The AfD group is set to receive a verdict from the Judicial Authority in November, following a dispute with the state administration over data related to Verfassungsschutz's operations. This conflict ensued after the AfD group lodged a lawsuit due to the state administration's reluctance to answer their parliamentary inquiries from the previous year. These inquiries focused on allegations that Verfassungsschutz was using false identities in chat groups and social networks while investigating politically motivated crimes.
The state administration argued confidentiality clauses associated with Verfassungsschutz operations prevented them from disclosing information. The AfD group contended this infringed upon their right to obtain information. In response, the state administration opted to ignore the inquiries, sparking the legal tussle between the two parties.
Legally speaking, this dispute involved several intricate aspects. Initially, the domestic intelligence agency, BfV, placed the AfD under surveillance in March 2021, due to their perceived links with right-wing extremism. The AfD challenged this decision in court, resulting in a pause in the surveillance programme by a German court in March 2021. The court required the authorities to allow the AfD time to conclude their legal challenge before continuing with surveillance.
Later, the Administrative Court of Cologne ruled that there was sufficient evidence to permit the BfV to continue monitoring the AfD. They found the party was advocating an anti-constitutional ethnic concept, which justified the enhanced scrutiny. Predictably, the AfD vowed to appeal the decision, marking a significant escalation in their confrontation with the state administration.