The SPD still considers a ban procedure against the AfD viable. “Examining a party ban before the Federal Constitutional Court is not off the table” said Carmen Wegge, the SPD’s spokesperson for legal policy, to the “Frankfurter Allgemeine Zeitung” on Friday.
Wegge explained that different grounds would be checked, such as the principle of democracy, the rule‑of‑law principle, and whether the AfD threatens the existence of the Federal Republic.
Separately, the Administrative Court in Cologne had ruled in an emergency case that the Federal Office for the Protection of the Constitution cannot label the AfD as definitively right‑extremist until the main proceedings are finished. “I had hoped for a different outcome, but it is encouraging that the Cologne court already acknowledged strong anti‑constitutional tendencies within the AfD” she remarked. “In the main case the security service will be able to present even more evidence. The court can also examine parliamentary speeches”.
During its summer party last year, the SPD voted unanimously to prepare a ban filing. At that time, a majority in the Bundestag for a ban motion before the Constitutional Court seemed unlikely.
Nonetheless, Wegge remains optimistic. “We are in close contact with our coalition partner on whether a ban should be examined” she said. “I see significant momentum in the Länder”.
Under Article 21 of the German Basic Law, parties that, by their goals or the behaviour of their supporters, aim to undermine or abolish the democratic constitutional order or threaten the existence of the Federal Republic are unconstitutional. The Federal Constitutional Court decides on such violations, but it does not act on its own initiative; a request from the Bundestag, the Bundesrat, or the federal government is necessary.
