https://www.nytimes.com/2025/05/02/world/europe/germany-afd-far-right-extremist.html
Gibt es keine Klausel in Ihrer Verfassung, um extreme richtige Parteien zu verbieten?
What will happen now that AfD has been found to be Extremist by Deutschland's Intelligence agency?
byu/flagellat-ey ingermany
Von flagellat-ey
16 Kommentare
Oh oh I know I know! Probably nothing.
There is a clause to ban parties that are actively working against the constitution, not parties of any particular political persuasion.
That being said, I do hope that they find proof AfD falls in this category and will be banned.
That can actually happen.
Should have begun at least 3 years earlier…
But that requires investigation. First the investigation has now concluded.
Art 21 (4) GG: The Federal Constitutional Court shall decide on the question of unconstitutionality pursuant to paragraph 2 and on the exclusion of state funding pursuant to paragraph 3.
Article 21 (2) of our constitution allows parties to be banned if their „objectives or the behavior of their supporters are aimed at impairing or eliminating the free democratic basic order or endangering the existence of the Federal Republic of Germany are unconstitutional.“
Bundestag, Bundesrat or the government can request this but the surpreme court has to decide on it.
If the Federal Office for the Protection of the Constitution didn’t screw up in their work, this is a step towards this, but lets see if the other parties, especially SPD and CDU/CSU aren’t cowards.
The only direct consequence is that the domestic intelligence services may now use more advanced approaches to monitor and infiltrate the AfD. It doesn’t have any direct consequences on a ban.
Extremist parties can be banned in Germany, but the domestic intelligence service has no say in this. The ban has to be requested by the parliament at the constitutional court, and they decide if a ban is appropriate. The information collected by the intelligence service that led to the classification as an extremist party can, however, of course help the constitutional court to come to the same conclusion.
„Isn’t there a clause in your constitution to ban extreme Right parties?“
It would be a stupid constitution if there were such a clause.
Imagine the Intelligence agency (or any other agency) could disband any political party by labeling them „Extremist“. That wouldn’t be democracy.
Also, there are left extremist as well.
The Verfassungsschutz is not our intelligence agency, no matter how often Rubio says it is.
There isn’t an automatic ban, there is the ability to ban them. Which is a whole process that would take years. It is also questionable what is actually achieved by that. It’s not like the people with those views go away just because you ban the party. They can just form another one, with different leadership and different name.
According to one version of events that’s how we got the AfD in the first place. The AfD started out as a centrist EU-critic party. At that time the far-right party was the NPD, which we had already tried to ban once (which was rejected by the courts). A second attempt to ban them was started, and coincidentally that’s when more and more far-right members started suddenly joining the AfD, gradually turning it into a far-right party. In some ways a more dangerous far-right party because they didn’t already have the far-right reputation and were able to win supporters with a much cleaner slate.
The AfD will sue, courts will find that this was legal, and then nothing will happen for a while. Maybe they put some spies into the organization but I doubt things will come of that.
Than the US will liberate us /s
Anyone who has publicly supported afd better watch themselves. They might get a visit from the authorities. 😂
It’s a good question. A political party is just a representation of a sentiment in a given society. If people didn’t identify with AFD it would have 1-2% following.
The question is not what you do with the party but what you will do with circa 10 million Germans who supported it.
Because you can’t administratively make people change their views.
As you can see from the reaction of the established parties and most of the media, this is unlikely to change anything at all.
Nothing. They are 30% or more of the electorate. The centrists let them hang around while it suited them as an excuse to turn right, now deal with the consequences democratically like you wanted.
It was not an intelligence agency but a court that decided the party as a whole is extremist.
But I wonder myself how we are going to act on this court decision. This is probably the last opportunity for us to dismantle the organization. Which is not going to make them go away but throw them back a few years and give our constitutional parties a chance to regain the trust of pcitizens who gave them their vote.
They already have a lot of parliamentarians in many cabinets and seats in some task forces where those are distributed by quota. I wonder what is the procedure for those politicians. Are the parliamentarians going to stay on their seats and remain „partyless“ for the time being? That would be a disaster. I don’t want a convicted neonazi party member to have a seat eg. in a task force whose job it is to supervise our intelligence service’s activities or decide on a state‘s curriculum.
What is the approach to prevent that the organization does not just transfer their capital to some safe bank accounts and then just reboot under a new brand?
These are truly interesting times to live in.