An overview of Proscribing Right-Wing Extremist Organisations in Europe

… some states have proscribed right-wing extremist (RWE) organisations quite often, while others have used proscription laws only in isolated cases; still others eschew completely such legal instruments.
proscription
banning
right-wing extremism
far right
Germany
Author
Published

Friday, 1 September 2023

In a recent article in Terrorism and Political Violence, co-authored with Michael Vaughan and based on data collection with over 40 country experts (listed below), I presented and offered an initial analysis of a new dataset on proscribed right-wing extremist organisations (PREOs) in Europe. The dataset (up-to-date) includes 191 proscribed organisations. A version of the dataset is availble for download on my Data page, along with further information about the proscribed organisations. The data helps to fill a gap of comparative data and analysis on responses to RWE. It is my profound hope that the data will facilitate more research in this area. Here, I will summarise the analysis put forward in the article and provide (replicable) visualisations of the data.

As Michael (V.) and I write in the article, violent incidents in recent years have drawn public and political attention to the threats posed by RWE. “From terrorist attacks, to extremist riots at national and regional legislatures, to the quotidian menace of RWE assault and harassment—numerous countries are simultaneously shocked by and inured to the dangers of RWE.” States, often compelled to take action by public outrage and civil society advocacy, have occasionally turned to one of militant democracy’s most severe measures to counter extremism: proscription. Yet there is a conspicuous difference in the frequency that states have resorted to this measure. “Some states have proscribed right-wing extremist (RWE) organisations quite often, while others have used proscription laws only in isolated cases; still others eschew completely such legal instruments.” Where, how frequently, against which RWE organisations, and why have proscriptions been applied? Research has not attended to this puzzle. Before delving into questions of why some organisations are proscribed, we must first establish the descriptive basis for causal questions.

Organisational proscription takes place in one of two ways: through executive decree or judicial ruling. Juxtaposing these two modes with the number of instances in which they have been applied, as in Table 1, reveals differences among European countries’ proscription regimes. While the extent and weight of advisory input is uncertain, we can say that the proscription by executive decree is essentially a political decision, an action authorised by a party politician acting as the head of a governmental branch (typically the interior ministry). By contrast, the judicial mode, represented on the right-hand side of Table 1, typically involves the state or governmental actors bringing suit against a RWE organisation—but a court is the authority that deems that organisation illegal.

Table 1. Modes and instances since 1990 (number in parentheses) of organisational proscription in European states.
Executive decree Judicial ruling
highly active Germany (54)
France (13)
United Kingdom (9)
active Italy (4)
Hungary (1)
Austria (1)
Estonia (1)
Hungary (3)
Belgium (2)
France (2)
Netherlands (2)
Poland (2)
Spain (2)
Bulgaria (1)
Czechia (1)
Finland (1)
Greece (1)
Latvia (1)
Romania (1)
Slovakia (1)
Slovenia (1)
inactive Croatia, Cyprus, Denmark, Ireland, Lithuania, Luxembourg, Malta, Portugal, Sweden

Close readers will notice that two countries are listed twice in Table 1. France and Hungary have applied both modes of proscription. In France, proscription typically occurs through executive decree, but two unions affiliated with the radical right Front National were outlawed by the high court partially on the basis that the unions were discriminatory. Conversely, in Hungary, court rulings have been the more common proscription mode. However, in 1994 an executive decree proscribed the Hungarian Hungarianist Movement (Magyar Hungarista Mozgalom), the first organisation proscribed in the post-communist era.

Table 1 shows that Germany has been the state most actively proscribing RWE organisations since 1990—which should not come as a surprise—followed by France and the United Kingdom. But these proscriptions are not evenly spread throughout the last 30 years. Figure 1 shows several spikes in proscription. In France, the proscription of RWE organisations in 2013 and 2019–2022 preceded significant reductions in right-wing violence. Simultaneously, the prominence of a far-right political party (the Front National) seems to mollify some extremists and mitigate violent actions, albeit by accepting greater radicalism in the sphere of party politics. The UK, which has only recently started proscribing RWE groups, banning National Action in 2016, has been the most active state in recent years.

