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German MPs move to ban pro-Russian AfD party through constitutional court

Lawmakers from various German parties are preparing a case to ban the AfD, arguing that the party violates constitutional principles and human dignity.

byYuri Zoria

30/09/2024

2 minute read

german mps move ban pro-russian afd party through constitutional court afg hannes p albert/dpa/picture alliance dw far right

AfG. Illustrative image: Hannes P Albert/dpa/picture alliance, via DW.

German MPs move to ban pro-Russian AfD party through constitutional court

German lawmakers from several parties are preparing to file a request with the Federal Constitutional Court to ban the Alternative for Germany (AfD) party, according to reports from German media outlets Tagesschau and Welt on 29 September.

AfD is a right-wing populist party characterized by its strong opposition to immigration, its pro-Russian stance, and vocal criticism of Germany’s support for Ukraine, positioning itself against mainstream policies on European integration and migration while advocating for closer ties with Russia.

The initiative is supported by members of at least four political parties in Germany, including the Social Democratic Party (SPD), Christian Democratic Union/Christian Social Union (CDU/CSU), Greens, and Left Party. According to Welt, at least ten members from each of these factions support the motion, surpassing the required threshold of 37 MPs (5% of the Bundestag) for a cross-party motion.

The application, which has reportedly been in preparation for months and was finalized on the previous 27 Friday, calls on the Federal Constitutional Court to declare the AfD unconstitutional under Article 21 of the Basic Law and Paragraph 43 of the Federal Constitutional Court Act. Alternatively, the court is asked to exclude the AfD from state funding.

The lawmakers allege that the AfD seeks to abolish the free democratic basic order and maintains an “actively combative-aggressive attitude” towards this order. The application cites multiple violations of the human dignity guarantee in Article 1 of the Basic Law, particularly in statements by federal and state AfD leaders regarding migrants, Muslims, and sexual minorities.

The request references recent court decisions, including rulings by the Higher Administrative Courts (OVG) of North Rhine-Westphalia and Thuringia. In May, the OVG in Münster confirmed that the Federal Office for the Protection of the Constitution (BfV) may classify the AfD as a suspected right-wing extremist case. In February, the Thuringian OVG found “significant indications” that the AfD state association in Thuringia is oriented against the constitution.

German Chancellor Olaf Scholz expressed skepticism about an AfD ban in late May, stating that banning a party is “a very difficult matter in a democracy” with very high hurdles.

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