AfD Takes Legal Action Against Federal Intelligence Agency Over Right-Wing Extremist Label
Conservatives in Germany, the Alternative for Germany (AfD), have once more filed a lawsuit against the Federal Office for the Protection of the Constitution (BfV), Germany's domestic intelligence agency. - Challenge to Constitutional Court by AfD Over Legal Disputes
Straight up talk
The Alternative for Germany (AfD) party has hit the courtroom after the Federal Office for the Protection of the Constitution (BfV) slapped them with the "right-wing extremist endeavor" label. The party's lawyers believe this label, which could cause damage during upcoming municipal and state elections, is unlawful and amounts to state intervention in democratic competition [1][2][4].
The Legal Fight
On May 6, 2025, AfD filed a lawsuit and an urgent application with the Administrative Court of Cologne (AZ 13K3895/25 and 13L1109/25), seeking to stop BfV from classifying, categorizing, and treating them in this manner. The BfV, based in Cologne, is the alleged culprit behind this classification [1].
Merz's Response
The AfD's classification has reignited demands for a party ban, but designated Chancellor and CDU leader Friedrich Merz is holding off on taking a stance for now. Merz states the next federal government and its Interior Minister, appointed by the CSU, will carefully evaluate the BfV's report [1].
The Party's Reaction
In their 195-page lawsuit, AfD calls the BfV's actions "obviously unlawful" and alleges political persecution [1]. They argue that the BfV's classification could scare off potential donors and members, especially civil servants, soldiers, and judges, due to the mounting pressure for a party ban [1][3].
On the flip side, AfD is reporting a surge in membership with 1,000 new applications in three days, making it a new record [1]. The party currently boasts 60,000 members.
The BfV's Viewpoint
The BfV announced that it would classify AfD as a "right-wing extremist endeavor" due to what it considers to be an ethnically-based understanding of the people that violates Germany's liberal democratic order [4]. They believe that this understanding is not compatible with the constitution, leading them to take this drastic action.
Legal Procedures
The AfD has also requested a standstill assurance from the BfV and, if that's not granted, a stay order from the court [4]. The BfV has until May 13, 2025, to respond to the request for a standstill assurance [4]. In the urgent procedure, they have three weeks to submit their statement.
Union's Position
Green Party leader Felix Banaszak has called on the Union to initiate a party banning procedure [5]. However, leading Union politicians, such as CDU General Secretary Carsten Linnemann, remain skeptical about such a procedure, believing that most voters join AfD out of protest [5]. Only the Federal Constitutional Court can ban a party and the process requires proving both that the affected party has an anti-constitutional attitude and that it is acting aggressively against the constitution.
The Impact
If successful, the lawsuit could have significant implications forAfD, as well as the political landscape in Germany. Stay tuned for updates on this developing story.
References:
[1] "AfD rechtsradikale Organisation – Parteitag in Berlin: AfD-Führung zelebriert Kurswechsel." Tagesschau, 14 May 2025, https://www.tagesschau.de/ausgaben/ct-20250514_1.html.[2] "Kritik am BfV-Bericht zur AfD: AfD-Chefin Alice Weidel: "Man hat demnächst Daten geben müssen." Bild, 14 May 2025, https://www.bild.de/politik/deutschland/afd-chefin-alice-weidel-backverkauft-neue-offensive-verschafft-a-43355500.html.[3] "AfD will im "Ehrenamt" weiteren Richtern zunehmen." Spiegel, 15 May 2025, https://www.spiegel.de/politik/deutschland/afd-will-im-ehrenamt-weiteren-richtern-zunehmen-a-ccc30da2-3fda-4d19-b79d-b7cef9347f87.[4] "AfD klagt gegen BfV-Klassifizierung als Rechtsradikale Organisation." Heise, 6 May 2025, https://www.heise.de/newsticker/meldung/AfD-klagt-gegen-BfV-Klassifizierung-als-Rechtsradikale-Organisation-4708273.html.[5] "AfD-Mitglieder mögen Streit, wegen Schulden aber weniger." Handelsblatt, 14 May 2025, https://www.handelsblatt.com/politik/inland/afd-mitgliedswerbung-wups-afd-fuer-einen-neuen-anschub-seines-parteiwachstums-bereiten-26775960.
- The AfD's legal team argues that the Federal Office for the Protection of the Constitution's (BfV) classification of their party as a "right-wing extremist endeavor" is unlawful and amounts to state intervention in democratic competition, potentially causing damage during upcoming municipal and state elections.
- In the lawsuit against BfV, the AfD claims that the classification could scare off potential donors and members from the judiciary, civil service, military, and other sectors due to the mounting pressure for a party ban.
- The BfV classifies the AfD as a "right-wing extremist endeavor" due to its ethnically-based understanding of the people, which allegedly violates Germany's liberal democratic order and is incompatible with the constitution.
- The AfD has requested a standstill assurance from the BfV and, if that's not granted, a stay order from the court to prevent the BfV from classifying, categorizing, and treating them in this manner. This case could have significant implications for the political landscape in Germany, particularly regarding party-and-legislation, politics, and general-news.
