Berlin’s Justice Senator Felor Badenberg, of the CDU party, has expressed skepticism regarding the feasibility of a nationwide ban on the Alternative for Germany (AfD) party, a measure recently advocated by the SPD. Speaking to the “Süddeutsche Zeitung”, Badenberg, a former Vice President of the Federal Office for the Protection of the Constitution, emphasized the high legal threshold required to outlaw a political party.
According to Badenberg, to justify a ban, it must be definitively proven that the AfD operates systematically, actively and aggressively against the fundamental principles of Germany’s liberal democratic order – and demonstrates this commitment across its entire structure. She stated that, based on current available evidence, achieving such a conclusive demonstration is proving difficult.
Specifically, Badenberg indicated that a credible basis for a ban would require evidence of a concrete plan, such as a proposal for the deportation of individuals with a history of migration from Germany, traceable to the party’s leadership and demonstrating intent for actual implementation. Merely discussing concepts like “remigration” is insufficient; a complete and actionable implementation strategy is necessary. Badenberg suggested that the AfD appears to have adapted its approach.
Instead of a nationwide ban, Badenberg recommends a more targeted approach, advocating for the serious examination of prohibiting individual AfD state branches that are demonstrably classified as right-wing extremist. She stressed that such initiatives should originate from the respective state governments.
Furthermore, Badenberg highlighted another underutilized legal instrument: the ability of the Federal Constitutional Court to temporarily revoke constitutionally guaranteed rights, such as the right to vote – both active and passive – and the eligibility to hold public office, as stipulated in Article 18 of the Basic Law. She regretted that this process was not initiated earlier, referencing the case of Björn Höcke, Chairman of the Thuringian AfD, stating that commencing action previously would have sent a clear message.