Duel with the Intelligence Agency: AfD Declares Victory in Preliminary Round
CDU-AfD disagreement: 'Win for AfD' in dispute with Office for the Protection of the Constitution - European lawmakers approve modifications in parliamentary session.
The domestic intelligence agency's temporary retreat in labeling the AfD as a "conclusively right-wing extremist endeavor" has sparked a wave of triumph amongst the party members. AfD leaders consider this step as a minor veto victory in their lengthy struggle with the intelligence service. However, no decisive conclusion has been reached yet in this drawn-out legal battle.
"This is a step in the right direction," said party co-chair Alice Weidel. She reiterated her allegations of political motivations behind the intelligence agency's observation of her party. "It's a win for us, of course," added her co-chair Tino Chrupalla. "1:0 for us!" exclaimed the influential parliamentary vice-president Sebastian Münzenmaier on the X platform.
The Federal Office for the Protection of the Constitution had previously promised a temporary halt to its new classification of the AfD, despite considering it warranted. The intelligence agency had upgraded the AfD's status barely a week ago, which prompted the party to file an emergency application and a lawsuit against the agency with the administrative court in Cologne, demanding a standstill agreement pending a decision in the expedited procedure. The intelligence agency has now complied with the request, albeit without acknowledging a legal obligation. It stated that it would provisionally hold off on the classification of the AfD as a "conclusively right-wing extremist endeavor" and maintain its observation of the party as a suspected case "to allow the court to conduct a thorough review in the urgent procedure." The Federal Office itself remained silent on the matter, citing the ongoing procedure and the court's authority.
Politicians like Federal Minister of the Interior Alexander Dobrindt viewed the standstill agreement as a routine measure. He explained that the classification of the applicant remains in effect during the expedited legal procedure, including the case of the AfD.
The timeline for the expedited procedure is still unclear. The Federal Office for the Protection of the Constitution has until the end of next week to present its statement to the court. The procedure itself could take weeks or months before the main case is heard. The legal dispute over whether the AfD may be classified as a "conclusively right-wing extremist" group could potentially drag on for several years.
Interestingly, this was not the first time the AfD encountered such a legal dispute. The party had previously challenged its classification as a "suspected case," a battle that lasted for months. In January 2021, the Office for the Protection of the Constitution issued a stay of proceedings. However, the AfD ultimately lost at the Higher Administrative Court of North Rhine-Westphalia, which concluded that the AfD had been correctly classified as a right-wing extremist suspicious case. The party has since appealed to the Federal Administrative Court.
In the case of a classification as a "suspicious case," the Office for the Protection of the Constitution can already employ various tactics such as surveillance, undercover agents, and wiretapping. If an observation object is classified as securely extremist, the threshold for such measures is lower.
After years of review, the Office for the Protection of the Constitution announced on May 2 that it would henceforth classify the AfD as a "proven right-wing extremist endeavor." This decision sparked a renewed debate about a potential AfD ban. The authority justified its new assessment in large part due to the ethnic ancestry people's concept prevalent amongst AfD officials. For instance, the Office for the Protection of the Constitution has criticized statements like "Every foreigner added to this country is one too many" by AfD officials.
[1] https://www.dw.com/en/german-intelligence-agency-places-afd-under-temporary-surveillance/a-58055848[2] https://www.telegraph.co.uk/news/worldnews/europe/germany/19728933/Germany-Alternative-for-Germany-AfD-could-be-banned-in-right-wing-extremism-crackdown.html
- The current victory declared by the Alternative for Germany (AfD) party, following the intelligence agency's temporary halt in labeling them as a "conclusively right-wing extremist endeavor," is significant, as party leaders consider it a minor veto victory in their ongoing struggle with the intelligence service.
- In response to the AfD's emergency application and lawsuit against the German intelligence agency, the agency has agreed to provisionally hold off on classifying the party as a "conclusively right-wing extremist endeavor," while maintaining its observation of the party as a suspected case, to allow the court to conduct a thorough review during the expedited procedure.
- The Federal Minister of the Interior, Alexander Dobrindt, views the standstill agreement as a routine measure, explaining that the classification of the AfD remains in effect during the expedited legal procedure.
- The intelligence agency's decision to classify the AfD as a "proven right-wing extremist endeavor" in May 2021 has sparked a renewed debate about a potential AfD ban, with critics citing controversial statements made by some AfD officials, such as claims about ethnic ancestry.
