The Social Democratic Party (SPD) still considers a ban against the Alternative for Germany (AfD) possible. “The examination of a party ban before the Federal Constitutional Court is not off the table” said Carmen Weg - the SPD faction’s spokesperson on legal policy – to the Frankfurter Allgemeine Zeitung on Friday.
Weg points out that a different set of criteria will be applied. “For instance, the principles of democracy, the rule of law, and whether the existence of the Federal Republic is threatened by the AfD can be examined” she explained.
Earlier this year the Cologne Administrative Court ruled in an expedited proceeding that the Office for the Protection of the Constitution could not yet classify the AfD as firmly right‑extremist until the main case is concluded. “I had hoped for a different decision. However, it is positive that the Cologne court also found strong unconstitutional tendencies within the AfD” Weg said. She added that in the main proceeding the Office will be able to present further evidence, including parliamentary speeches, which the court can review.
The SPD had already resolved at its party conference last summer to prepare for a ban procedure, although a majority in the Bundestag for a ban request before the Federal Constitutional Court was not seen at the time. Despite that, Weg remains optimistic. “We are in close exchange with our coalition partner on whether a ban procedure should be examined” she said. “I particularly see movement in the states”.
Under Article 21 of the Basic Law, parties that, by their objectives or the conduct of their supporters, seek to undermine or eliminate the liberal democratic basic order or threaten the existence of the Federal Republic of Germany are deemed unconstitutional. The Federal Constitutional Court decides on the question of unconstitutionality, but it acts only on a mandate from the Bundestag, the Bundesrat or the federal government.