Senator Advocating for Justice: Current Procedure for Banning AfD Is Far From Succeeding
In a recent statement, Justice Senator Felor Badenberg (CDU) has proposed a controversial measure to address the issue of right-wing extremism within the Alternative for Germany (AfD) party. Badenberg suggests the use of the instrument of loss of fundamental rights as another possible solution.
Badenberg, who has previously referred to legal possibilities that have been little used so far, believes that the loss of fundamental rights could be enacted under Article 18 of the German Basic Law. This article allows for the temporary revocation of active and passive voting rights, as well as the ability to hold public offices, in certain circumstances.
The senator's comments come in the wake of ongoing debates about the AfD's alleged actions against the liberal democratic basic order. Badenberg states that there is a lack of sufficient evidence that the AfD is deliberately and actively acting against this order, but he believes that the case of Björn Höcke, the chairman of the Thuringian AfD, could have served as a clear message.
Höcke has been involved in initiatives aiming to deprive basic rights according to Article 18 of the Basic Law, although detailed records of others who have actively followed this specific constitutional initiative beyond his involvement are limited. Badenberg believes it was a mistake that this procedure was not initiated years ago in the case of Höcke.
In addition to the loss of fundamental rights, Badenberg also proposes the consideration of banning individual state associations of the AfD deemed securely right-wing extremist. The initiative for such a ban would fall to the respective state governments.
However, Badenberg also acknowledges that a nationwide AfD ban procedure is currently not enforceable. Instead, he suggests targeting individual AfD state associations, arguing that merely speaking about 'remigration' is not sufficient; a concrete implementation concept is required.
This proposal has sparked debate, with some arguing that it infringes on the party's right to free speech, while others believe it is a necessary step to combat the growing threat of right-wing extremism in Germany. The discussions are likely to continue as the issue remains a contentious one in German politics.
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