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Germany in January 2024: The Alternative for Germany party, AfD, categorized by the Constitutional Protection as partially right-wing extremist reaches the maximum values ??in the polls. At the same time, hundreds of thousands of people take to the streets of Germany to demonstrate against the party with a hostile attitude towards migration. Even in the Bundestag there is a debate about how to deal with the AfD. The three governing parties, the Social Democrats, the SPD, the Greens, and the liberals, the FDP, have submitted the request for the parliamentary debate: "Democracy defending itself in a country with diversity - clear stance against the enemies of democracy and deportation plans."
The reason for the debate in the Bundetag was a media report about a meeting of right-wing extremists, in which AfD functionaries but also members of the Christian Democratic party, CDU, participated. It is about a so-called re-emigration of millions of people who came to Germany. Bernd Baumann, the AfD's parliamentary executive leader, described the meeting as a "small and private debating club" that "has grown into a very dangerous meeting". Interior Minister Nancy Faeser, SPD counters: "We see active efforts to move the borders and bring into society contempt for democracy and anti-humanism."

Faeser is responsible for security in Germany and at the same time for the Constitutional Protection Agency. "This democracy knows how to defend itself", with these words she addressed the AfD parliamentary group in the plenary hall. The German minister even imagines banning the AfD party, but as a last resort. In 2017, the procedure to ban the nationalist and racist party, the National Democratic Party of Germany, NPD failed. A part of this party has been transformed into the "Homeland" party and has no political weight, and precisely for this reason it was not banned by the Constitutional Court. (e act.) But yesterday the Constitutional Court decided to remove state funding from the "Homeland" party. This was interpreted in Germany as a signal for the AfD.
The AfD party is different: it is on the road to success, and in 3 out of 16 German states it is categorized as "proven right-wing extremist". The obstacles to banning a party are high - this has been decided by the Federal Constitutional Court. For this, there had to be some kind of probability for the party to have that political weight, enough to realize its goals, according to the clarifications of the constitutionalist from Berlin, Christian Pestalozza for DW.
Easier is the exclusion from state funding of a party hostile to the constitution. In Germany, parties are financed by member contributions, donations and tax payers. Here it applies: the higher the support in the votes, the more claims this party has for funds from the state coffers. For the AfD, over 10 million euros currently flow from this fund.

Christian Pestalozza sees as more likely the suspension of funding for a party that is likely to pursue unconstitutional goals. "For this, it is enough for them to follow these goals, without the need to bring evidence, that the party has the potential to bring these goals to life." Even if AfD's program sounds relatively harmless, the reality is quite different, according to Christian Pestalozza. "But if these conditions have been met, this remains a speculation. The Constitutional Protection authorities know this better, as they keep the party and its branches in the provinces under surveillance."
In three German states, Thuringia, Saxony and Saxony-Anhalt, the AfD party can be intercepted by secret service methods such as wiretapping because it is categorized as a so-called surveillance case. The constitutionalist from Berlin calls it possible for the party to be excluded from state funds in these three states. The condition for this is a request from the government or parliament. However, the Constitutional Court can issue completely different decisions than the Constitutional Protection authorities. But I don't expect that, Pestalozza points out.

Constitutional law expert Azim Semizo?lu from Leipzig University is more skeptical about AfD's exclusion from state funding. Because according to him, the condition would be for the AfD program to be declared unconstitutional by the court. This can be problematic, according to him.
Another possibility to act against the enemies of the constitution is the removal of the basic rights of certain persons. They, for example, in such a case would not be allowed to run for public office. An online petition in Germany seeks to achieve this for Björn Höcke. According to a court decision, the head of the AfD for Thuringia can be called a fascist. In the polls for the elections in September 2024 in the country AfD leads with 30%. Many fear that Björn Höcke could be elected the first prime minister of the AfD in a German state. Expert Semizo?lu doubts that Höcke can be deprived of the basic right to public office. In the past such efforts have not been successful and the obstacles are great.
Despite debates about banning a party or possible sanctions against the AfD or certain individuals, Semizo?lu sees democracy in Germany as too strong to defend itself against its enemies. "When I see how many people take to the streets against racist attitudes, then this is a moment that encourages you."/ DW
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