Former constitutional judge Udo Di Fabio maintains that the alleged contacts of the Alternative for Germany (AfD) with Russia are relevant in the context of a possible party ban. In remarks to the Tagesspiegel, Di Fabio stated that the AfD shows a “high affinity for dictatorships like Russia.” He suggested this might be an indication that there is more going on than what is publicly stated regarding the party’s platform.
The constitutional expert explained that ban proceedings are not solely about defending the democratic basic order internally; they also address threats to the Federal Republic’s stability originating from outside. If a party demonstrates close political ties to countries like Russia, Di Fabio noted, “this can point toward a danger to the state.”
Despite the party’s current electoral success, Di Fabio argued that it remains possible to review the possibility of a ban. He added that it is too late only when an alleged anti-constitutional party has obtained a majority in the Bundestag and the Bundesrat, as no applicants would remain at that point. Currently, from a legal standpoint, Di Fabio believes “it is not too late.”
However, he questioned what status a democracy would hold if the application for a ban were unsuccessful, or conversely, what the consequences would be following a ban. Di Fabio asked whether the Federal Constitutional Court would be obligated to order new elections if the party-now possibly the strongest in the Bundestag-were banned, given that the diminished representation in parliament would no longer adequately reflect the will of the majority.
