germany and Israel . Federal Agency for Civic Education, Bonn 2010 (= publication series of the Federal Agency for Civic Education; Vol. 1033), pp. 159–202, here p. 171. ISBN 978-3-8389-0033-9 .
  2. ^ Braun, Das Bistum from 1918–1945, p. 1205
  3. ↑ Writings of the initiative group of Catholic laypeople and priests in the Diocese of Augsburg eV: The struggle for the school cross during the Nazi era and today ( Memento from August 24, 2007 in the Internet Archive ) 1st edition 2003, Prof. Dr. Konrad Loew
  4. ↑ See www.dhm.de ( Memento of February 4, 2007 in the Internet Archive ), accessed on February 23, 2015
  5. ^ Incompatibility List - Party of Humanists. Retrieved May 14, 2019 .
  6. ^ Statement by the Humanist Party on the list of incompatibilities. Retrieved May 14, 2019 .
  7. ^ B90 Greens Statute: B90 Greens Statute. B90-Greens, accessed February 1, 2019 .
  8. ↑ CDU: CDU statutes. Retrieved February 1, 2019 .
  9. ^ FDP statutes. Retrieved February 1, 2019 .
  10. ↑ https://www.spd.de/fileadmin/Dokumente/Parteiorganisation/SPD_OrgaStatut_2018.pdf
  11. ^ Die LINKE: Die Linke statutes. Die LINKE, accessed on February 1, 2019 .
  12. ↑ IG-Matall_Satzung. IG Metall, accessed on February 1, 2019 .
  13. ^ Outlook - Journal of the HBV trade union, Dec. 1975, p. 2
  14. ↑ http://falkenww.wordpress.com/2011/10/06/leverkusener-beschluss-aufgehoben/
  15. ↑ http://www.wir-falken.de/positionen/5178392.html