After Another Turn in the Long-lasting Spat: AfD Wins Partial Victory Over Constitutional Protection
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Dispute with the Office for the Protection of Constitutional Affairs - AfD: 'Victory for Us' - European legislators endorse alterations in a parliamentary session.
The Constitutional Protection's decision not to permanently classify the Alternative for Germany (AfD) as a "secure right-wing extremist" and their promise to withdraw the corresponding notice from their website has brought about satisfaction within the party. AfD leaders view this step as a partial success in the ongoing legal dispute with the domestic intelligence agency. However, as of now, there is no decision made by the responsible court in this prolonged legal battle.
"This is a step in the right direction," said party leader Alice Weidel. She reiterated her criticism that the observation of her party by the Constitutional Protection is politically motivated. "A good day for us, naturally," added her co-leader Tino Chrupalla. "1:0 for us!" wrote the influential faction vice-president Sebastian Münzenmaier on the X platform.
Previously, the Federal Constitutional Protection had assured in a temporary agreement that it would temporarily refrain from classifying the AfD as a "secure right-wing extremist," despite still considering it justified. The party had filed an urgent application and a lawsuit against this with the responsible administrative court in Cologne and demanded a temporary hold on any decisions until a final resolution is made. The Constitutional Protection has now complied with this demand "without admitting any legal obligation." They declared they would provisionally suspend the classification of the AfD as a secure right-wing extremist "and continue to observe and treat the AfD as a case under suspicion, allowing the court to perform a thorough review in the urgent procedure." The Federal Office itself did not wish to make public statements "due to the ongoing proceedings and out of respect for the court."
From the perspective of Federal Interior Minister Alexander Dobrindt, the temporary hold is nothing significant: "This is the normal course of affairs," said the CSU politician. A final decision will be made by the administrative court until the dispute is resolved. This policy applies to the AfD as well while the legal proceedings are underway.
The entire procedure could take years
How long the urgent procedure will last is uncertain. First, the Constitutional Protection must submit its statement to the court. According to earlier statements by a court spokesman, the agency still has until the end of next week to do so. The entire process could take weeks, months, or even years. Finally, the main procedure will follow. The legal battle over whether the AfD may be classified as a confirmed right-wing extremist continues, which could drag on for several years.
Recalls previous legal standoff with the Constitutional Protection
Similarly, the process was the same when the AfD was classified as a "suspected right-wing extremist." The party had also appealed against this classification. The Constitutional Protection had granted a stay of execution in this case as well, in January 2021. After a long trial, 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. However, the legal dispute continues. The party has filed an appeal with the Federal Administrative Court, which has not yet made a decision.
In the case of a classification as a suspicious case, the Constitutional Protection can already use intelligence services, such as observations, image and sound recordings, or "V-people" - informants who provide information. If an observation object is classified as a confirmed extremist, the threshold for the use of such means is lowered.
Elevation after years of review
On May 2, after years of review, the Constitutional Protection announced that it would henceforth regard the AfD as a confirmed right-wing extremist endeavor. This step triggered a new debate about a possible AfD ban. The agency justified its new assessment primarily due to a predominant ethnic-national concept within the party. For instance, they critically view statements by AfD functionaries such as "Every foreigner one more in this country is one too many."
- Alice Weidel, the AfD leader, expressed satisfaction, stating, "This is a step in the right direction."
- The Constitutional Protection, despite still viewing the AfD as a case under suspicion, has provisionally suspended the classification of the AfD as a secure right-wing extremist.
- Alexander Dobrindt, the Federal Interior Minister, deemed the temporary hold as the normal course of affairs, emphasizing that a final decision will be made by the administrative court.
- The legal battle over the AfD's potential classification as a confirmed right-wing extremist may last for several years, as similar proceedings in the past have taken considerable time to resolve.
