A Partial Victory in the Legal Battle: AfD's Dispute with Constitutional Protection
Dispute with the Office for the Protection of the Constitution against AfD: "Victory for us," asserted the AfD. - European lawmakers have approved the proposed changes.
Tossing aside the initial label as "securely right-wing extremist," the Constitutional Protection's move has sparked joy within the AfD party. Party leader Alice Weidel views this step as a positive stride, repeatedly accusing the observation of her party by the Constitutional Protection as politically motivated. Co-leader Tino Chrupalla echoed her sentiments, praising it as a win for AfD (1:0, indeed!). Even Sebastian Münzenmaier, a faction deputy, rejoiced on the X platform.
The Federal Office for the Protection of the Constitution, in a so-called standstill agreement, promised to momentarily halt its new classification of the AfD as a "securely right-wing extremist endeavor." Although they still consider it justified, they have momentarily kept their judgment in check until a decision is made by the competent court in this drawn-out legal battle. The domestic intelligence agency complied with AfD's request for a standstill agreement, a routine move in such legal proceedings, suspending the classification as a "securely right-wing extremist endeavor" and reverting back to considering it a mere "suspicion case."
Alexander Dobrindt, Federal Minister of the Interior, sees this agreement as par for the course. The classification will remain in place temporarily, pending a decision by the administrative court. If history repeats itself, the court proceedings could extend for years.
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Interestingly, this isn't the first time the AfD has appealed against a classification by the Office for the Protection of the Constitution. Back in 2021, they fought – and ultimately lost – a similar battle against being classified as a right-wing extremist "suspicion case." Despite the loss, the legal dispute remains ongoing. The AfD has taken the case to the Federal Administrative Court, expecting closure on the matter soon.
The classification of the AfD as a "suspicion case" allows for the use of intelligence services, such as observations, video and audio recordings, and informants. However, if classified as "securedly extremist," the threshold for the use of such measures reduces.
A Long-Awaited Pause in the Struggle
The Office for the Protection of the Constitution's upgrading of the AfD to a "securely right-wing extremist endeavor" in May 2025 prompted renewed debate about a potential AfD ban. The agency justified its new assessment primarily on grounds of an ethnic descent-based concept of the people prevailing within the party, criticizing statements such as "Every stranger in this country is one too many" made by certain AfD officials, deemed incompatible with Germany's constitutional principles.
In essence, the ongoing legal dispute between the AfD and the Federal Office for the Protection of the Constitution continues to unfold, with the court deliberating the merits and legality of labeling the AfD as "securedly right-wing extremist." Until then, the intelligence agency is holding back from enforcing further actions against the AfD.
- The AfD party, after the Constitutional Protection's decision to drop the "securely right-wing extremist" label, views it as a positive step in their ongoing legal battle, with party leader Alice Weidel while accusing the initial observation of her party as politically motivated, praising it as a win for the party.
- Although the Federal Office for the Protection of the Constitution still considers the AfD's classification as a "right-wing extremist endeavor" justified, they have temporarily halted their decision, complying with the AfD's request for a standstill agreement and reverting back to considering it a mere "suspicion case."
- Despite the temporary hold, the legal dispute between the AfD and the Federal Office for the Protection of the Constitution remains ongoing, with the case being taken to the Federal Administrative Court and the party expecting closure on the matter soon.
- If the court eventually rules against the AfD, the classification of the party as a "suspicion case" allows for the use of intelligence services, which could potentially be more extensive if the party is classified as "securedly extremist."
