The AfD cannot be classified as “definitely far-right.” At least for now. The Cologne administrative court ruled in favor of the party led by Alice Weidel against the domestic secret service, known as the Verfassungsschutz, or Protection of the Constitution (BfV). But not on the merits of the case.
The judges have simply stated that this definition cannot be used, with all the practical consequences it entails in Germany, until the court has finally decided, in the main proceedings already underway, whether the AfD is truly extremist or not. It is not yet known when the final decision will be given.
Alternative für Deutschland is celebrating this as a major victory. “A major success for the AfD and a major success for democracy in Germany!” said Alice Weidel. In essence, their request has been granted, preventing the secret services from using the classification until the final decision.
The Verfassungsschutz had labeled the AfD as “certainly right-wing extremist” last May, after years of investigation. That designation gives the services the right to monitor the party’s activities, including reading emails. Under the German constitution, which prohibits the revival of Nazi-inspired or anti-democratic parties after the war, the BfV’s official “right-wing extremist” classification could pave the way for the party to be banned.
However, banning a party is not easy in Germany. The decision lies solely with the Constitutional Court, at the request of parliament or the government. This happened in the 1950s with the German Communist Party.
The AfD mobilized strongly against this existential threat, requesting an urgent appeal in May. It should be noted that the Cologne ruling gives the party pause and breathing space, but does not declare it innocent in advance. The Cologne court also made critical remarks towards the AfD: the judges expressly emphasize “that there continues to be a strong suspicion that the party pursues unconstitutional objectives.”
The case does not end there. The services can appeal to the second-instance administrative court in Münster. However, the AfD's official accounts declare victory. The decision comes at a time when the party is facing major internal problems: nepotism scandals, accusations of embezzlement, and a controversy over parliamentary assistants (one of whom does not even live in Germany, even though the party is ultranationalist). These scandals are testing Alice Weidel's ability to establish order in the party. For the time being, however, they have not reduced the support for the AfD, which remains neck and neck in the polls with Friedrich Merz's CDU./ Corriere della Sera