After a Shift in Perspective: Dispute Regarding the Constitutional Protection - AfD: "Goal Achieved"
Clash with the Office for the Protection of the Constitution - AfD declares victory: 'Score in our favor' - European Parliament endorses changes in the proposed legislation
The German Federal Office for the Protection of the Constitution's (BfV) decision to initially not label the AfD as absolutely right-wing extremist and remove the corresponding statement from its website has been warmly received by the party. AfD leaders consider this move as a partial victory in their ongoing legal dispute with the domestic intelligence agency. However, no final decisions have been made by the competent court for this potential prolonged legal battle.
"This is a positive step in the right direction," asserted AfD co-chair Alice Weidel. She reiterated her argument that the BfV's observations of her party are allegedly motivated by politics. "Certainly a good day for us," added her co-chair Tino Chrupalla. "1:0 for us!" wrote Sebastian Münzenmaier, a prominent AfD member of parliament, on the platform X.
Earlier, the BfV had promised in a temporary "standstill pledge" to temporarily halt its new classification of the AfD as an absolutely right-wing extremist endeavor, despite still considering it justified. The party had filed an urgent application and a lawsuit against this at the Competent Administrative Court of Cologne and demanded a standstill pledge until a decision was made during the urgent procedure. The BfV has now complied with this demand "without acknowledging a legal obligation." It stated that it would temporarily refrain from classifying the AfD as an absolutely right-wing extremist endeavor and continue to observe and assess the AfD as a suspected case "in order to allow the court making the final decision to perform a comprehensive examination during the urgent procedure." The BfV has chosen to remain discreet "in light of the ongoing court proceedings and out of respect for the judicial system."
From Minister of the Interior Alexander Dobrindt's perspective, the standstill pledge is not a cause for concern: "This is the usual course of proceedings," said the CSU politician. Until the decision of the administrative court, the classification of the applicant in the urgent legal procedure remains at the previous level. This also applies to the AfD in this case.
But how long will all this endure?
It remains uncertain how long the urgent procedure will last. Initially, the BfV must submit its statement to the court. The authority has until the end of next week to do so, according to earlier statements by a court spokesperson. The actual procedure can then take weeks or months. Finally, the main proceedings follow. The ongoing legal battle over whether the AfD can be classified as an absolutely right-wing extremist endeavor may persist for several years.
Resembling earlier conflict
Likewise, the procedures occurred when the AfD was classified as a "suspected case." The party submitted an appeal against this as well. The Office for the Protection of the Constitution made a "stay of proceedings" pledge in this case in January 2021. After a protracted process, the AfD ultimately lost at the Higher Administrative Court of North Rhine-Westphalia in March 2022, ruling that the AfD had been correctly classified as a right-wing extremist suspected case. However, the legal battle persists. The party has submitted a complaint to the Federal Administrative Court, which has yet to rule.
In the case of a classification as a suspicious case, the Office for the Protection of the Constitution can already use actions such as observations, audio/video recordings, or "V-people" - trustworthy individuals who provide information. If an examination object is classified as absolutely extremist, the threshold for the use of such methods decreases.
Elevation following years of review
On May 2, after years of evaluation, the Office for the Protection of the Constitution announced that it would now consider the AfD an absolutely right-wing extremist endeavor. This step fueled a renewed debate about the potential banning of the AfD. The authority justified its new assessment primarily based on an ethnic-heritage peoples' concept prominent within the party. For example, the Office for the Protection of the Constitution criticizes statements by AfD functionaries such as "Every foreigner in this country is one too many."
- The AfD's co-chair, Alice Weidel, asserted that the Federal Office for the Protection of the Constitution's (BfV) decision to temporarily halt classifying the AfD as an absolutely right-wing extremist is a positive step in the right direction.
- Tino Chrupalla, another AfD co-chair, coincided with Weidel, stating it as a 1:0 victory for the party.
- The BfV's temporary standstill pledge, in response to AfD's urgent application and lawsuit, allows the Competent Administrative Court of Cologne to perform a comprehensive examination during the urgent procedure.
- Conservative politician, Alexander Dobrindt, views the standstill pledge as the usual course of proceedings, with the classification of the applicant remaining at the previous level, which includes the AfD in this case.
- The ongoing legal battle against the AfD's classification as an absolutely right-wing extremist endeavor may persist for several years, with potential implications on the methods the Office for the Protection of the Constitution can use, such as observations, audio/video recordings, or "V-people."
