The former judge of the Federal Constitutional Court, Peter M. Huber, says a ban on the AfD in Thuringia is conceivable. Speaking to the news magazine Focus, he added that the possibility of a partial ban has not yet been fully resolved and that there is no case law on the matter. Nevertheless, Huber believes a ban on the Thuringian state affiliate could be enacted because it would be a less burdensome intervention.
A ban procedure against the national AfD, however, is viewed skeptically by the former Interior Minister of Thuringia. Huber noted that if the Thuringian AfD state chief Björn Höcke were the undisputed leader of the party, the issue would be clear. He said the authorities would also investigate how representative Höcke is for the entire party, employing “V‑people” in the process.
Regarding the AfD’s program, Huber does not see it as constitutionally problematic. He has not examined it in detail but reports that it resembles the CDU’s party platform of the 1990s. What matters, he stresses, is whether the party is planning behind the scenes to abolish or undermine the liberal‑democratic basic order.
Huber regards the democratic system as resilient, even if an AfD candidate became minister‑president for the first time this year. He argues that the federal government possesses sufficient tools to mitigate any risks that might arise. The Munich‑based jurist warns against equating the AfD with the NSDAP, stating that history does not repeat itself.
