“Are we endangering our own work with our commitment to democracy?” This has become a central question for many non-profit organisations in recent years. Especially initiatives against racist, right-wing extremist and anti-democratic tendencies are often accused of violating the principle of neutrality. Yet there is hardly any other concept that is so often misunderstood. 

In essence, the requirement of neutrality means that state authorities and officials must remain neutral in political debates. Organisations that are recognised as non-profit-making or that receive public funding must also be politically neutral. What this actually means, however, is interpreted differently by tax authorities and courts of auditors, as well as by political parties.

What we need is legal certainty. A report financed by the Schöpflin Foundation together with the Freudenberg Foundation, the Amadeu Antonio Foundation and the Cellex Foundation now provides more clarity. It was written by the renowned expert in constitutional and administrative law, Friedhelm Hufen, Professor of Constitutional and Administrative Law at the Johannes Gutenberg University in Mainz and former member of the Constitutional Court of Rhineland-Palatinate.

His conclusion: Civil society organisations can take a stand against political parties and warn against their policies even if they have received state funding. The report thus strengthens the position of non-profit organisations throughout Germany.

Three key findings of the legal opinion are 

• Political education and democracy work are always oriented towards ethical values and constitutional goals and are therefore never "neutral". They are also an expression of a militant democracy and an obligatory task of the state, which can also and especially be carried out by private organisations.
   
• Public funding of private initiatives does not mean that their statements become those of the state. Private organisations are neither instruments nor "mouthpieces" of the ministry, nor are they bound by the requirement of neutrality, however defined, or by the requirement of equal opportunities for the parties.
   
• The educational work of independent organisations can avert dangers to human dignity, the free democratic basic order, fundamental rights and state objectives such as the protection of natural living conditions and European unification, even and especially when these dangers emanate from the programmes of political parties.

 

The opinion was prepared in the context of a decision of the Court of Audit of the Free State of Saxony, but is relevant nationwide.  

The report (in german) can be downloaded here.