According to Thorsten Frei, the co-leader of the CDU parliamentary group, the Basic Law’s Article 37 should be used for the first time in the history of the Federal Republic if an AfD state government were formed and pursued unconstitutional policies. Frei stated to the “Redaktionsnetzwerk Deutschland” (Saturday editions) that if the situation demands it, they would naturally enforce the Basic Law and utilize every available instrument to do so.
This article of the Basic Law allows the federal government to take measures against a state government that violates the constitution or refuses to implement federal laws, provided the Bundesrat consents. “The institutions of our state are designed to guarantee exactly this. We are a defensive democracy,” Frei added.
While Frei specified that federal coercion represents a last resort (“Ultima Ratio”), he maintained that the state possesses the necessary tools to protect democracy, the rule of law, and the overall liberal-democratic constitutional order if required. He described this capability as an obvious fundamental principle.
The potential application of Article 37 is being discussed in Saxony-Anhalt, where the AfD, classified as right-extremist by the Federal Office for the Protection of the Constitution, is currently gauging whether it can form a government after its victory in the state election. Article 37 has never before been invoked.
