The Constitutional Safety Net for the Right-Wing Extremist AfD: Analyzing the Implications for the Political Group

Rewritten Article:

The German domestic intelligence agency, Federal Office for the Protection of the Constitution, has marked the AfD as a definitively right-wing extremist entity. This classification, confirming suspicions about the party's efforts against the liberal democratic order, lowers the barrier for utilizing intelligence services, such as informants.

The agency noted that an "ethnic-national understanding" within the party contradicts the liberal democratic basic order. It aims to exclude certain population groups from equal participation in society, specifically targeting German citizens with a migration background from Muslim-majority countries.

Statements and positions of the party and leading AfD representatives have been found to violate the principle of human dignity, a crucial factor in the current assessment.

Initially, media reported in February 2021 about a potential classification of the entire party as a so-called case of suspicion. However, the Office for the Protection of the Constitution had to wait around a year due to the Cologne Administrative Court's request before making the assessment public and observing the party accordingly. In May 2024, the Higher Administrative Court of Münster ruled that the Office for the Protection of the Constitution's classification of the AfD as a right-wing extremist case of suspicion was correct. The legal dispute, though, continues.

Party Ban Possibility

While the BfV's observation doesn't directly lead to a party ban, one of the three constitutional organs (Bundestag, Bundesrat, or the federal government) could request a ban from the Federal Constitutional Court, encouraged by the domestic intelligence service's new assessment. SPD politicians advise making preparations for a ban procedure, assuming all appeals are dismissed.

In the previous legislative period, an attempt to ban the right-wing extremist party NPD failed twice. This time, the Bundestag, Bundesrat, and federal government successfully requested the party "Die Heimat" (formerly NPD) to be denied access to additional state financial resources by excluding it from party funding.

Since a constitutional amendment in 2017, parties that, based on their goals or supporters' behaviors, aim to destabilize or abolish the liberal democratic basic order or jeopardize the existence of the Federal Republic of Germany, may face the withdrawal of state funding from tax revenues.

New Legal Disputes?

The AfD, like in previous assessments by the constitutional protection agency, is expected to file a lawsuit against this classification. The courts will then evaluate whether and to what extent the party contravenes fundamental constitutional principles. Initially, the Administrative Court of Cologne will likely be responsible. The party chairmen Alice Weidel and Tino Chrupalla have announced that the party intends to continue defending itself legally.

Political Impact

Whether the AfD will suffer politically remains uncertain. The party succeeded in state elections in the eastern German states of Saxony, Thuringia, and Saxony-Anhalt despite already being classified as securely right-wing extremist in these regions. However, the impact on western federal states may be different.

In recent weeks, the AfD surged in opinion polls, reaching or even exceeding CDU/CSU's values. Yet, in the current ZDF Politbarometer, the Union (27 percent) regained a clear lead over the AfD (23 percent).

In the February 23 federal election, the AfD finished second with 20.8 percent. The level of support for the party in the future will likely hinge on the new black-red coalition's ability to deliver on its promises to impose positive changes in the German economy, minimize illegal entries, and ensure affordability of housing, energy, and food for everyone.

Individual Members' Implications

Belonging to a party classified as right-wing extremist could raise questions about one's loyalty to the constitution. While membership alone doesn't warrant disciplinary consequences for civil servants, each case is considered independently. The same applies to the withdrawal of weapons permits for hunters and shooters. According to Hendrik Cremer from the German Institute for Human Rights, "the state should follow the classification of the AfD by taking disciplinary measures against civil servants who support the party."

Use of Informants

Even with observation as a suspected case, the deployment of intelligence services is already permitted. This includes using informants - people with access to internal information. Additionally, observations or image and sound recordings can be made. However, the principle of proportionality should be upheld in the selection and use of these means. If the observation object is classified as securely extremist, the threshold for the deployment of such means is lowered.

kh/dpa

Integrated Enrichment Data:

The classification of the AfD as a right-wing extremist organization could lead to several consequences:

Heightened Scrutiny: The AfD will face increased surveillance and monitoring by the Federal Office for the Protection of the Constitution, potentially impacting their operational capabilities and fundraising efforts.
Legal and Financial Challenges: The party could face legal disputes, financial restrictions, and audits to limit their access to resources, disrupting their ability to finance campaigns effectively.
Political Marginalization: The AfD might be further excluded from mainstream German politics, as its association with extremism may deter other parties from cooperating or forming coalitions with them.
Diminished Public Support: The classification could erode public support for the AfD, as some voters may be deterred by the association with extremism.
Internal Party Conflict: The designation could potentially spark internal conflicts within the party, possibly prompting leadership challenges or splits among members with differing views on the party's direction.
What if the intelligence agency's labeling of the AfD as right-wing extremist prompts the federal organs to request a party ban from the Federal Constitutional Court, as advised by some SPD politicians?
Remarks and stances of the AfD and its leaders have been discovered to breach the principle of human dignity, a critical factor in their current assessment, but the party is likely to file a lawsuit against this classification in the Administrative Court of Cologne.
The categorization of the AfD as a right-wing extremist entity may lead to increased scrutiny, potentially affecting their operational efficiency and fundraising endeavors.
The legal and financial challenges that may arise from the classification, including audits and potential restrictions on resources, could impact the AfD's ability to fund campaigns effectively.
The classification of the AfD as right-wing extremist might lead to further political marginalization, making it harder for the party to form coalitions or collaborate with other parties in the mainstream German political landscape.