Dealing with the AfD: Should AfD officials retain their jobs? "There's no blanket policy"
Should Party Members of AfD Face Exclusion? - No predetermined actions or reflexive responses exist.
What are the repercussions of the federal AfD being labeled as firmly right-wing extremist? Although the domestic intelligence agency has paused this classification pending a court decision, the decision by the Constitutional Protection Agency is causing a commotion.
The focus is on public servants. Can officials affiliated with the AfD continue in their positions, or should the state protect itself from adversaries of the democratic order? The Greens in the Baden-Württemberg state parliament are now advocating for a comprehensive review of officials linked to the AfD. Is this feasible? Let's examine the key questions and answers.
Should all AfD-affiliated officials now worry about their jobs?
No. "There's definitely no automatism," states Kai Rosenberger, head of the civil service union in the state. It's always the individual conduct of the civil servant that counts. "If someone is a functionary in the AfD, the risk is certainly higher than if they are just a regular member," notes the trade unionist.
However, officials who, through their statements or actions, demonstrate opposition to the free democratic order should anticipate a review of their conduct and possibly face termination from service. For instance, Rosenberger cites AfD members who publicly advocated for the dissolution of the Bundestag during the election campaign. "Anyone advocating such slogans should definitely expect it."
He also points out that not only right-wing extremist activities can serve as grounds for dismissal. He could envision similar proceedings against left-wing extremists or, for example, supporters of Islamist viewpoints.
Do civil servants face special regulations?
Yes, asserts Judith Froese, professor of public law at the University of Constance. "The reasoning behind this is that the state relies on individuals working for it and representing it. Therefore, it is essential that constitutional adversaries do not infiltrate the state apparatus."
Civil servants, with their oath of allegiance to the free democratic order, argue Green politicians Andreas Schwarz and Oliver Hildenbrand, who are calling for a comprehensive review of officials linked to the AfD. This oath is enshrined in the state civil service law. With it, civil servants pledge, among other things, to respect and uphold the Basic Law, the state constitution, and the law.
"Membership in a right-wing extremist party is obviously at odds with this," the politicians write in a letter to Interior Minister Thomas Strobl (CDU). This raises serious queries for officials with AfD party affiliation who work in the judiciary and security authorities.
Have there been dismissals from public service?
In 2021, the then AfD member of the Bundestag and former public prosecutor Thomas Seitz was dismissed from the civil service. A disciplinary proceeding against him had been underway since 2016. The responsible judicial service court cited Seitz's statements against migrants, Islam, and the undermining of the judiciary as the reason for his dismissal from the civil service. His behavior made it impossible for him to resume public prosecutor duties in the future, it was stated.
The exact frequency of dismissals from the civil service in the Southwest isn't clear. "No such figures are available," a spokesperson for the Ministry of the Interior stated. The head of the civil service union, Rosenberger, only knows a few cases where civil servants have been actually dismissed. "I hear about it every few years," he says. To date, no member of the civil service union has contacted him who belongs to the AfD and is now concerned about possible consequences.
The Greens advocate inspections of AfD members. Why is this?
The Greens argue that the AfD is threatening the values enshrined in the Basic Law and endangering democracy. Politics must protect democracy from its adversaries. In the view of the Green members of the state parliament, the state government must therefore take measures to protect the state from adversaries of the constitution within its own ranks.
What's against it?
The head of the civil service union, Rosenberger, considers comprehensive inspections impractical to implement in practice. Because: The state usually does not even know whether its civil servants are members of a party or not. "A party membership card falls under data protection and does not have to be disclosed when applying for a job."
The Ministry of the Interior had previously advocated for coordinated action by all federal states. "The question of how AfD membership affects civil servants should not be decided differently in individual states," stated a spokeswoman. "A patchwork should be avoided." The issue should be thoroughly discussed at the next Interior Ministers' Conference in June in Bremerhaven. "Piecemeal decisions are not advisable at this time," added the ministry spokeswoman.
Would the situation change if the AfD were to be banned at some point?
Yes, asserts legal scholar Judith Froese from the University of Konstanz. "If the AfD were to be banned, we would be in a completely different situation." If the Federal Constitutional Court declares a party unconstitutional, then its dissolution is also mandatory, explains the professor. "If a civil servant is a member of a banned party or an alternative organization, this is often considered a serious breach of duty." Then, severe disciplinary proceedings up to and including dismissal from service could also be permissible.
What is the background to the entire debate?
The Federal Office for the Protection of the Constitution declared on Friday that it considers the federal AfD to be firmly right-wing extremist. The AfD has filed a lawsuit against this classification. Until a court decision on an interim injunction, the Federal Office no longer publicly designates the party as a firmly right-wing extremist endeavor. The legal dispute with the AfD involves the domestic intelligence agency providing a so-called standstill undertaking.
In Baden-Württemberg, the AfD state association is classified by the Office for the Protection of the Constitution as a suspected right-wing extremist case and is under surveillance. The state party has filed multiple lawsuits against this. At the end of March, it failed with a lawsuit before the Administrative Court Stuttgart.
Enrichment Data:The classification of the Alternative für Deutschland (AfD) as firmly right-wing extremist by the Federal Office for the Protection of the Constitution (BfV) could lead to significant consequences for civil servants affiliated with the party:
- Dismissals: State governments, especially those led by CDU or its sister parties, have announced plans to review and potentially dismiss AfD members from public service roles, such as police officers and teachers. This is due to the expectation that public servants must fully support the democratic order, which could be compromised by membership in an extremist party.[4]
- Career Challenges: Membership in a classified extremist party may lead to challenges in career progression or even job loss for public servants, as it may be perceived as inconsistent with their professional duties. This might prompt some members to consider resigning from the party in order to protect their careers.[4]
- Scrutiny and Audits: There will likely be increased scrutiny and audits of AfD members in public service to ensure compliance with democratic principles and to assess whether their membership affects their professional conduct.[4]
- Reduction in Public Funding: While not directly affecting civil servants, the potential reduction in public funding for the AfD could further stigmatize the party and its members, indirectly impacting their social and professional standing within government institutions.[3][4]
- Civil servants affiliated with the AfD may face review and potential dismissal from their positions if their conduct opposes the free democratic order, as demonstrated by statements or actions that undermine the democratic order, such as advocating for the dissolution of the Bundestag.
- The state civil service law requires civil servants to uphold the Basic Law, the state constitution, and the law, and membership in a right-wing extremist party, like the AfD, is considered at odds with this, leading to queries for officials with AfD party affiliation, particularly those in the judiciary and security authorities.
- Though the state usually does not know the party affiliations of its civil servants due to data protection regulations, Green politicians have advocated for a comprehensive review of officials linked to the AfD to protect the state from its adversaries, a move that has been met with criticism for its practicality.
- If the AfD were ever banned due to being declared unconstitutional by the Federal Constitutional Court, membership in the party or an alternative organization could be considered a serious breach of duty for a civil servant, potentially leading to severe disciplinary proceedings and dismissal from service.
