Anthoula Malkopoulou – Greece: A Procedural Defence of Democracy against the Golden Dawn

Abstract

Greece not a militant democracy – Constitution rejects party bans – Challenge posed by neo-Nazi party Golden Dawn – Preference for a procedural approach – Not as passive as previously thought – Proactive use of regular law – Golden Dawn charged for being a criminal organisation disguised as a political party – Questions about the political timing of the trial – Importance of judiciary independence – Why not a terrorist organization – Suspension of party funding and other restrictions against Golden Dawn – Actions by state institutions as opposed to local and civil society – How to distinguish between procedural- and militant-democratic initiatives – Political rights of convicted party leaders – Benefits and risks of procedural model