After re -evaluation: dispute with the protection of the constitution – AfD: “1-0 for us”

The promise of the Protection of the Constitution, which initially not further described the AfD as “secured right -wing extremist” and to take a corresponding message from its homepage, triggered the party. AfD top representatives already consider the step as a partial success in the legal dispute with the domestic message service. Decisions of the responsible court in the expected lengthy legal dispute have not yet been made.

“This is a first step in the right direction,” said party leader Alice Weidel. She repeated her criticism that the observation of her party was politically motivated by the constitutional protection. “A good day for us, of course,” added co-boss Tino Chrupalla. “1: 0 for us!” Wrote the group vice -vice -vice -vice -Vice Sebastian Münzenmaier on the platform X.

The Federal Constitutional Protection had previously assured in a so -called standstill commitment to temporarily on hold its new classification of the AfD as “secured right -wing extremist endeavor”, even though he still considers this to be justified, according to the submitted promise. Almost a week ago, the domestic intelligence service had shared the AfD accordingly. The party had submitted an urgent request and a lawsuit at the responsible administrative court of Cologne and requested a statement of standards as long as it has not been decided in the urgent procedure.

Mealing “proper summary test” enable

The domestic intelligence service has now met “without recognizing a legal obligation”. He declared that the classification of the AfD as secure right -wing extremist endeavor until a decision “and for the time being to continue to observe and treat the AfD only as a suspicion” to enable the decision -making chamber to enable an appropriate summary examination in the urgent procedure “. The Federal Office itself did not want to publicly comment on “with a view to the ongoing procedure and for respect for the court”.

From the perspective of Federal Minister of the Interior Alexander Dobrindt, the statement of recovery is not a reason to be excited: “This is the normality in the procedure,” said the CSU politician. Until the decision of the administrative court, the applicant’s classification in the urgent right procedure will be held onto the previous classification. In this case, this also applies to the AfD.

Overall procedures can take years

How long the urgent procedure lasts is open. First of all, the Federal Office for the Protection of the Constitution must send its opinion to the court. According to a court spokeswoman, the authority has the next week after the next week. The actual procedure can then take weeks or months. And finally the process follows in the main. The legal dispute over the question of whether the AfD can be classified as secured right -wing extremist could take several years.

Reminds of the still ongoing legal dispute with the protection of the constitution

The situation was similar with the classification for the so -called suspicion. The party also complained about this. The protection of the constitution also submitted a statement of recovery here in January 2021. After a long procedure, the AfD finally lost to the Higher Administrative Court of North Rhine-Westphalia, which came to the conclusion that the AfD was rightly classified as a right-wing extremist suspicion. But the legal dispute continues. Because the party appealed to the Federal Administrative Court that has not yet decided.

In the event of a classification as a suspicion, the protection of the constitution can already use intelligence agents, i.e. 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.

Higher rating after several years of examination

The protection of the constitution had announced on May 2, after several years of examination, to lead the AfD as secure right -wing extremist endeavor. The step had triggered a new debate about a possible AfD ban. The authority had justified its new evaluation, especially with an ethnic and parentage concept that prevails in the party. The protection of the constitution, for example, sees statements from AfD officials such as “every stranger in this country is one too much”.