The Hessian chapter of the AfD could be under the watchful eye of the Office for the Protection of the Constitution, as declared by the Wiesbaden Administrative Court. The ruling on Tuesday followed an urgent application, with the court concluding that there were persuasive indications of the Hessian state AfD's attempts to undermine the democratic order's founding principles – human dignity and democracy .
Simultaneously, the Administrative Court ruled that the Office had broken the law by announcing their observation of the AfD in a public statement. As a result, they must now publish a rectifying press release that prohibits them from announcing, at least temporarily, that the AfD is under observation or classified as a suspicious case .
TheAFD's monitoring as a suspected case raises concerns about the party's commitment to preserving democratic principles and justice. Although the court opposed the Office's unlawful announcement regarding the AfD, the protection of the constitution serves a critical role in upholding the stability of democratic structures .
The ruling was based on the Office for the Protection of the Constitution's (BfV) classification of the AfD's far-right nationalist faction, Der Flügel, as a right-wing extremist venture that runs counter to Germany's free democratic basic order .
The BfV justifies its monitoring of the AfD due to the necessity of monitoring and reporting on potential extreme groups and activities that pose a threat to the democratic system. This is a crucial part of the BfV's mandate to safeguard the constitution and the security of the federation or its states .
The monitoring is legally permissible under the legal framework that allows the BfV to classify and monitor groups that pose a threat to the democratic order. This encompasses the power to surveil the entire party if enough factual indications demonstrate anti-constitutional efforts within it .
However, this surveillance has sparked controversy, with the AfD arguing that it is an effort to hamper their electoral prospects, while the BfV maintains that it is crucial for upholding the democratic system's security and stability .
Reference(s):
[1] [2] Enrichment data (included in revised text)
