As the Global Far Right Gains Momentum, Legal Troubles Mount

Raphael Tsavkko Garcia
Credit: Sergio Lima/AFP/Getty Images | Andrew Harnik/Getty Images | Alexandru Dobre/AP | Carl Court/Getty Images

The global far right is facing a reckoning. Even as their movement gains political traction, legal battles are mounting, threatening to derail their ambitions. From Brazil to France and Romania the leaders and allies of the far right are under increasing scrutiny, revealing deep ties to Russia and a broader strategy of destabilization. Courts have become a crucial bulwark against the far-right tide, but relying solely on the judiciary is not enough. To truly counter the far right, democratic societies must invest in social welfare, bolster protections against Russian propaganda, and recommit to democratic values.

In Brazil, former president Jair Bolsonaro has been barred from running for office and is now facing serious legal trouble, including charges related to an attempted coup. His political career appears to be at an end, and jail time is a very real possibility. Across the Atlantic, Marine Le Pen, leader of France’s National Rally, has also been barred from running in future elections.

In Romania, Calin Georgescu was similarly disqualified from the upcoming May elections, while other far-right figures in Moldova face allegations of acting as Russian assets. In Germany, the AfD grew in the past election, but is facing localized legal problems for extremism and, of course, is suspected of having ties with Russia.

These cases highlight an important trend: far-right movements are deeply entangled with Russian influence and are now facing legal consequences for their actions.

The connection between the far right and Russia is neither new nor coincidental. For decades, Moscow has supported far-right movements across Europe and North America, using them as instruments to weaken Western democracies. Marine Le Pen has long been criticized for her cozy relationship with Vladimir Putin, receiving financial backing from Russian banks. In Eastern Europe, Russian influence is even more blatant, with politicians like Georgescu accused of working directly on behalf of the Kremlin’s interests – and let’s not forget Orbán’s not-so-secret ties with the Kremlin.

The most successful far-right figure globally remains Donald Trump. His presidency was marked by policies that aligned with Russian interests, from weakening NATO and threatening Ukraine to disrupting U.S. alliances in Europe. While Trump himself denies being directly influenced by Russia, his actions have consistently benefited Moscow.

Ironically, Trump’s impact on the global far right has not always been positive for their movement. In Canada, for example, his influence has backfired. This dynamic underscore an important reality: while the far right can harness populist energy, its excesses often alienate mainstream voters.

Despite legal setbacks in Europe and minor wins in the US (such as preventing a full stop to USAID), the far right is not going away. Courts have proven to be the last line of defense against their rise, but judicial intervention alone is not a sustainable solution. Relying on legal action to remove far-right figures from power does not address the root causes of their appeal. If democracies truly want to stop the spread of far-right extremism, they must take proactive measures beyond the courtroom.

One of the key challenges in combating far-right extremism is the paradox of defending democracy against those who seek to dismantle it from within. This dilemma was articulated by Karl Loewenstein in his theory of militant democracy, which argues that democracies must sometimes take preemptive legal action to protect themselves from authoritarian subversion.

Back in 1937 he warned that “fascism is not a political ideology, but a political technique,” with heavy propaganda, targeted enemies, repetition, over-statements and over-simplification, the “true child of the age of technical wonders and the emotional masses.”

He was right on the eve of World War II and he is right again on the eve of a possible World War III by denouncing the same enemies using the same tactics. Instead of IBM, however, we have X and Meta.

Loewenstein’s framework suggests that democracies should strengthen legal measures against treason and coup attempts, outlaw parallel institutions that attempt to usurp state functions (such as private militias linked to political movements) and prohibit the politicization of military officials.

These measures are designed to ensure that democratic institutions remain resilient against infiltration by extremist forces that exploit democratic freedoms to undermine democracy itself, in his words, “democracy and democratic tolerance have been used for their own destruction,” therefore, democracy must resist and react. 

While such measures must be carefully implemented to avoid authoritarian overreach, history has shown that failing to address these threats decisively can lead to the gradual erosion of democratic norms. The recent legal actions against far-right figures and organisations across Europe and the Americas reflect a growing recognition that democracy must defend itself with more than just rhetoric – it requires firm, legally grounded resistance to authoritarian urges and fascist rise.

So what to do?

First, governments must invest more in social welfare programs. The far right thrives on economic anxiety, exploiting frustrations over inequality and declining living standards. By ensuring robust social safety nets, fair wages, and accessible healthcare, democratic governments can undercut the far right’s economic grievances.

Second, countries must strengthen protections against Russian disinformation. The Kremlin has weaponized propaganda to fuel far-right movements worldwide, using media outlets, social media, and political operatives to sow discord.

Third, governments need to invest in journalism, regulate disinformation campaigns – through algorithmic governance, content moderation -, and educate citizens on media literacy to counteract these efforts.

Finally, democracy itself must be reinforced. Political disenchantment creates openings for authoritarian movements, therefore, expanding voting rights, increasing political participation, spaces for open dialogue, and ensuring that democratic institutions remain strong are essential steps in preventing the far right from gaining further ground.

We are at a pivotal moment. The global far right must be stopped now, before it’s too late and the EU stance in the world must be strengthened showing a united front of strong democracies with social welfare and the common good in mind.

Courts may serve as an important line of defense, but they cannot be the only barrier. If democracies want to stop the far right, they must address its underlying causes, push back against Russian influence, and recommit to social and economic policies that benefit all citizens.

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Brussels Morning is a daily online newspaper based in Belgium. BM publishes unique and independent coverage on international and European affairs. With a Europe-wide perspective, BM covers policies and politics of the EU, significant Member State developments, and looks at the international agenda with a European perspective.
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Raphael Tsavkko Garcia is a freelance journalist and editor, with a PhD in human rights, published by Al Jazeera, The Washington Post, Wired, MIT Tech Review, among other news outlets.
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