Danger to the Constitution?: Human Rights Institute: Opportunity for AfD ban in Karlsruhe

The German Institute for Human Rights (DIMR) considers the cross-party initiative by members of the Bundestag to ban the AfD to be promising. “The instrument of banning a party was created based on historical experience for a situation like the current one,” the institute said in a statement.

The German Institute for Human Rights is an independent national human rights institution. It is financed by the Bundestag. According to its own statements, the institute is committed, among other things, to ensuring that Germany respects and promotes human rights at home and abroad.

Party has “further radicalized” since 2023

In an analysis from June 2023, the institute had already taken the view that the party could be banned by the Federal Constitutional Court due to “its danger to the free, democratic basic order”. “The party has since become further radicalized,” the DIMR said in a statement.

A proposal from more than 100 Bundestag politicians from various factions for an AfD ban is to be debated in plenary for the first time next week. The initiators of the group proposal, Carmen Wegge (SPD), Marco Wanderwitz (CDU), Till Steffen (Greens), Martina Renner (Left) and Stefan Seidler (SSW), announced this on Monday. Bundestag Vice President Katrin Göring-Eckardt is clearly in favor of it , to decide on a Bundestag proposal to ban the AfD before the new Bundestag elections. “The AfD is increasingly openly agitating against people who do not fit into their worldview and is aggressively attacking our constitutional state and our constitution,” the Green politician told the Editorial Network Germany (RND). She added: “In the coming week of the session, we as the Bundestag must take responsibility for protecting our democracy and pave the way to Karlsruhe.”

The Bundestag, Bundesrat and Federal Government are eligible to apply

A party ban can be applied to the Federal Constitutional Court by the Bundestag, Bundesrat or Federal Government. With their submission, the cross-party group wants to achieve a corresponding resolution in the Bundestag. It is unclear whether the motion will find a majority.

The judges in Karlsruhe would then examine whether the AfD is unconstitutional according to Article 21 of the Basic Law. In such a process it would have to be proven that she is acting aggressively and combatively against the constitution.

MPs led by Green Party politician Renate Künast have submitted a different proposal to the Bundestag. This initially provides for the commissioning of experts by the President of the Bundestag. According to the applicants’ ideas, these should first examine the chances of success of an AfD ban application. The Federal Office for the Protection of the Constitution observes the AfD as a suspected right-wing extremist case.