A sports club in Schleswig-Holstein has tried several times to get rid of the NPD politician Lennart Schwarzbach as a member. This is only possible when the association inserts a new rule in its statutes. Schwarzbach then feels discriminated against and complains – without success.
A politician from the right-wing extremist NPD has failed with a constitutional complaint against his exclusion from a sports club in Schleswig-Holstein. The Federal Constitutional Court in Karlsruhe did not accept the complaint of the Hamburg NPD state chairman Lennart Schwarzbach for decision, as it announced. The club’s actions are not objectionable.
This had tried several times unsuccessfully to expel the politician who had entered the football department. In 2018, the association then added a new rule to its statutes, according to which members of extremist organizations could not be members of the association. The NPD was explicitly mentioned as an example, Schwarzbach was excluded in 2019.
He sued against it in Schleswig-Holstein, but was unsuccessful. The Higher Regional Court in Schleswig saw no violation of the prohibition on discrimination. He appealed the verdict to the Federal Constitutional Court.
However, this now classified his constitutional complaint as inadmissible. In principle, an association has the right to decide on the admission and exclusion of members, it explained. If the statute opposes extremist and racist efforts, there is no objection to the Basic Law.
The judgment of the Higher Regional Court is compatible with fundamental rights. It weighed up the freedom of association and the interest in not being excluded because of a political opinion. In its decision, it also included Schwarzbach’s active political work as head of state, the Federal Constitutional Court further explained.
