How the AfD is still fighting against the classification of the Office for the Protection of the Constitution

The North Rhine-Westphalian Higher Administrative Court (OVG) in Münster has allowed the AfD to be classified by the Office for the Protection of the Constitution and thus the party to be monitored. An appeal against the verdict announced on Monday was not permitted. But that doesn’t mean that the AfD no longer has any opportunity to take action against it.

In an appeal procedure, a court judgment is reviewed. The appeal court – in this case it would be the Federal Administrative Court in Leipzig – examines whether legal errors were made in the lower instance. It does not examine the facts itself. It does not collect new evidence or, for example, interview witnesses.

AfD can lodge a complaint

Since the OVG did not allow the appeal, the AfD would have to lodge a complaint against the non-admission. She has one month to do this after the full judgment has been delivered. In such a case, the complaint first goes to the OVG itself. If it does not remedy the situation, i.e. does not change its own decision, the Federal Administrative Court can still allow the appeal.

For this to happen, certain requirements must be met. Either it is a legal matter of fundamental importance, there is a crucial procedural defect – or the judgment deviates from the highest court case law and is based on this deviation.

The case could end up at the Federal Administrative Court

AfD federal executive board member Roman Reusch announced on Monday that the party wanted to turn to the next authority. If the appeal were ultimately allowed, the Federal Administrative Court would examine the judgment from Münster.