library(ggplot2)
library(ggpattern)
# remotes::install_github("coolbutuseless/flagon")
# if(!require("sf")) {install.packages("sf"); library("sf")}
library(flagon)

country_codes <- c('at','be','bg','cz','ee','fi','fr','de','gr','hu','it','lv','nl','pl','ro','sk','si','es','gb')

j <- flags(country_codes, 'svg')

year <- c(1990,1992,1993,1993,1994,1994,1995,1996,1997,1997,1998,1998,2000,2000,2001,2003,2004,2005,2005,2005,2006,2006,2006,2007,2008,2009,2009,2009,2009,2010,2011,2011,2012,2013,2013,2014,2014,2014,2014,2014,2015,2016,2016,2017,2019,2019,2019,2019,2019,2020,2020,2020,2020,2020,2020,2021,2021,2021,2022)
country <- c("Netherlands","Germany","Germany","Italy","Germany","Hungary","Germany","Germany","France","Germany","Germany","Netherlands","Germany","Italy","Germany","Germany","Belgium","France","Germany","Hungary","France","Germany","Slovakia","Germany","Germany","Estonia","Germany","Hungary","Poland","Czechia","Germany","Spain","Germany","France","Germany","Belgium","Germany","Hungary","Latvia","Romania","Germany","Germany","UnitedKingdom","UnitedKingdom","Austria","France","Germany","Poland","Slovenia","Bulgaria","Finland","France","Germany","Greece","UnitedKingdom","France","Germany","UnitedKingdom","France")
bans <- c(1,4,3,3,1,1,3,1,2,1,1,1,2,1,1,1,1,1,4,1,1,2,1,1,2,1,3,1,1,1,2,2,6,5,2,1,3,1,1,1,2,3,1,2,1,2,1,1,1,1,1,1,3,1,3,2,1,3,1)
preo_year_trim <- data.frame(year,country,bans)

if (require("magick")) {
ggplot(preo_year_trim) +
  geom_col_pattern(
    aes(x = year, y = bans, pattern_filename = country), colour="black", fill="gray70",
    pattern       = 'image',
    pattern_type  = 'fit',
    pattern_scale = 1
  ) +
  scale_pattern_filename_discrete(choices = j) +
  scale_pattern_discrete(guide = guide_legend(nrow = 1)) +
    theme_bw() + 
    scale_x_continuous("Year", breaks = seq(1990,2022,1), minor_breaks = seq(1990,2022,1)) +
    scale_y_continuous("RWE Organisations Proscribed", breaks = seq(0,10,1), minor_breaks = seq(0,10,1)) + 
    theme(axis.text.x = element_text(angle = 90, vjust = 0.5, hjust=1, size=11),
          axis.text.y = element_text(size = 11), 
          axis.title.y = element_text(size = 11),
          legend.text=element_text(size=11),
          legend.title=element_blank(),
          legend.position="bottom")
}

Figure 1. Proscribed right-wing extremist organisations since 1990 by year and country.

Figure 1 suggests that proscription is becoming a more commonly used tool to disrupt RWE. There has been a slight increase in the number of organisations proscribed and in the array of countries using proscription. As we write in the article:

Several countries that have rarely (if ever) used proscription seem to be shifting their position: in Denmark, notwithstanding a long tradition of emphasizing and ensuring broad freedom of association, a law passed in 2016 (the “Act amending the Public Education Act and the Tax Act, Public Information Law”) opened the way for the proscription of a gang (Loyal to Familia);1 in the Netherlands in June 2021, “the Upper House of the legislature passed a law on anti-democratic organisations, giving judges the power to proscribe extremist organisations, prevent their leadership from running new organisations, and jail members that continue to be active for proscribed organisations”;2 and in Sweden an all-party committee has recently suggested amending the criminal code to impose penalties on racist organisations and their participants, that is, a form of proscription.3 Proscription may yet become a more widely used means of disrupting RWE activity.

RWE violence and organisational proscription

While the pecise conditions that are relevant for proscription are somewhat elusive, violence is surely among them. The right-wing terrorism and violence (RTV) dataset comprises information on attacks and plots motivated by right-wing extremist beliefs. Figure 2 plots side-by-side rates of RWE violent incidents, fatalities, and proscription. The resulting patterns are not suggestive of a close connection. Yet a connection does exist, as evinced by several noteworthy cases. The Finnish Supreme Court cited violence by longstanding activists of the Nordic Resistance Movement in justifying their proscription decision in 2020. Similarly, in Greece, despite the absence of a “constitutional option to ban political parties once they have been authorised to participate in elections,” the Criminal Court of Appeals in Athens made the unprecedented decision in 2020 to proscribe Golden Dawn;4 most prominent among the justifications were several conspicuous violent incidents, including the murder of anti-fascist activist Pavlos Fyssas in 2013.

library(ggplot2)

