Protection of the constitution: What does the new classification mean for the AfD?

The AfD is now observed by the constitutional protection as a secure right -wing extremist party. What does this mean for the future of the party and for its members? The most important questions and answers:

On what basis does such a decision make?

The protection of the constitution is not only responsible as an element of defensive democracy for counterparts and the education of terrorist endeavors. It is also said to be a kind of early warning system – that is, to recognize and name groups in good time, which are directed against the free democratic basic order. It is about human dignity, the principle of democracy and the rule of law.

It is also considered which contacts exist with other extremist groups. As can be seen from a message from the Federal Office, the Protection of the Constitution is based primarily on statements and positions in its re -assessment of the AfD, which deals with the violation of human dignity – for example by devaluing Muslims or flat -rate terms such as “knife migrants”.

Does the party have to expect a ban?

The observation by the BFV has nothing to do with a ban on partying. Because this can only be requested from the Federal Constitutional Court by the Bundestag, Federal Council or the Federal Government. However, one of the three constitutional organs could feel encouraged by the new assessment of the domestic message service to make such an application. The SPD interior politician Lars Castellucci advises to make further preparations for a prohibition procedure “for the time when all the lawsuits are rejected”.

Former CDU MP Marco Wanderwitz had initiated a group application, which was more than 120 parliamentarians in the past election period. They wanted the Bundestag to apply for a ban on parties to the Federal Constitutional Court. But that didn’t happen.

What is in the report?

The Federal Office for the Protection of the Constitution (BFV) has created an expert opinion on the party, which is around 1,110 pages. The report is only intended for internal use. Among other things, it lists statements that the constitutional protection considers as “continuous agitation” against refugees and migrants. Corresponding statements by AfD politicians can be found not only in internal communication, but also in speeches and social media. They range from slogans such as “Short up living space!” To sentences like “Every stranger in this country is one too much.”

Who gets the report to see?

The Federal Ministry of the Interior has also received the constitutional protection officers in the countries. A publication of the internal working paper, in which knowledge from the past Bundestag election campaign has also been incorporated, is not intended. However, an earlier report that the protection of the constitution had drawn up as a “suspected case” before the classification was published by the online medium netzpolitik.org.

Soon no more money from the state?

Two ban proceedings against the right-wing extremist party NPD, which renamed “Die Homen” in 2023, failed: The first time, in 2003, because it turned out that the NPD management team belonged to several informants of the protection of the constitution-so-called V-people. The second time, in 2017, the Federal Constitutional Court judged that the NPD was clearly anti -constitutional, but now politically meaningless. In January 2024, however, the Federal Constitutional Court gave an application by the Bundestag, Federal Council and the Federal Government to deny the party “Die Homen” access to further state financial resources, by exclusion from party financing.

Since a change in the Basic Law of 2017, “parties that are based on their goals or the behavior of their supporters have been able to impair or eliminate the free democratic basic order or to endanger the existence of the Federal Republic of Germany” that will be deleted by state financing from taxpayers.

New legal disputes?

It is likely that the AfD – as with earlier classification by the constitutional protection – will complain again this time. The courts must then check whether and to what extent the party violates the basic principles of the constitution. The Cologne Administrative Court would initially be responsible. The party leaders Alice Weidel and Tino Chrupalla have announced that the party wanted to “continue to defend themselves legally”.

Will the AfD be politically harm?

That will be shown. In three East German countries – Saxony, Thuringia and Saxony -Anhalt – the respective national association was already considered secure right -wing extremist. In the past Bundestag election, this did not harm the party there. It may look different in western federal states.

The AfD had increased in election surveys in recent weeks and had moved to the values ​​of the CDU/CSU, partly beyond. In the current ZDF polite barometer, on the other hand, the Union (27 percent) lies again at a clear distance from the AfD (23 percent).

In the Bundestag election on February 23, the AfD landed in second place with 20.8 percent. How great the party will be in the future will probably also depend significantly on whether the new black and red coalition will set positive impulses for the German economy, reduce the number of unauthorized entry and ensure that living, energy and food are affordable.

Shouldn’t the report come in 2024?

Yes. Former BFV President, Thomas Haldenwang, actually wanted to complete the current report on the AfD last year. However, the schedule changed due to the early Bundestag election and Haldenwang’s departure in December. Vice President Sinan Selen and Silke Willems are currently running the domestic service.

Much had recently been speculated about whether the report might be held back in order to choose a politically favorable time for the reassessment. The executive Federal Minister of the Interior Nancy Faeser (SPD) said when asked that the Ministry reached it on April 28th.

What does the decision for individual AfD members mean?

Membership in a party classified as right -wing extremist can justify doubts about the constitutional faithful. However, membership alone is not sufficient for official consequences for civil servants, but the individual case is considered. The same applies to the withdrawal of weapon permission among hunters and shooters. “The classification of the AfD should follow, for example, that the state takes disciplinary measures against civil servants who stand up for the party,” says Hendrik Cremer from the German Institute for Human Rights.