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Update on the Classification of the Alternative for Germany (AfD) Party
The AfD, Germany's Alternative for Germany party, has seen a shift in its classification by the Federal Office for the Protection of the Constitution (BfV). Initially labeled as a "right-wing extremist" group, the BfV has held off on publicizing this classification due to ongoing legal controversies[1].
The BfV's Halt
The BfV has decided to halt the upgrade of the AfD's status, primarily due to ongoing legal disputes. This move highlights the dilemma faced by German authorities regarding balancing security concerns and legal prerequisites[1].
As a consequence, the Federal Office for Constitutional Protection (BfV) will refrain from labeling the AfD as a "right-wing extremist" endeavor in public statements. They have issued a "standstill undertaking" in their legal battle with the AfD, preventing them from referring to the party as an extremist undertaking until a court decision[2].
A spokesperson for the Administrative Court of Cologne confirmed the receipt of this letter from the Authority. The BfV has opted to remain uncharacteristically silent on the matter "given the ongoing proceedings and out of consideration for the court's decision[2]."
The date for the decision in the interim procedure remains undisclosed. The AfD contested the initial classification by the BfV and, instead, sought legal recourse through the court[2].
Precedent for Undertakings
This isn't the BfV's first instance of issuing such a standstill undertaking. They did so previously in January 2021 when the AfD lodged a lawsuit against its previous classification as a "suspicious case[3]." Despite two unsuccessful court bids, the Higher Administrative Court of Münster's decision isn't yet binding law[3].
The undertaking applies not only to public statements but also prohibits the BfV from treating the AfD as a confirmed "extremist" group until a verdict has been reached[3]. However, the BfV may continue to observe the AfD as a questionable case, which requires a higher threshold for the employment of intelligence methods[3].
AfD co-leader Alice Weidel hailed this development as a milestone for the AfD and democracy. She vowed to continue battling against the party's unjustified defamation, confident of eventual success[3].
Multi-Year Examination by the BfV
The BfV's classification followed a thorough, multi-year examination of the party. The timing of the announcement, just days before the end of Nancy Faeser's (SPD) term as Federal Minister of the Interior, stirred controversy, with some speculating about a possible AfD ban. Faeser assured that the report from the BfV reached the ministry only on April 28, implying that she had no influence on its content or decision[4].
The BfV justified its new assessment primarily based on the presence of an ethnically-based concept of the people within the party[4]. They also criticized statements such as "Every foreigner more in this country is one too many," made by AfD functionaries[4].
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[1] Source 1[2] Source 2[3] Source 3[4] Source 4[5] Source 5
- The Federal Office for Constitutional Protection (BfV) has decided to suspend the upgrade of the Alternative for Germany (AfD) party's status, as a result of ongoing legal disputes.
- The AfD's co-leader, Alice Weidel, has celebrated this development as a significant milestone for the party and democracy.
- This standstill undertaking issued by the BfV is not a first; they previously issued a similar undertaking in January 2021 when the AfD lodged a lawsuit against its previous classification as a "suspicious case."
- This standstill applies not only to public statements but also prevents the BfV from treating the AfD as a confirmed "extremist" group until a verdict has been reached.
