The AfD's Victory and the Halt of Classification: A Legal Tussle with the Constitutional Protection
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Dispute resolution in favor of AfD: their victory declared ahead of vote count - European lawmakers endorse changes in parliamentary session.
The Constitutional Protection's decision to delay the initial labeling of the Alternative for Germany (AfD) as "securely right-wing extremist" and the removal of the corresponding mention from its official page has brought about a surge of satisfaction within the party. The AfD leaders perceive this move as a speck of victory in their ongoing legal dispute with the domestic intelligence agency. Notwithstanding, no definitive conclusions have been reached by the competent court in this complex legal battle, which could potentially drag on for an extended period.
"This is a step in the right direction," declared AfD leader Alice Weidel, echoing her ongoing criticism about the politically-motivated observation of her party by the Constitutional Protection. "A good day for us, of course," added co-leader Tino Chrupalla, celebrating the development with a triumphant exclamation, "1:0 for us!" Sebastian Münzenmaier, the influential parliamentary vice-president, expressed his sentiments on the X platform reiterating the sentiment.
Prior to this change, the Federal Office for the Protection of the Constitution had assured a temporary standstill in the new classification of the AfD as a "securely right-wing extremist endeavor," even though it persisted in its belief that such classification was warranted. Approximately a week ago, the domestic intelligence agency had ratcheted up the classification for the party. The AfD responded by filing an urgent application and a lawsuit against this action with the administrative court in Cologne, demanding a standstill agreement until decisions were made in the urgent legal procedure. The domestic intelligence agency has now complied with the demand "without acknowledging a legal obligation." They promised to provisionally put the classification of the AfD on hold, allowing the court to conduct a "summary examination" in the urgent procedure, and continue observing the party only as a case under suspicion. The Federal Office itself chose to remain silent regarding the ongoing proceedings and the respect due to the court.
According to the perspectives of Federal Minister of the Interior Alexander Dobrindt, the temporary standstill agreement does not warrant cause for concern. Until the administrative court passes its judgment, the classification of the applicant will be retained at its previous level in the urgent legal procedure, a process that also applies to the AfD in this case.
The entire procedure could proportionately take years
The duration of the urgent procedure remains unclear. The Federal Office for the Protection of the Constitution has until the end of the next week to submit its stance to the court. Once complete, the actual proceedings could take weeks or even months. Ultimately, the process in the main matter will follow. The ongoing legal dispute over whether the AfD should be identified as a "securely right-wing extremist" entity could see a prolonged duration, possibly spanning multiple years.
Reminiscent of the past AfD classification as a "suspicious case"
Similarly, the procedure experienced a comparable sequence when the party challenged its "suspicious case" classification. The Office for the Protection of the Constitution granted a "stay of execution" in this case as well, in January 2021. Following a lengthy process, the AfD ultimately lost in the Higher Administrative Court of North Rhine-Westphalia, which ruled that the AfD had been justifiably classified as a "right-wing extremist suspicious case." Nevertheless, the legal debate lingers on. The party has submitted an appeal with the Federal Administrative Court, awaiting a resolution.
The Office for the Protection of the Constitution can already employ Intelligence measures, including observations, recordings, or informants, in cases of suspected cases. If an observation object is classified as securely extremist, the threshold for the use of such measures drops significantly.
The classification upgrade after extensive review
On May 2, following years of scrutiny, the Office for the Protection of the Constitution announced that it would label the AfD as a "securely right-wing extremist endeavor." This update sparked a new debate about a potential ban on the AfD. The agency justified the new assessment based on a prevalent ethnic-national ideology within the party. For example, the Office for the Protection of the Constitution into question declarations by AfD functionaries such as "Every foreigner added to this country is one too many."
- The Constitutional Protection's temporary standstill of classifying the Alternative for Germany (AfD) as a "securely right-wing extremist" entity has been met with celebration by the party's leaders.
- AfD leaders, including Alice Weidel, Tino Chrupalla, and Sebastian Münzenmaier, have publically expressed satisfaction with this development, viewing it as a small victory in their legal dispute with the Constitutional Protection.
- The Federal Office for the Protection of the Constitution will continue observing the AfD only as a case under suspicion, pending the outcome of the urgenct legal procedure initiated by the AfD themselves.
- The duration of the urgent legal dispute is uncertain, with the Federal Office for the Protection of the Constitution having until the end of the next week to submit its stance to the court, potentially leading to weeks or even months of proceedings before a final decision is reached.
