Navigating the AfD: Should Public Officials with AfD Affiliation Lose Their Jobs? "There's No Absolute Rule"
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Is there an automatic requirement to dismiss AFD officials? (there is no automatic procedure) - "No Pre-programmed Responses Exist"
What's the fallout of classifying the federal AfD as securely right-wing extremist? Though the domestic intelligence agency has put the assessment on hold pending a court decision, the decision of the constitutional protection agency is the talk of the town.
In particular, civil servants are under the limelight. Can officials holding AfD membership retain their posts, or must the state safeguard itself against adversaries of the constitution? The Greens in the Baden-Württemberg state parliament are now advocating for a systematic review of officials with AfD membership. How realistic is this? Let's delve into the main questions and answers.
Do all officials with AfD membership now face job uncertainties?
Not necessarily. "There's definitely no hard-and-fast rule," says Kai Rosenberger, head of the civil service union in Baden-Württemberg. The focus is always on the individual behavior of each official. "If someone is a functionary in the AfD, then the risk is certainly higher than if they are a regular member," says the union head.
Officials who, in their statements or conduct, challenge the free democratic order, must be prepared for their behavior to be scrutinized and potentially face dismissal. Rosenberger mentions, for example, AfD members who publicly called for the dissolution of the Bundestag during the election campaign. "Anyone advocating such slogans must definitely expect it."
However, he also points out that not only right-wing extremist activities can warrant termination. He could envision similar proceedings against left-wing extremists or individuals advocating radical Islamic views.
Are there special regulations for public officials?
Yes, says Judith Froese, professor of public law at the University of Constance. "The gist behind this is that the state relies on people who serve it and who represent it. Therefore, it's fundamentally crucial that enemies of the constitution don't infiltrate the state machinery."
Public officials have pledged allegiance to the free democratic order with their oath of office, argue the Green politicians Andreas Schwarz and Oliver Hildenbrand, who are advocating for a systematic review of officials with AfD party membership. This oath is mandated by the state civil service law. With the oath, civil servants vow, among other things, to respect and protect the Basic Law, the state constitution, and the law.
"Membership in a right-wing extremist party is obviously contrary to this," write the politicians in a letter to Interior Minister Thomas Strobl (CDU). This raises significant questions for officials with AfD party membership who work in the justice system and in security authorities.
Have there been dismissals from the civil service already?
In 2021, the then AfD member of the Bundestag and former public prosecutor Thomas Seitz was terminated from the civil service. A disciplinary proceeding had been ongoing against him since 2016. The responsible service court cited Seitz's xenophobic, Islamophobic, and judiciary-delegitimizing statements as the reason behind the termination, stating that his behavior rendered him incapable of being an effective public prosecutor again.
The frequency of dismissals from the civil service in the Southwest remains unclear. "No corresponding statistics are available," a spokesperson for the Ministry of the Interior stated. Rosenberger, the head of the civil service union, knows of only a few cases where civil servants have actually been removed from service. "I hear about it every few years," he says. So far, no member of the civil service union has come forward who is an AfD member and is concerned about possible consequences.
The Greens propose examining AfD members. What's the reasoning behind that?
The parliamentary group leader Andreas Schwarz and his deputy Oliver Hildenbrand argue that the AfD poses a threat to the values enshrined in the Basic Law and jeopardizes democracy. Politics must safeguard democracy from its adversaries, claim the Green deputies. In their view, the state government must take measures to protect the state from enemies of the constitution within its own ranks.
What's the counter argued?
Rosenberger, the head of the civil service union, views systematic inspections as difficult to implement in practice. After all, the state usually does not know whether its civil servants are party members or not. "A party membership card falls under data protection and does not need to be specified upon hiring."
The Ministry of the Interior had previously advocated for a unified approach across all federal states. "The question of how AfD membership affects male and female civil servants should not be resolved differently in individual states," a spokesperson said. "A patchwork is to be avoided." The issue should be thoroughly discussed at the next Interior Ministers' Conference in June in Bremerhaven. "Punitive actions are not currently appropriate," the ministry spokesperson said.
If the situation changes, should the AfD eventually be prohibited?
Yes, says legal scholar Judith Froese from the University of Constance. "If the AfD were to be banned, we would find ourselves in an entirely different situation." If the Federal Constitutional Court declares the party unconstitutional, dissolution is also compulsory, the professor explains. "If a civil servant is a member of a banned party or a successor organization, such behavior is typically considered a serious breach of duty." Severe disciplinary proceedings leading to dismissal from service could be permissible in such a case.
What's the backdrop behind the entire debate?
The Office for the Protection of the Constitution declared on Friday that it considers the federal AfD to be securely right-wing extremist. The AfD has filed a lawsuit against the classification in the meantime. Until a court decision on an interim procedure, the Federal Office will no longer publicly refer to the party as a "secure right-wing extremist endeavor." In the legal battle with the AfD, the domestic intelligence agency provided a so-called "standstill undertaking."
In Baden-Württemberg, the AfD state association is classified as a suspected right-wing extremist case and is under observation by the Office for the Protection of the Constitution. The state party has filed several lawsuits against the Administrative Court Stuttgart, with no success as of the end of March.
- The Greens in Baden-Württemberg propose examining AfD members, arguing that the party poses a threat to the values enshrined in the Basic Law and jeopardizes democracy.
- According to Judith Froese, a professor of public law at the University of Constance, if the AfD were to be banned as unconstitutional, a civil servant who is a member of the party or a successor organization could face severe disciplinary proceedings leading to dismissal from service.
- Kai Rosenberger, head of the civil service union in Baden-Württemberg, holds a different view, stating systematic inspections could be difficult to implement in practice due to data protection laws, as party membership cards do not need to be specified upon hiring.
- The Ministry of the Interior, in its turn, had previously advocated for a unified approach across all federal states and avoiding a patchwork in the handling of AfD membership among civil servants, suggesting a thorough discussion at the next Interior Ministers' Conference in June.
