Armin Laschet, the former minister-president of North Rhine-Westphalia and a member of the CDU, has strongly criticized the debate surrounding an AfD ban, a process initiated by his successor, Hendrik Wüst. Speaking to the “Kölner Stadt-Anzeiger”, Laschet stated that discussing the introduction or examination of a ban procedure only serves to strengthen the Alternative for Germany party.
Wüst had previously called for the establishment of a Federal-State Commission to review the constitutional handling of the AfD following its electoral success in Saxony-Anhalt. Laschet countered this approach, arguing that stating clearly upon the AfD’s success, “we want a ban,” is predictable, and voters will naturally become even more enraged. Laschet, who served as the CDU’s federal chairman and now heads the Foreign Affairs Committee of the Bundestag, dismissed the entire discussion as flawed, insisting instead that society must engage with the AfD politically.
Furthermore, Laschet claimed that such a procedure would take at least three years, and constitutional experts assess it would likely fail. He also pointed out that the constitution protection agency in North Rhine-Westphalia does not even classify the AfD as a target for observation.
Legal experts themselves are sharply divided regarding the chances of a ban succeeding. Some, including former constitutional judges Hans-Jürgen Papier and Peter Müller (CDU), advise against filing a ban application. Conversely, in 2024, 17 law professors submitted a detailed statement to the Bundestag in favor of a ban procedure. More than 1,000 jurists joined the Republican Lawyers’ Association (RAV) in an open letter supporting the process. Even Christoph Möller and Sophie Schönberger-who had previously expressed skepticism-affirmed the strict scientific standards and openness of the 1,500-page report by the Society for Freedom Rights, which concluded that the preconditions for banning the AfD were met.
Under Article 21 of the Basic Law, parties are considered unconstitutional if their goals, or the conduct of their members, aim to impair or abolish the liberal democratic basic order or to endanger the existence of the Federal Republic of Germany. The Federal Constitutional Court holds the authority to decide on the question of unconstitutionality. An application for a party ban can be filed with the Federal Constitutional Court by the Bundestag, the Bundesrat, or the Federal Government, with the position of the respective state governments being decisive for the voting behavior of the Länder in the Bundesrat.
