AfD state chief: Debate about Höcke: How basic rights can be withdrawn

In view of the strengthening of the AfD, the fundamental rights of the Thuringian state leader Björn Höcke are being discussed. There is a collection of signatures to advance an application for the deprivation of certain fundamental rights. The Office for the Protection of the Constitution classifies the Thuringian AfD regional association as definitely right-wing extremist.

What is forfeiture of fundamental rights?

Such a step is intended to protect democracy in Germany from anti-constitutional efforts. “The regulation is considered an expression of defensive democracy,” write the Bundestag’s scientific services. Article 18 of the Basic Law states: Anyone who abuses freedom of expression, in particular freedom of the press, freedom of teaching, freedom of assembly, freedom of association, secrecy of letters, mail and telecommunications, property or the right to asylum to fight against the free democratic basic order, forfeits these fundamental rights. Fundamental rights such as human dignity or religious freedom remain unaffected by such a possible step.

Which requirements must be met?

According to the scientific services, the person affected must be seen to be aggressively, purposefully fighting and wanting to eliminate democracy in Germany, both now and in the future. It is not necessary to use violence or criminal acts; the fight against the free, democratic basic order can also be of a spiritual nature.

What consequences can there be for those affected?

For example, there is the possibility of depriving someone of the right to vote, be elected, hold public office or participate in meetings. In addition to the full forfeiture of the fundamental rights mentioned in Article 18, the step can also be limited to certain areas (e.g. political activity) or to a certain period of time (at least one year).

How does such a procedure work?

The Federal Constitutional Court decides on the forfeiture and its extent. The Bundestag, the federal government or a state government can submit applications, not private individuals. First, the person affected can comment on the allegations. The court then decides in a preliminary procedure whether the application is admissible and sufficiently justified. If the answer is yes, an oral hearing will be prepared through preliminary investigations and the preservation of evidence.

Have there already been forfeiture proceedings?

Yes, but only four. And all of them have already failed in the preliminary proceedings. In 1960, an application against the deputy head of the Socialist Reich Party, Otto Ernst Remer, was rejected, and in 1974 an application against the editor of the German National Newspaper, Gerhard Frey. In both cases, the judges justified the rejection by saying that those affected did not pose a sufficient threat to democracy. Her statements no longer caused any particular resonance. In 1996, Karlsruhe denied a violation of fundamental rights against two non-prominent, alleged right-wing extremists.