Analysis Finds Constitutional Foundation Opinions Offer Solid Foundation for Discussion on AfD Ban
The Research Center for Intelligence Services at the University of Cologne has published a legal study on the potential ban procedure for the Alternative for Germany (AfD) party. The study, led by constitutional law expert Markus Ogorek, aims to contribute to the "objectivation and academic enrichment of the debate" and to provide "legal orientation" for political decision-makers.
The study does not determine whether the AfD should be banned, but rather provides a legal framework for political decision-makers to consider. It concludes that the Verfassungsschutz report from the spring, which classified the AfD as "undoubtedly right-wing extremist," could serve as a basis for a party ban, given the comparable standards.
The study recommends waiting for the courts' opinion on the classification before potentially filing for a party ban. This is due to the stringent legal threshold required for banning a political party in Germany. According to related constitutional and legal frameworks, a party must be proven to seek the undermining or abolition of the free democratic order or endanger the existence of the Federal Republic of Germany. The process involves applications being filed by the Bundestag, Bundesrat, or the Federal Government, and the ban needing the consent of a two-thirds majority of the Justices in the Senate of the Federal Constitutional Court.
The AfD was classified as a "confirmed right-wing extremist endeavor" by the Federal Office for the Protection of the Constitution (BfV) in May 2025. This classification, based on a more than 1,000-page report, allows for monitoring and could lead to actions including a ban if it is legally proven that the AfD endangers Germany's democratic order. A court in Cologne is currently reviewing a lawsuit challenging this classification.
The SPD party conference at the end of June called for the establishment of a federal-state working group to prepare for a ban procedure. Preparation for a draft of a ban application can be made before the courts' decision on the classification. However, the study suggests a cautious approach, awaiting the courts' decision on the classification.
It is important to note that there is no consensus among other parties on whether to pursue an AfD ban. The study does not endorse the immediate filing for a party ban, but rather emphasizes that banning a party like the AfD requires clear, legal proof of its efforts to dismantle the democratic order, supported by procedural safeguards including high judicial consensus at Germany's Federal Constitutional Court.
In summary, the Cologne study and other analyses emphasize that banning a party like the AfD requires clear, legal proof of its efforts to dismantle the democratic order, supported by procedural safeguards including high judicial consensus at Germany's Federal Constitutional Court. The study's findings could potentially influence the decision-making process regarding a possible AfD ban, depending on the courts' decision on the classification.
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