Former Federal Minister of Finance Peer Steinbrück (SPD) has proposed conditions under which the so-called “brand wall” against the AfD could be lifted. While acknowledging his ability to understand this barrier, he specified to the “Bild” podcast “Ronzheimer” that it should not necessarily be permanent, but only in the foreseeable future.
The former minister raised the question of how the AfD could be altered within the political spectrum-moved from a far-right to a conservative right-wing position. Steinbrück suggested that he would begin by defining specific red lines across various political fields. He maintained that as long as the AfD crosses these established red lines, the brand wall must remain in place; otherwise, it could be softened or removed.
Steinbrück firmly opposed a review of the AfD for a political ban. He asserted that opposing a ban would not cause voters to disappear, nor would it automatically exclude AfD voters. Furthermore, he stated that the risk of such a process failing is extremely high, noting that everyone is acutely aware of the difficulty in successfully enforcing a ban procedure at the Federal Constitutional Court. If such a procedure were unsuccessful, he warned, a “backlash” would ensue, leading to catastrophic consequences.
Instead of seeking a ban, the SPD politician advocated for alternative measures. He expressed surprise that far less was being done to utilize other constitutional options, such as stripping individual AfD representatives, for example Mr. Höcke, of passive suffrage. Steinbrück commented: “I believe there is plenty of material to clearly show that Mr. Höcke is a mental deficiency who has nothing to do with the fundamentals of our constitution.”
Legally, Article 21 of the Basic Law stipulates that parties are unconstitutional if their goals or the behavior of their supporters aims to impair, abolish, or endanger the fundamental democratic order of a liberal state. The Federal Constitutional Court determines the question of unconstitutionality, but the court cannot act independently; an official inquiry must first be requested by the Bundestag, the Bundesrat, or the federal government.
Furthermore, individuals who misuse fundamental freedoms-such as freedom of speech, assembly, or association-to fight against the constitutional democratic order will forfeit those rights under Article 18 of the Basic Law. The extent and nature of this forfeiture are also determined by the Federal Constitutional Court upon application.
