Unleashing the Legal Battle: AfD Challenges BfV's Classification
Far-right political party, AfD, files another lawsuit against the Federal Office for the Protection of the Constitution - lawsuit filed by AfD over constitutional protection
In an unprecedented move, the Alternative for Germany (AfD) has thrown its hat into the ring, suing the Federal Office for the Protection of the Constitution (BfV) over the latter's designation of the party as a "right-wing extremist endeavor." The lawsuit, accompanied by an urgent application, was filed with the Administrative Court of Cologne (AZ 13K3895/25 and 13L1109/25), with the BfV headquartered in Cologne.
This dramatic turn of events follows the BfV's upgrade of the AfD to a "secured right-wing extremist endeavor" based on their "human dignity-violating, extremist shaping of the entire party." The BfV argued that the ethnic-nationalist understanding of the people within the party is not compatible with the free democratic basic order.
The lawsuit accuses the BfV of acting illegally, describing such a move as a "state intervention in democratic competition," considering the upcoming municipal and state elections this and next year. AfD fears that the BfV's label could cause irreparable damage among voters, with political competitors potentially calling for a party ban procedure and disciplinary measures against civil service members of the AfD.
However, it's not only the AfD's membership that's shown a surge since the classification. The party reported a significant increase in membership, with 1,000 applications in just three days, surpassing the daily rate of 50 applications, and currently stands at 60,000 members.
Meanwhile, political leaders have weighed in on the matter, but with differing opinions. While the designated Chancellor, Friedrich Merz, has remained diplomatic, stating that it's the responsibility of the next federal government to evaluate and assess the report from the BfV, the designated Minister of Justice, Stefanie Hubig of the SPD, has indicated her intention to address the matter promptly after taking office. Merz, however, opposes the election of AfD members to committee chairs in the Bundestag, given the BfV's classification of the party as right-wing extremist.
If the legal proceedings drag on, the AfD has initiated an "urgent urgent procedure" to expedite the process and has also demanded a standstill assurance from the Office for the Protection of the Constitution, with a stay order from the court to follow if the assurance is not given, obligating the intelligence service to refrain from action until a decision is made in the urgent matter.
As the dust settles, the political landscape in Germany shifts with this decisive action by the AfD, putting the BfV's classification, the ongoing legal battle, and its impact on the AfD's future under the microscope.
Enrichment Data
- The lawsuit, filed on May 2, 2025, challenges the BfV's classification of the AfD as a "secured right-wing extremist endeavor," which allows authorities to intensify surveillance, including the recruitment of informants and interception of party communications. (Source: [1])
- The BfV's decision was based on a three-year investigation, concluding that the AfD promotes racist, anti-Muslim, and exclusionary views incompatible with Germany's free democratic order. (Source: [1])
- In addition to the increased scrutiny, the German Parliament may now consider measures such as restricting public funding for the AfD, and there's ongoing debate about whether to attempt an outright ban. (Source: [1][2])
- The AfD's lawsuit is part of a broader strategy to use all legal means to defend itself, but the legal battle and heightened scrutiny could impact the party's public image and political credibility. (Source: [1][2])
- The designation by the BfV raises questions about how mainstream political parties and the incoming government will engage with or isolate the AfD in parliamentary and public discourse. (Source: [2])
- The community is vying for aid to combat the negative repercussions stemming from the AfD's legal battle against the BfV's classification, considering the potential implications for the less favored regions.
- The General News section has intensely covered the AfD's lawsuit, discussing the policy-and-legislation ramifications, politics, and crime-and-justice aspects related to the proceedings.
- The Bundestag is contemplating aid for the development of the less favored regions, taking into account the concerns that the BfV's classification and the subsequent legal battle might generate a backlash against the AfD, possibly affecting the party's voter base.
- The AfD has voiced concerns about skeptical stances towards the party and the ongoing legal proceedings impacting the aid for the development of the less favored regions, which they claim have suffered due to inadequate investment and infrastructure support.
- Proceedings and policy-and-legislation experts are classifying the AfD's lawsuit as a crucial move, with the potential to shape aid for the development of the less favored regions by influencing political policies and resource allocation decisions.
