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Left-Extremist Endeavours

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Legal proceedings By decision of 21 and of 24 September, the Bavarian Higher Administrative<br />

Court denied the motions submitted by the REP Bavarian<br />

Land Association for leave to appeal against the decision<br />

of the Munich Administrative Court of 25 March, and declared<br />

that references to the REP, as contained in the Bavarian Reports<br />

on the Protection of the Constitution for the years 1994 through<br />

1997 and in the report "Verfassungsschutz-Informationen<br />

Bayern, 1. Halbjahr 1998" ["Information on the Protection of the<br />

Constitution - Bavaria, 1 st Semester of 1998"], were in conformity with<br />

the law.<br />

By decision of 10 September, the Coblenz Higher Administrative<br />

Court confirmed the admissibility of the surveillance of the REP<br />

Land Association of Rhineland-Palatinate by means of intelligence<br />

methods.<br />

By decision of 26 June 1997, the Lüneburg Higher Administrative<br />

Court had declared that surveillance of the REP Land<br />

Association of Lower Saxony by means of certain intelligence<br />

methods (collection of information by undercover agents, and<br />

covert investigations and questioning) was admissible. By<br />

judgement of 7 December, the Federal Administrative Court<br />

(BVerwG) confirmed that the facts established by the Higher<br />

Administrative Court sufficed for warranting the suspicion that the<br />

REP engaged in anti-constitutional endeavours since they used<br />

patterns of argumentation typical of right-extremist antidemocratic<br />

associations and constantly launched generalizing<br />

and polemic attacks against the institutions and representatives<br />

of democracy. The lawsuit was returned to the Higher<br />

Administrative Court for clarification of the question as to<br />

whether, and to what extent, use of intelligence methods against<br />

the REP conformed to the principle of proportionality.<br />

In addition, there are pending suits filed by the REP against their<br />

surveillance by means of intelligence methods in North<br />

Rhine/Westphalia, Berlin and Baden-Wurttemberg.<br />

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