A legal expert has assessed the recent report by Germany’s domestic intelligence agency, the Verfassungsschutz, regarding the Alternative for Germany (AfD) party, concluding it provides a solid basis for a potential ban. Professor Markus Ogorek, Director of the Institute for Public Law and Administrative Science at the University of Cologne, argues the report’s assessment of the AfD as a “confirmed extremist endeavour” carries significant weight when considering a formal application to outlaw the party.
His analysis, reported by “Der Spiegel” directly counters earlier statements from Interior Minister Alexander Dobrindt, who deemed the report insufficient as a foundation for such a process. Professor Ogorek contends that the legal criteria for classifying a party as extremist and those for initiating a ban are largely comparable.
The expert further determined that a substantial portion of the evidence compiled within the Verfassungsschutz report – specifically, instances of statements made by AfD officials – could be effectively utilized to demonstrate constitutional violations in a potential ban proceeding. He reviewed 829 statements identified by the agency as potentially infringing upon the guarantee of human dignity, assessing them against the higher standards required for a party ban.
Of those examined, 574 were deemed “potentially or likely relevant”. Professor Ogorek is urging Germany’s established political parties to begin preparations for a ban application. However, he advises they await the outcome of the AfD’s legal challenge against the Verfassungsschutz’s designation.
Should the Administrative Court of Münster uphold the agency’s assessment, Professor Ogorek believes it would strongly suggest the evidence gathered is also sufficient to support a ban based on anti-constitutional aims.
He stresses that delaying action until the court rules would be a difficult justification given the constitutional responsibility of the Bundestag, Bundesrat and federal government to utilize the ban instrument to protect the free democratic basic order.