Berlin’s Justice Senator, Felor Badenberg (CDU), has expressed skepticism regarding the feasibility of a nationwide ban on the Alternative for Germany (AfD) party, a measure recently advocated by the Social Democratic Party (SPD). In an interview with “Süddeutsche Zeitung”, Badenberg, a former Vice-President of the Federal Office for the Protection of the Constitution, asserted that a ban requires demonstrating the party’s deliberate, active and sustained efforts to undermine the fundamental principles of the liberal democratic order and this must apply to the party as a whole.
She explained that based on current intelligence, substantiating such a case against the AfD presents a significant challenge. A convincing demonstration would necessitate a concrete, attributable plan, such as a concept proposing the exclusion of German citizens with a migration background, which is demonstrably intended for implementation. Simply discussing “remigration” is insufficient; a detailed, actionable proposal is required. Badenberg suggested the party has adapted its tactics and operates strategically, consistently maintaining operations just below the legal threshold that could trigger legal repercussions.
Instead of a nationwide prohibition, Badenberg proposes a more targeted approach. She advocates for serious consideration of banning individual AfD state branches deemed definitively right-wing extremist. She emphasizes that the responsibility for initiating such proceedings lies with the respective state governments.
Further, she highlighted a currently underutilized legal instrument: the mechanism of fundamental rights deprivation as outlined in Article 18 of the Basic Law. This allows the Federal Constitutional Court to temporarily revoke the right to participate in elections (both actively and passively) and to hold public office. Badenberg stated that it was a mistake that this procedure was not initiated years ago in the case of Björn Höcke, the AfD chairman of Thuringia, believing it would have been a powerful signal.