year <- c(2000,2000,2001,2001,2002,2002,2004,2004,2005,2005,2007,2007,2008,2008,2009,2009,2010,2010,2012,2012,2013,2013,2016,2016,2016,2017,2017,2017,2020,2021,2000,2000,2003,2003,2004,2004,2005,2005,2007,2007,2011,2016,2016,2012,2012,2013,2013,2017,2017,2018,2018,2020,2002,2002,2005,2006,2010,2010,2013,2013,2013,2019,2019,2019,2020,2021,2016,2016,2020,2002,2002,2004,2006,2006,2014)
country <- c("UnitedKingdom","UnitedKingdom","UnitedKingdom","UnitedKingdom","UnitedKingdom","UnitedKingdom","UnitedKingdom","UnitedKingdom","UnitedKingdom","UnitedKingdom","UnitedKingdom","UnitedKingdom","UnitedKingdom","UnitedKingdom","UnitedKingdom","UnitedKingdom","UnitedKingdom","UnitedKingdom","UnitedKingdom","UnitedKingdom","UnitedKingdom","UnitedKingdom","UnitedKingdom","UnitedKingdom","UnitedKingdom","UnitedKingdom","UnitedKingdom","UnitedKingdom","UnitedKingdom","UnitedKingdom","Spain","Spain","Spain","Spain","Spain","Spain","Spain","Spain","Spain","Spain","Spain","Spain","Spain","Greece","Greece","Greece","Greece","Greece","Greece","Greece","Greece","Greece","France","France","France","France","France","France","France","France","France","France","France","France","France","France","Finland","Finland","Finland","Belgium","Belgium","Belgium","Belgium","Belgium","Belgium")
number <- c(1,1,1,1,1,1,3,3,1,1,3,3,3,3,1,1,2,2,1,1,1,1,1,2,2,1,1,2,3,3,4,4,1,1,1,1,1,1,1,1,2,1,1,2,2,2,2,1,1,1,1,1,2,2,1,1,1,1,2,2,5,1,1,2,1,2,1,1,1,1,2,1,2,3,1)
type <- c("incident","fatalities","incident","fatalities","incident","fatalities","incident","fatalities","incident","fatalities","incident","fatalities","incident","fatalities","incident","fatalities","incident","fatalities","incident","fatalities","incident","fatalities","ban","incident","fatalities","incident","fatalities","ban","ban","ban","incident","fatalities","incident","fatalities","incident","fatalities","incident","fatalities","incident","fatalities","ban","incident","fatalities","incident","fatalities","incident","fatalities","incident","fatalities","incident","fatalities","ban","incident","fatalities","ban","ban","incident","fatalities","incident","fatalities","ban","incident","fatalities","ban","ban","ban","incident","fatalities","ban","incident","fatalities","ban","incident","fatalities","ban")
  
PREORTV <- data.frame(year,country,number,type)

country_selection <- ggplot(PREORTV, aes(x = year, y = number, fill = type)) + 
  geom_col(width = 1, position = position_dodge2(preserve = "single", padding = 0), color = "black", size = 0.2) + facet_wrap(~ country,ncol=3) +
  scale_fill_manual(values = c("ban"="red", "incident"="lightblue", "fatalities"="black")) +
  scale_x_continuous("Year", breaks = seq(2000,2021,2)) +
  scale_y_continuous("", breaks = seq(0,6,1), minor_breaks = seq(0,6,1)) +
  theme_bw() +
  theme(strip.text.x = element_text(size = 12, colour = "black", angle = 0)) +
  theme(legend.position="bottom", legend.title=element_blank(), legend.text=element_text(size=11),
        axis.text.x = element_text(size = 11, angle = 90, vjust = 0.5, hjust=1),
        axis.text.y = element_text(size = 11))
country_selection

Figure 2. RTV and bans in Be, Fi, Fr, Gr, Sp, UK.

Footnotes

  1. We are indebted to the country experts for Denmark, Anita Nissen and Richard McNeil-Willson, for this observation.↩︎

  2. We thank the country expert for the Netherlands, Sarah de Lange, for this information.↩︎

  3. We thank the country experts for Sweden, Tina Askanius and Patricia Rodi, for this note.↩︎

  4. It is important to note that Golden Dawn has not been proscribed as a “right-wing extremist organisation,” that is on the basis of some ideological criteria, but instead as a “criminal organisation,” on the basis of organised violence and other criminal behaviour by its members. We are indebted to the country experts for Greece, Andreas Dafnos and Vasiliki Tsagkroni, for making this distinction clear.↩︎

  5. Though the first post-war German governments under Konrad Adenauer (1949–1963) implemented denazification in many areas, some implementation was conspicuously hollow. Most notably, several members of Adenauer’s governments had held senior positions in the National Socialist regime, for example: Hans Globke, who was appointed Chief of Staff for the West German Chancellery, had helped draft the racialist Nuremberg Laws and worked closely with Adolf Eichmann to administer parts of the Holocaust; Interior Minister Gerhard Schröder had been a Nazi party member and storm trooper since 1933; the minister for refugees Theodor Oberländer had served in a SS battalion implicated in war crimes in Poland and Ukraine; and Reinhard Gehlen, a leading military intelligence officer in the Nazi regime, became the first president of the German Federal Intelligence Service (Bundesnachtichtendienst).↩︎

  6. In an earlier article in Social Movement Studies, I show how violent anti-fascist counter-mobilisation compelled German state authorities to ban the large, annual neo-Nazi demonstration in Wunsiedel.↩︎