Ant,
I am no lawyer. While I was aware of the Vereinsgesetzt and the implications as it was explained yesterday evening on TV, remember that the foucs currently is on scientology being a threat to the constitution, and being incompatible with it - this is the focus of the effort getting started now. The Verfassungsschutz has been told to exaimne them even further, and on TV one interior minstre said clearly they want them getting banned for violation of the constitution. As far as I am aware, suing them on the basis of such a claim overrules technical reasons being provided by the Vereinsgesetz.
"The NPD trial took place before the constitutional court BEFORE the party was banned."
But they were not banned...! It failed for a
technical reason - V-Männer having infiltrated them, so the court took the case down, and had no other option than that.
It was also suggested to use art. 5 paragraph 2 GG against them, where it is ruled that the certain constitutional right can be limited if they are used to violate cirminal laws, laws that protect the youth, and the marriage. I personally would also argue in favour of 5-3.
and finally this: GG art 9 (1,2):
- All Germans have the right to form associations and societies.
- Associations, the objects or activities of which conflict with the criminal laws or which are directed against the constitutional order or the concept of international understanding, are prohibited.
Since there are many examples of violations of criminal laws, as well as the anti-constitutional nature of Scientology is politically no longer in doubt, and is provided eveidence for in written internal docoments of Scientology, you do not need to try suing them on the basis of the Vereinsgesetz. and here you also find the reason why they say they want to ban scientology in the basis of it violating the constitution.
They did not say it, but I also remind of
Article 18 (Forfeiture of basic rights).
Whoever abuses freedom of opinion, in particular
freedom of the press (Article 5, paragraph 1)
freedom of teaching (Article 5, paragraph 3),
freedom of assembly (Article 8),
freedom of association (Article 9), the
secrecy of mail posts and telecommunications (Article 10),
property (Article 14), or the right of asylum (Article 16, paragraph 2)
in order to attack the free democratic basic order, forfeits these basic rights. The forfeiture and its extent are pronounced by the Federal Constitutional Court.
and finally, article 20, 4 GG:
All Germans shall have the right to resist any person seeking to abolish this constitutional order, should no other remedy be possible.
(inserted 24 June 1968)
Hard to use that in suing Scientotlogy, but it clearly illustrates the spriit the constitution is breathing concerning attempts to destroy it. where the violation of the constitution got recognized, there it must be possible to bring such an attack to a legal stop, and force the attacker back.
So again, the attempt, as reported yesterday, is not founded on intricacies of the vereinsgesetz, but Scientologie's record of braking criminal laws, and violating the constitution.
It therefore will depend on wether you can proove at court that anti-constitutional acting and intending, or not. and it seems, there is some political optimism now that they have enough to dare to try it.