Taking on the AfD: Should Government Officials Be Dismissed for Their Party Affiliation? "No Automatism"
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AFD Officials Dismissed? No Automatic Transference Asserted - "No pre-programmed responses found"
Following the Federal Office for the Protection of the Constitution (BfV) labeling the federal AfD as right-wing extremist (for now, pending a court decision), we're questioning the fate of government officials associated with the party. Let's delve into the pressing issues, keeping it simple and straightforward.
So, What's the Buzz with Offical AfD Members?
Do all civil servants need to worry about their jobs due to their AfD membership? Not necessarily, says Kai Rosenberger, head of the civil service union in Baden-Württemberg. It's all about individual behavior.
"If someone is a party functionary in the AfD, they're likely at a higher risk than a regular member," Rosenberger emphasizes. And rightfully so, as officials who openly defy the liberal democratic order can expect consequences, including dismissal. For instance, any public calls for the disbanding of the Bundestag during election campaigns would be a clear red flag.
Yet, it's worth noting that not just right-wing extremism can lead to dismissal. Rosenberger suggests that left-wing extremism, and even supporters of Islamic views, could potentially face the same penalties.
Special Rules and Exemptions for Government Officials?
Indeed, yes! Says Judith Froese, a public law professor at the University of Constance. "The state depends on its people to represent it impartially, so it's crucial that enemies of the constitution don't infiltrate the state apparatus."
Civil servants, having pledged an oath to uphold the liberal democratic order, can potentially be removed from their posts if their conduct contradicts this oath. Membership in a right-wing extremist party, given its contradiction to the Basic Law, is a prime example.
Dismissals from the Civil Service: Are They Common?
In 2021, Thomas Seitz, a former public prosecutor and AfD member of the Bundestag was removed from the civil service following disciplinary proceedings initiated in 2016. His xenophobic, Islamophobic, and justice-delegitimizing statements were cited as reasons for his dismissal.
Official figures on frequent dismissals from the civil service in the southwest are scarce, according to a Ministry of the Interior spokesperson. But like Rosenberger, the head of the Civil Service Association, claims that such occurrences are rare.
Curiously, no member from the Civil Service Association who's an AfD member has come forward, expressing fear of potential consequences.
Inspections of AfD Members: Is It Justified?
Greens in the Baden-Württemberg state parliament advocate for systematic reviews of government officials with AfD party membership. They argue that the AfD's hostility towards the values of the Basic Law and threats to democracy necessitate protective measures within state administration.
However, implementing systematic inspections poses challenges, according to Rosenberger. Given that the state usually doesn't even know if its civil servants are party members, it could be impractical.
A coordinated approach among all federal states is ideal, as suggested by the Ministry of the Interior. Ultimately, the issue is to be thoroughly discussed at the upcoming Interior Ministers' Conference in June.
The Future: What if the AfD Gets Banned?
If the AfD is ever banned, legal scholar Judith Froese explains, the situation would drastically change. "If a party is deemed unconstitutional, its dissolution becomes obligatory." A civil servant who's a member of a banned party or affiliate organization would then face severe disciplinary action, potentially leading to dismissal.
Background to the Debate
Recently, the BfV classified the federal AfD as a secure right-wing extremist organization. The AfD has since filed a lawsuit against this classification. For now, the BfV refrains from publicly labeling the party as a secure right-wing extremist endeavor, due to the ongoing legal dispute.
In Baden-Württemberg, the AfD state association is under right-wing extremist suspicion and is monitored by the Office for the Protection of the Constitution. Several lawsuits filed by the state party have been unsuccessful, including a recent loss at the Administrative Court in Stuttgart.
- If the AfD is deemed unconstitutional, civil servants who are members of the party would face potential severe disciplinary action, including dismissal.
- In Baden-Württemberg, government officials with AfD party membership may face systematic reviews by the state parliament, as a protective measure against threats to democracy.
- In rare cases, government officials have been dismissed due to conduct that contradicts the civil servant's pledge to uphold the liberal democratic order, even if it's not directly associated with right-wing extremism.
- No automatism exists for the dismissal of civil servants based solely on their party affiliation, as the emphasis is on individual behavior and compliance with the pledge to uphold the liberal democratic order.
