Skip to content

The legal safeguard of the Alternative for Germany (AfD) poses a threat to right-wing extremism in the constitutional framework

Classification of AfD as Firmly Entrenched Far-Right Extremist Within Constitutional Realm

Berlin HQ of AfD (Alternative für Deutschland) under scrutiny
Berlin HQ of AfD (Alternative für Deutschland) under scrutiny

AfD Labeled as Confirmed Far-Right by the Office of the Protection of the Constitution: What Does This Mean for the Party?

This latest development casts a dark cloud over the Alternative for Germany (AfD) party. The Office of the Protection of the Constitution, a German independent federal authority, has classified the AfD as a confirmed far-right party. This designation lowers the observational and information-gathering measures threshold for the agency.

The reduced threshold means more scrutiny for the AfD, intensifying the heat on the party that has already faced numerous legal challenges over the past years. The court is yet to decide on AfD's emergency application challenging this new classification.

The Office of the Protection of the Constitution has given the AfD this designation due to "a disregard for human dignity and an extremist orientation" that extends throughout the party. This allegation comes after a decade-long review of the AfD's activities, intensifying discussions regarding a potential ban against the party.

Upon receiving the classification, the AfD promptly filed a lawsuit and an emergency application with the Administrative Court of Cologne, its legal jurisdiction since the Federal Office for the Protection of the Constitution is based in the city. The courts have previously ruled against the AfD in similar cases in 2022 and 2021.

Initially, the court was set to rule on the application in July 2021, but it was delayed until March 2022 due to the late submission of documentation by the Office of the Protection of the Constitution. Despite the delayed ruling, the AfD's emergency application and lawsuit both failed.

Until the court makes a decision on the AfD's new classification, neither the agency nor the courts have made any content-related decisions regarding the upgrade. Moreover, the Office of the Protection of the Constitution has agreed to remove the press release about the classification from its website in response to the AfD's stay-of-action assurance.

Although the AfD's co-chairs Tino Chrupalla and Alice Weidel have described the stay-of-action assurance as "a partial success," it is important to remember that no decision has been made yet on the matter. In a statement to the German Editorial Network, constitutional law professor Markus Ogorek emphasized that the current step tells nothing about the legality of the AfD's upgrade.

Alexander Throm (CDU), the interior spokesman for the Union faction in the Bundestag, and Clara Bünger, the legal policy spokeswoman for the Left in the Bundestag, further emphasized that the current situation is just a normal legal interim regulation and nothing more.

During these turbulent times, it remains essential to stay informed about the ongoing situation with up-to-date news and official announcements from reliable sources to understand the complex circumstances surrounding the AfD's legal challenges.

  1. The classification of the Alternative for Germany (AfD) as a confirmed far-right party by the Office of the Protection of the Constitution indicates more scrutiny and lower observational and information-gathering measures for the party.
  2. The AfD's lawsuit and emergency application, filed in response to the new classification, are being overseen by the Administrative Court of Cologne, a court with previous rulings against the party in similar cases.
  3. The Office of the Protection of the Constitution's designation of the AfD as a confirmed far-right party is based on their disregard for human dignity and extremist orientation, which has been evident throughout the party after a decade-long review.
  4. The court's decision on the AfD's emergency application is still pending, and the Office of the Protection of the Constitution has agreed to remove their press release about the classification from their website in response to the AfD's stay-of-action assurance.

Read also:

Latest

Advancements in various domains reported

Progress Reports

Brazil's Caixa Loterias Secures Fixed-Odds Betting Authorization from the Government for Retail and Online Betting Services until 2029