Report on potential ban of AfD by Constitution Protection Office serves as a valuable foundation

Analysis of the AFD ban debate: Opinions from constitutional scholars offer a solid foundation for starting discussions

The University of Cologne's Research Center for Intelligence Services has published a significant legal study on the potential ban of the Alternative for Germany (AfD) party. Led by constitutional law expert Markus Ogorek, the study aims to provide "legal orientation" for political decision-makers and contribute to the "objectivation and academic enrichment of the debate" surrounding the AfD's potential ban.

The study compares the Verfassungsschutz's checklist for classifying a party as "undoubtedly right-wing extremist" with the constitutional standards for a party ban. In early May, the Verfassungsschutz classified the AfD as "undoubtedly right-wing extremist" in a more than 1,000-page report that the agency had been preparing for several years. However, the AfD contested the classification legally, leading to the Verfassungsschutz temporarily suspending the upgrade and reclassifying the party as a "suspicious case" pending further notice.

The study concludes that while these standards are not identical, they are largely comparable in many aspects. It recommends waiting for the courts' opinion on the AfD's classification as "undoubtedly right-wing extremist" before potentially filing for a party ban. This approach aligns with the SPD party conference's call at the end of June for the establishment of a federal-state working group to prepare for a ban procedure.

It is essential to note that there is no consensus among other parties on whether to pursue an AfD ban. The Bundestag, Bundesrat, or the federal government would have to file the application for a ban. The Federal Constitutional Court in Karlsruhe is the only entity that can ban a party. The hurdles for a party ban are high.

Ogorek's study examines the terms contained in the Basic Law's formulation regarding parties that aim to impair or abolish the free democratic basic order or endanger the existence of the Federal Republic of Germany. The study's findings could provide valuable insights for political decision-makers as they navigate the complex process of potentially banning the AfD.

Preparation for a potential party ban application can be made before the courts' decision on the AfD's classification. The study concludes that the Verfassungsschutz report from the spring should play a significant role in preparing for a potential party ban procedure. The Cologne study's objective and academic approach could help foster a more informed and nuanced discussion on the potential AfD ban.