A German Interior Minister Calls for the Ban of a Political Party Ahead of a Constitutional Protection Report
Thuringia’s Interior Minister, Georg Maier of the Social Democratic Party, has demanded a ban on the Alternative for Germany (AfD) party, citing the party’s potential to harm democracy and its aggressive behavior. In an interview with the “Berlin Playbook” podcast of Politico, Maier stated that the conditions for a ban are in place, citing a violation of human dignity, the party’s potential and its aggressive nature.
Although Maier acknowledged that there is currently no political majority in favor of a ban, he expressed optimism that the issue is gaining traction. He pointed to Schleswig-Holstein’s Minister-President Daniel Günther, who has recently spoken out in support of a ban, as a sign of growing momentum.
Maier rejected the criticism that a ban could delegitimize democratically elected parties, arguing that a party’s democratic nature is not solely defined by its electoral success. He emphasized that a ban is not necessary to protect democracy, as the current legal framework is sufficient to address the issue.
Under Article 21 of the German Constitution, parties that aim to undermine or abolish the free democratic basic order or threaten the existence of the Federal Republic of Germany are considered unconstitutional. The Constitutional Court has the final say in determining a party’s constitutionality and the application for a ban can be initiated by the Bundestag, Bundesrat, or the Federal Government.
Maier’s call for a ban follows a similar effort in the 2000s to outlaw the National Democratic Party (NPD), which was ultimately unsuccessful. In that case, the Constitutional Court did not consider an aggressive or militant attitude as a sufficient reason for a ban, instead focusing on the party’s planned efforts to undermine democracy.