After re -evaluation: AfD moves back to court against the protection of the constitution

After the AfD’s upgrade by the Federal Constitutional Protection, the judiciary is on the move. The party submitted a lawsuit and an urgent application to the responsible administrative court (AZ 13K3895/25 and 13L1109/25) and wants to be legally prohibited from the domestic intelligence service that it leads it to it. The Federal Office for the Protection of the Constitution (BFV) is based in Cologne.

The classification had swelled the demands for an AfD ban. The CDU boss and designed Chancellor Friedrich Merz do not want to position himself for the time being. The task of carefully evaluating and evaluating the Bundesamt’s report by the CSU will only be the next federal government and its interior minister provided by the CSU, said Merz in Berlin. “And before such an evaluation is not made, I personally do not want to give any recommendations for further conclusions on the part of the government.”

The designated Minister of Justice Stefanie Hubig from the SPD wants to quickly advise on the AfD after taking office. The report on the settings in the AfD will play an important role in the first few days, she said in Berlin.

However, Merz rejects a election of AfD MPs to committee chairman in the Bundestag after the Federal Constitutional Protection has classified the party as right-wing extremist: “At the latest since last weekend it has also been unimaginable for me that MPs in the German Bundestag vote for AfD MPs,” he said.

AfD calls proceedings illegally

In the 195-page lawsuit against the Protection of the Constitution, the AfD lawyers describe the procedure as “obviously illegal”. They speak of a “state interference in democratic competition” with a view to the upcoming local and state elections this and next year. “Due to the supposedly neutral seal of a state body – after all, a secret service” – threatens a non -resolving damage to voters.

Donors, interested parties, members, especially civil servants, soldiers and judges, are also likely to turn away from the AfD, it continues, especially since political competitors demanded a party ban procedure and business measures against civil servants of the AfD.

According to its own statements, the party currently has a special increase in membership. There is talk of 1,000 membership applications in three days. “That should be a new record,” said party boss Alice Weidel at the beginning of the week with X. A party spokesman added that 50 applications per day were normal. The AfD currently has 60,000 members.

Protection of the constitution: “Extremist characteristics of the entire party”

The Protection of the Constitution had announced on Friday that the party “due to the extremist characteristics of the entire party, which was disregarded by human dignity, had to be classified as secure right -wing extremist endeavor”. “The ethnic-parent understanding in the party is not compatible with the free democratic basic order,” it said.

So far, the intelligence service had conducted the AfD as a so -called suspected case. He had already had indications of anti -constitutional efforts that they had “compressed to certainty in significant parts”.

The AfD also sued the classification as a suspected case. After a long legal dispute, she lost to the North Rhine-Westphalia Higher Administrative Court last year and, on the other hand, appealed a complaint to the Federal Administrative Court. It has not yet been decided. The AfD also criticizes the protection of the constitution not to wait for this decision with the high level.

Lower threshold for hidden investigations

Even in the event of a classification as a suspected case, the constitutional protection can use intelligence agents, such as observations, image and sound recordings or so-called V-people- trustworthers who provide information. In the case of a observation object that is extremist as secured, the threshold drops for the use of such means.

Multi -stage procedure in the legal dispute

What’s next? Since such legal proceedings can take a long time, the AfD not only submitted an urgent application to obtain an interim decision, but also exerted an “urgent part process”. The AfD requires a so -called standstill commitment from the protection of the constitution and – if this is not given – a so -called hanging deadline of the court, in which the intelligence service is obliged to keep still, until the urgent matter has been decided. According to a court spokeswoman, the Federal Office has time until Friday afternoon to decide on the statement of standards. In the urgent procedure, it has three weeks to make your statement.

Union politicians against ban proceedings

The Union called for Greens boss Felix Banaszak to agree on an AfD ban. Exam must be started now, said co-chair Franziska Brantner. She appealed to CDU boss Friedrich Merz and the Co-chairman of the SPD, Lars Klingbeil: “Let’s get a conversation about the prohibition procedure!” It is just as important to find an answer “how we convince the AfD voters again to choose democratic parties”.

However, leading Union politicians continue to see a ban procedure skeptical. “Most voters choose the AfD in protest. And you cannot prohibit protest,” said CDU general secretary Carsten Linnemann of the “Bild” newspaper.

One party can only forbid the Federal Constitutional Court. Such a procedure can apply for such a procedure by the Bundestag, the Federal Government or the Federal Council. In such a procedure, the affected party would not only have to be demonstrated by an anti-constitutional attitude, but also an aggressive-fighting approach to the constitution.