According to Germany’s constitution, the Basic Law, citizens are free to establish political parties (Article 21 (1) sentence 2 of the Basic Law). No permission from the government is needed. However, the party’s internal organisation must conform to democratic principles. Further rules are derived from the Basic Law and the Political Parties Act.

A political party may be established in two ways: by founding a new party, or by transforming an existing association into a political party. Most parties are founded as new parties. A founding agreement must be concluded which expresses the desire of those involved to establish a political party.

How political parties differ from civic initiatives and associations of voters

According to Article 21 of the Basic Law, because of their political objectives, political parties have a special constitutional status that sets them apart from other associations as referred to in Article 9 (1) of the Basic Law. Political parties differ from civic initiatives and local associations of voters, for example, in that they seek longer-term popular representation in the German Bundestag or in the parliament of a federal state (Landtag). They do not pursue only one particular goal in the short term or only at local level

Membership

Only natural persons may be members of a political party (section 2 (1) sentence 2 of the Political Parties Act). A political association is not a party if its membership or executive committee is mostly made up of foreign nationals. Nor is it a political party if its seat or management is located outside of the scope of application of the Political Parties Act (section 2 (3) of the Political Parties Act).

The Political Parties Act does not specify a certain minimum number of party members. However, an association must have enough members to make sure that it can seriously participate in the development of informed political opinion by the size of its membership as well (section 2 (1) sentence 1 of the Political Parties Act). It is not possible to define a specific number of members, because all aspects of the association are taken into account.

In 1968, the Federal Constitutional Court recognised an association with 400 members, which was still in the process of being established, as a political party (collection of Federal Constitutional Court decisions, BVerfGE 24, 332). In its scrutiny of elections, the German Bundestag found that an association with 55 members did not constitute a political party (decision of 26 February 1970 concerning printed paper VI/361, StenBer. p. 1657).

Legal status

Political parties are freely formed associations of persons as referred to in Article 9 (1) of the Basic Law which are founded on the basis of private law according to the Civil Code (Bürgerliches Gesetzbuch, BGB) provisions on associations. As a rule, they are associations without legal capacity. If a political party is to be organised as an association with legal capacity, it must be be entered in the register of associations as well (section 21 of the Civil Code).

Name, statutes and party programme

The full name of the political party and its abbreviated form must clearly differ from the names of existing parties (section 4 of the Political Parties Act). At the time of its founding, the political party must adopt a set of statutes and a programme and record them in writing. Section 6 (2) of the Political Parties Act contains detailed rules on the content of statutes. For example, the statutes must include the following:

• The full name of the party and its abbreviation; location of the party’s headquarters
• Provisions on the admission, resignation and expulsion of members and on their rights and obligations
• The composition and powers of the party’s executive committee
• The convening of assemblies of members and representatives
• Bodies authorised to nominate candidates
• Provisions on party financing

Information from the Federal Returning Officer

The Federal Returning Officer maintains a collection of documents from all the political parties. Each party must therefore notify the Federal Returning Officer of the following (section 6 (3) of the Political Parties Act):

• its statutes and party programme
• the names and functions of the members of its executive committee and the executive committees of its branches in the federal states
• the dissolution of the party or any of its branches in the federal states

The Federal Returning Officer must be informed of any changes by 31 December of the same calendar year.