The former constitutional judge Udo Di Fabio considers the prospects of success for a ban procedure AfD uncertain at this point. “At the moment I’m not sure whether the conditions for a ban have already been met,” he told the Picture on Sunday.
An AfD ban procedure could be “promising and even politically necessary” if the party continues to radicalize and aims to undermine or even abolish the current constitutional order, said the former judge Federal Constitutional Court. “Maybe it’s better to keep the powder dry because you might need it later.”
Di Fabio also said that the party, which is partly right-wing extremist, is not yet so radicalized that it can be described as a Nazi party. “There may be figures in the AfD who flirt with the ideology and symbols of the NSDAP. We have to monitor this carefully; no one can rule out that the party will become further radicalized,” he said.
But if we act as if we already have a Nazi party in front of us, then we are also hostile to those who, for some objective or less objective reasons AfD Vote.” That’s at least a quarter of Germans.
In surveys, the AfD receives a quarter of the vote
It will also not be possible to deny the AfD the formation of a state government in the event of a victory in the upcoming state elections in several federal states. In Saxony-Anhalt and Mecklenburg-Western Pomerania, the AfD is far and away in first place in the polls so far. In nationwide surveys it is currently at 25 to 26 percent. In the new year there will be state elections in Baden-Württemberg, Rhineland-Palatinate, Saxony-Anhalt, Mecklenburg-Western Pomerania and the election to the House of Representatives in Berlin.
If the AfD actually wins an absolute majority of seats in an election, Germany would face “a serious challenge.” However, he would not “paint the impending demise of democracy on the wall.” In this case, the Basic Law provides opportunities to “intervene against a state government that leaves the constitutional framework,” said Di Fabio. “In other words: an AfD government would also have to adhere to the law.”
His colleague, the former constitutional judge Andreas Voßkuhle, had warned this weekthe election of an AfD politician as head of government could increase illiberal developments throughout Germany.
Politicians divided over AfD ban
In the spring, the federal and state interior ministers agreed to set up a federal-state working group to further deal with the AfD, which has now been formed. The Federal Office for the Protection of the Constitution announced at the beginning of May that it would henceforth classify the AfD as a confirmed right-wing extremist effort. However, due to a lawsuit filed by the AfD against this step, the authority has postponed the classification until it has been clarified in court.
Opinions about a possible AfD ban procedure are divided in politics. The SPD tends to be in favor of it. The CDU and CSU are skeptical about such a procedure, they fear that only the AfD would benefit from it. This is the only way to ban a party Federal Constitutional Court decide. Either the Bundestag, the Bundesrat or the Federal Government can submit a corresponding application.
