A German Human Rights Institute has concluded that the conditions for a ban on the AfD party are met. “The AfD has reached a level of danger to the fundamental democratic order that justifies a ban, as per Article 21 of the German Constitution” the institute stated, citing the initiative in the Bundestag for a ban before the Federal Constitutional Court.
The institute had already examined programs and statements by party leaders and members in June 2023, assessing them according to the legal standard for a party ban. “The party has further radicalized since then. We find, however, that the danger posed by the AfD is often not adequately highlighted in the public sphere by politics and the media” the institute emphasized, noting that it is primarily funded by the Bundestag.
“The AfD aims to abolish the fundamental democratic order, and it is a party with an openly right-wing extremist orientation, as evident from its programs” the human rights institution stated. “It targets the abolition of the guarantee of human dignity enshrined in Article 1, Paragraph 1 of the German Constitution.” Additionally, the institute said that the AfD has increasingly adopted the course driven by Björn Höcke, which ultimately leads to a form of government that is oriented towards the National Socialism of the 1930s.
The institution of a party ban is a tool created from historical experience for a situation like the current one. “The party has continuously radicalized since its founding in 2013, while its approval ratings have increased. In the recent local and state elections, the AfD has made significant gains in power” the institute noted.
The Federal Constitutional Court decides on a party ban, but it can only act if the Bundestag, the Federal Council, or the Federal Government submits a ban application. “It would be a necessary strong signal if not only the Bundestag, but also the Federal Council and the Federal Government, took up the current initiative for a ban and submitted a ban application to the Federal Constitutional Court” the human rights institute emphasized. “The instrument of a party ban should not be waived in the face of the danger posed by the AfD, but rather be used to protect the free, constitutional democratic order.