Following a 1,500-page report from the Freedom of Rights Society, which concluded that the AfD is unconstitutional and that a ban proceeding before the Federal Constitutional Court would likely succeed, several politicians are advocating for the initiation of such a review.
CDU member Elisabeth Winkelmeier-Becker told Spiegel that there is “every reason to allow the court to conduct this examination,” stating that this would also benefit citizens who “share certain positions of the AfD or support it in elections,” as they deserve to know what they are committing to by supporting the party.
SPD Parliamentary Group Manager Dirk Wiese similarly supports the review, calling the compiled evidence from the Freedom of Rights Society “yet another building block to put the AfD in a political and legal position.” Speaking to Handelsblatt, he emphasized the urgency, noting, “There are currently numerous indications that the AfD is becoming increasingly radicalized.”
SPD MP Carmen Wegge told the Rheinische Post that the report “impressively shows how deeply the AfD has been permeated by far-right forces even at the federal level, with no further distinction being made.” She urged immediate action, saying that “we must now move towards the review of the AfD before the Federal Constitutional Court and set up a federal-state working group to prepare and initiate the proceedings.”
Wegge further asserted in Spiegel that the AfD is “a far-right party that systematically attacks our free society, normalizes racism, disdains institutions, and aims to eliminate the free democratic basic order from within.” She declared that democratic forces must finally draw the correct conclusions from the report, adding, “As a democrat, I cannot stand by and watch such a party grow stronger.”
The Working Group of Social Democratic Jurists stated that the report provides sufficient clarity and a reliable foundation upon which action can finally be taken. Harald Baumann-Hasske, the Federal Chairman of this SPD group, stated, “The defensive democracy of the Basic Law has given us tools to proceed against enemies of democracy using the rule of law-these tools must now finally be used.” Antje Draheim, another Federal Chair, agreed, adding, “A democracy that does not defend itself jeopardizes its existence. There are no more excuses. It is the task of state bodies to protect democracy and the rule of law. Therefore, a judicial review of the unconstitutionality of individual parties must be conducted when sufficient suspicion exists.”
Green MP Till Steffen, who previously served as a legal senator in Hamburg, called on Spiegel not only for the proceedings to be “immediately initiated” but also for the Cologne Administrative Court to consider the evidence from the report when determining whether the national party should be classified as reliably far-right by the domestic intelligence service.
Clara Bünger (Left Party) criticized the tentative handling of Article 21 of the Basic Law, telling Spiegel, “We cannot continue to block the mechanisms that the Constitution provides for self-defense.” She stressed that the threat posed by AfD’s policies is very concrete, noting, “With the strengthening of the AfD, Germany is seeing an increase in racist violence,” and that ties to the AfD are repeatedly found in past cases of far-right terrorism.
Stefan Seidler, representing the South Schleswig Voters’ Association (SSW) in the Bundestag, voiced deep concern as a representative of national minorities. He told Spiegel and the Rheinische Post that it is alarming “when far-right forces attempt to hollow out our rule of law and call into question the protection of minorities.” He stated that there can be no hesitation in protecting democracy. “If such a report concludes that the conditions for examination by the Federal Constitutional Court are met, then the federal and state governments must act consistently and initiate such a proceeding.”
These speakers underlined that democratic institutions form the foundation of an open and lawful society, and the SSW politician stressed, “It is clear to me: now we need a coordinated and resolute approach. Our democracy is defensive, and we must use that.”
Article 21 of the Basic Law renders parties unconstitutional if, in their goals or the behavior of their followers, they aim to impair or abolish the free democratic basic order or endanger the existence of the Federal Republic of Germany. The Federal Constitutional Court determines the unconstitutionality, but the Court cannot act on its own; a mandate for review must be issued by the Bundestag, the Bundesrat, or the Federal Government.
