The debate surrounding the potential legal restrictions on the Alternative for Germany (AfD) has intensified, with prominent figures from the Social Democratic Party (SPD) and the Christian Democratic Union (CDU) voicing support for increasingly stringent measures. Thuringia’s Interior Minister Georg Maier and Berlin’s Justice Senator Felor Badenberg have both signaled openness to a ban on the AfD’s Thuringia state branch and a possible stripping of electoral rights for party leader Björn Höcke, respectively.
Ms. Badenberg, in an interview with “Süddeutsche Zeitung”, strongly advocated for initiating a ban procedure against the Thuringia state chapter, adding a pointed suggestion to explore the possibility of utilizing “fundamental rights revocation” against Höcke, a measure that could lead to the removal of his right to vote and stand for election. Maier echoed this sentiment, stating his willingness to pursue both actions. He further challenged the CDU’s traditionally cautious stance on a nationwide AfD ban, warning that the party’s reluctance risks undermining the foundations of German democracy. Maier referenced the views of numerous respected constitutional law experts who, he says, recognize the escalating radicalization within the AfD as a significant threat.
However, while acknowledging the dangers posed by the AfD – characterized as holding “anti-constitutional positions” maintaining ties to the far-right and connections to “autocratic states” – Ms. Badenberg cautioned against overly aggressive legal action. She warned that previous attempts to ban the party have fallen short due to insufficient evidence of a demonstrable threat to constitutional order. Despite this, she insists the CDU must uphold the “firewall” against extremist ideologies.
A full ban of the AfD, both politicians concede, would have sweeping and potentially destabilizing consequences. It would trigger the immediate dissolution of the party, leading to the revocation of mandates for all AfD representatives across all levels of government – from the European Parliament to the Bundestag and state legislatures. The Federal Constitutional Court could seize party assets and searches of parliamentary offices would be initiated. Maier even suggested that new elections would likely be necessary, fearing a significant shift in parliamentary power dynamics given the potential loss of a substantial portion of the existing legislative body. He described such an action as a “radical operation on the open heart of democracy.
The escalating rhetoric highlights a deepening political divide and raises fundamental questions about the limits of tolerance and the tools available to defend the German democratic order against perceived existential threats.
