According to a survey conducted by the magazine Focus across all 16 state chancelleries, seven state premiers from the CDU and SPD have indicated their willingness to participate in establishing a federal-state working group to examine the constitutional validity of the AfD party.
The ministers-presidents open to this initiative include those from Baden-Württemberg, Schleswig-Holstein, Hamburg, Bremen, North Rhine-Westphalia, Lower Saxony, and the Saarland. Olaf Lies, the Minister-President of Lower Saxony (SPD), confirmed his state’s involvement, stating that Lower Saxony would contribute if a federal-state working group were established to conduct the necessary legal review concerning the potential constitutional threat posed by the AfD.
In contrast, Bavaria, Hesse, Rhineland-Palatinate, and Saxony rejected the idea of banning the AfD. While Berlin and Brandenburg expressed their openness to a working group, they remained skeptical about whether the process would ultimately lead to a ban. Saxony-Anhalt, Mecklenburg-Vorpommern, and Thuringia chose not to respond to Focus’s inquiry.
The proposal for such a federal-state working group was prompted by Hendrik Wüst, the Minister-President of North Rhine-Westphalia (CDU), following the AfD’s electoral success in Saxony-Anhalt. It is important to note that according to the Federal Constitutional Court Act, only the Federal Parliament (Bundestag), the Bundesrat (Federal Council), or the Federal Government has the authority to file a motion for a party ban with the Federal Constitutional Court. When states vote in the Bundesrat, the position taken by their respective state government plays a decisive role.
Under Article 21 of the Basic Law, any party deemed to undermine or abolish the free democratic basic order, or to endanger the existence of the Federal Republic of Germany through its goals or the actions of its members, is considered unconstitutional. The ultimate determination regarding the unconstitutionality of parties rests with the Federal Constitutional Court.
