The AfD Triumphs Over the BfV: A Partial Victory in the Constitutional Quarrel
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Controversy with the Office for the Protection of the Constitution - AfD: Victory in Our Favor - European lawmakers have approved the proposed modifications.
The German Federal Office for the Protection of the Constitution's (BfV) about-face on classifying the Alternative for Germany (AfD) as a "conclusively far-right extremist" organization has elicited jubilation from the party. AfD leaders view this move as a significant stride in their legal war with the domestic intelligence agency. However, a final decision on this long-drawn-out legal battle remains elusive.
"This is a step in the right direction," declared AfD co-chair Alice Weidel. She reiterated her long-standing claim that the BfV's observation of her party is politically biased. "A win for us, of course," added her co-chair Tino Chrupalla. "1:0 for us!" exclaimed influential AfD parliamentary deputy Sebastian Münzenmaier on the platform X.
The BfV had earlier promised in a temporary agreement that it would temporarily forgo classifying the AfD as a "conclusively far-right extremist organization." The party had promptly filed an emergency application and a lawsuit against this at the Administrative Court of Cologne, demanding a standstill agreement until a verdict is reached in the expedited proceedings. The BfV has now conceded to this demand without conceding a legal obligation. It pledged to provisionally suspend the classification of the AfD as a "conclusively far-right extremist organization" and continue to observe and treat the AfD solely as a possible case "to enable the competent court to conduct a thorough review in the expedited proceedings." The BfV itself opted to remain silent "due to the ongoing proceedings and out of respect for the court."
According to Federal Minister of the Interior Alexander Dobrindt, the standstill agreement is unremarkable: "This is the usual procedure in the process," remarked the CSU politician. Until the decision of the administrative court, the AfD's classification in the expedited legal proceedings will be retains its previous status.
The timeline for the expedited proceedings is uncertain. First, the BfV must submit its statement to the court. According to a court spokeswoman, the authority has until the end of the following week to submit its response. The actual proceedings could then last for weeks or months. Finally, the proceedings on the merits follow. The legal battle over whether the AfD may be labeled as "conclusively far-right extremist" could stretch over several years.
Similarly, the initial classification as a possible case was contested by the party. The constitutional protection office had also issued a stay of proceedings in this case in January 2021. After a lengthy process, 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 possible case. However, the legal dispute persists. The party has filed an appeal with the Federal Administrative Court, which remains unresolved.
When a classification as a possible case is assigned, the constitutional protection office can deploy intelligence services, such as observations, audio and visual recordings, or informants who provide information. The bar for using such means is lower for an observation object classified as securely extremist.
The constitutional protection office announced a significant upgrade for the AfD on May 2, 2025, after years of examination. This decision reignited the debate about a potential AfD ban. The office principally based its new assessment on the party's ethnic-ancestral people's concept. For example, the constitutional protection office rebukes statements by AfD functionaries such as "Every foreigner in this country is one too many."
- AfD
- Constitutional Protection Office
- Re-Evaluation
- Legal Dispute
- Promise
- Berlin
- Alice Weidel
- Chief
- Tino Chrupalla
- Ice
- Administrative Court Cologne
Extra Insights:
- According to enrichment data, the BfV had originally designated the AfD as a far-right extremist organization on May 2, 2025, citing the party's views on human dignity, democracy, and the rule of law, as well as its xenophobic and Islamophobic ideology.[1][3]
- The AfD claims that the BfV's actions represent an abuse of power by attempting to criminalize opinions and criticisms, which could harm the principles of German democracy.[1]
- The BfV's designation allows authorities to monitor the party more closely. The AfD views this as a serious blow to German democracy and has vowed to exhaust all legal means to defend its position.[3]
- The AfD's leadership views the BfV's concession as a victory in their long-standing legal battle, with Alice Weidel, Tino Chrupalla, and Sebastian Münzenmaier expressing their joy.
- The BfV has agreed to provisionally suspend classification of the AfD as "conclusively far-right extremist," but the final decision remains uncertain due to ongoing expedited proceedings.
- The AfD filed an emergency application and a lawsuit against the BfV to prevent the initial classification, and a similar legal dispute over an earlier classification as a right-wing extremist possible case persists.
- The classification as a possible case allows the constitutional protection office to use various surveillance methods, while a securely extremist classification would lower the bar for such measures.
